Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister for Foreign and European Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 98-198 of 17 March 1998 publishing the cooperation agreement in the fields of education, culture, sport, science and technology between the Government of the French Republic and the Government of South Africa, signed in Paris on 4 November 1994;
Vu le Decree No. 2007-376 of 20 March 2007 publication of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted on 20 October 2005 in Paris,
Decrete:
The agreement between the Government of the French Republic and the Government of South Africa on the programme of cooperation in the field of arts and culture for the years 2010-2012, signed in Cannes on 16 May 2010, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of State, Minister of Foreign and European Affairs, are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
A C C O R D
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC D'AFRIQUE DU SUD CONCERNANT LE PROGRAMME DE COOPÉRATION SUR LE DOMAINE DES ARTS ET DE LA CULTURE POUR LES ANNÉ 2010-2012
Preamble
The Government of the Republic of South Africa represented by its Ministry of Arts and Culture and the Government of the French Republic represented by its Ministry of Culture and Communication (hereinafter referred to as "the Parties");
In accordance with the agreements between the Government of the French Republic and the Government of the South African Republic on cooperation in the field of education, sport, culture, science and technology signed on 4 November 1994 and the conclusions of the joint commission held on 22 June 2004;
FELECTING successes in the development of bilateral cooperation in the fields of arts and culture;
REQUESTS to further consolidate and deepen the bonds of friendship and mutual understanding between the peoples of the two countries, with a view to achieving mutual knowledge and understanding of cultures, intellectual and artistic achievements, as well as the understanding of the history and lifestyle of each individual;
CONSIDERING the UNESCO Convention on Cultural Diversity adopted in Paris on 20 October 2005;
REQUESTS to implement the cultural aspects of the above Agreements;
CONSIDERING the strengthening of the links of the cooperation programme signed in 2006 and extended in 2009;
AGREEMENT ON the following:
Article 1
Commitment of the parties
Parties shall exchange their information, experience and documentation relating to the activities of cultural administration, on the basis of reciprocity, and maintain regular contacts between the executives of their respective departments.
Article 2
Competent authorities
The competent authorities responsible for the implementation of this Agreement shall:
(a) In the case of the Government of the Republic of South Africa, the Ministry of Arts and Culture;
(b) In the case of the Government of the French Republic, the Ministry of Culture and Communication.
Article 3
Fields of cultural activities
The parties encourage and, to the extent possible, promote contacts and cooperation between their associations, institutions and individuals in the areas of:
(a) Visual arts and performing arts;
(b) Heritage, material and immaterial;
(c) Archaeology;
(d) Museums;
(e) Archives;
(f) Publishing;
(g) Audiovisual, design and fashion industries;
(h) Protection of copyright;
(i) Scanning, at the governmental and non-governmental levels.
Article 4
Heritage
Parties shall encourage direct cooperation between their museums, archives, libraries and their bodies responsible for the protection and conservation of historical monuments, including through:
(a) The exchange of experts in the areas of the protection and conservation of heritage, the management of documentation on heritage, the archival technique of museums, digitization and Rupestre art ― South African Heritage Resource Agency (SAHRA) on the South African side and the National Centre for Prehistory on the French side, focusing on the collections of artifacts in natural and cultural history;
(b) The participation of an experienced South African archivist in a short-term course organized in French by the National Archives of France and the participation of an experienced French archivist in a short-term internship organized in English by the National Archives of South Africa;
(c) Sharing information on heritage scanning and Internet access regulation policies;
(d) Parties study the project to exchange exhibitions during the duration of this program;
(e) The topics and details of the exhibition will be decided by mutual consultation;
(f) The parties establish a partnership to pay regular tribute to Dulcie September's memory. The parties gather Dulcie September's life in the form of a travelling exhibition to present it in South Africa and France.
Article 5
Visual arts
Parties continue their cooperation in the visual arts sectors and in particular:
(a) Training and skills development in the conservation and restoration of works of art;
(b) Exchange of exhibitions if necessary;
(c) Exchange of curators in exhibition development.
Article 6
Music
Parties promote exchanges in the field of performing arts, particularly music, including:
(a) Encouraging the exchange of musical ensembles among existing professional structures and festivals that both parties support;
(b) Exchange of technical experts in musical training, including technical training such as sound, light, scenography and musical production, within the framework of specific agreements to be concluded between appropriate professional institutions;
(c) Working together on topics related to the exchange of information and assistance for development policies in the areas of music incentives and tax perceptions;
(d) Encouraging joint investments in independent music production, helping a sustainable exchange of musical tours in jazz, opera and classical music between the two countries;
(e) By receiving two personalities in the fields of jazz, opera or classical music for a maximum of one week in each country;
(f) Exchange of independent music and other forms of music of mutual interest between their respective archives services;
(g) Encouraging training and strengthening skills in the musical industry, particularly in the fields of music composition, music scores for films, musical arrangements;
(h) Cooperating in the fields of conservation and restoration;
(i) By exchanging information and sharing their views on copyright regulation.
