1. Summary of Regional Report on Devt & Growth of Culture & Arts Sector Seminar on status of Culture & Arts Sector 22nd – 23rd October, 2015, Magelant Hotel – Accra, Ghana Gibriel Bah Bandirabeh Associates