Article 7
Cinema
1. The parties cooperate in the field of cinema in:
(a) Encouraging joint investments in film productions;
(b) Facilitating the exchange of projects between professionals in the two countries (translation of scripts ― access to databases with contacts ―help with mailing) and receiving two film figures for a maximum week in each country;
(c) Facilitating the exchange of films: translation (subtitles) and mailings, to help films from one country to be screened, or even distributed in the other country and by exchanging documentaries and other films of common interest between the archives of the respective countries;
(d) Encouraging training and skills building – by organizing workshops for the exchange of expertise or joint expertise from both countries in the audiovisual industry;
(e) Collaborating in the field of the conservation, digitization and restoration of films;
(f) Organizing meetings (and pitching sessions) between producers and directors of the two countries carrying projects to be supported by the other party.
(g) Building a special programme of cooperation dedicated to the documentary;
(h) By building a special program of cooperation dedicated to animation film.
2.
(a) The meetings referred to in subsection 1(f) are held alternately in South Africa, with the arrival of a French delegation received in South Africa, and in France with a South African delegation received in France.
(b) These meetings are ideally organized during an important film event, for example in Cannes, France, or at the Durban International Film Festival in South Africa.
Article 8
Design
1. Parties encourage the development of training programmes and the access of designers to markets in both countries.
2. Parties may facilitate the participation of designers in international fairs and exhibitions organized by private operators in their respective countries, including through:
(a) The exchange of design experts on both sides to establish direct contacts, to participate in workshops and/or fairs or design exhibitions;
(b) Training courses and training courses for young designers in both countries and collaboration with the expertise of the design sector in the other country.
Article 9
Edition
1. In the field of the edition also, the parties encourage the translation of South African books into French and reciprocally in order to share their literary culture, as well as meetings of writers and publishers (to be organized in South Africa and France).
2. Parties share information on digitization regulatory policies to protect copyright.
Article 10
Clauses of the cooperation programme
The terms of this Programme do not in any way hinder the conclusion of other agreements or arrangements that the Parties deem desirable through diplomatic channels.
Article 11
Beneficiaries
1. The beneficiaries of this programme are appointed by the Party who sends them at least three months before the planned visit.
2. The contact details and identity of the selected people, as well as the specific requests for the program, are sent either by the French Embassy in Pretoria when it comes to French nationals or by the South African Embassy in Paris, when it comes to South African nationals.
Article 12
Financial provisions
1. The Parties agree that international travel, stamps and daily allowances for participation in the activities covered by this arrangement will be borne by the sending Party.
2. The costs of translation, accommodation, breakfast and local transportation are borne by the receiving Party.
3. On a basis of parity and reciprocity, the possible return invitation is organized at least one year after the first visit.
4. The organization of events in the field of music, dance or all shows is carried out through direct agreements between private partners, which define financial and other responsibilities between organizations and artists engaged in these activities. Grants are considered supplements.
5. Parties that receive are responsible for all medical expenses in the event of an emergency and the need for medical care throughout the visit.
Article 13
Settlement of disputes
Disputes between Parties arising from an interpretation or implementation of this program are resolved in amicably by consultation or negotiation between Parties.
Article 14
Amendment to the agreement
This programme may be amended by mutual consent of the Parties by exchange of notes between the Parties through diplomatic channels.
Article 15
Entry into force, duration and closure
1. This program takes effect on the date of signature below.
2. This program will remain in effect for a period of three (3) years after which it will be extended for an additional period if the Parties agree in writing until a new program is signed.
3. This agreement may be reported by either Party by producing a written note six (6) months previously by diplomatic means confirming its intention to complete this program.
As a witness to the fact that the undersigned, being duly mandated by their respective Governments, have signed and sealed this programme in two original copies, both in English and French, and both versions are equally authentic.
Done at Cannes, May 16, 2010.
For the Government
of the French Republic:
Frédéric Mitterrand,
Minister of Culture
and Communications
For the Government
of the Republic of South Africa:
Lulama Xingwana,
Minister of Arts
and Culture
Done in Paris, December 10, 2010.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of State,
Minister for Foreign Affairs
and European,
Michèle Alliot-Marie
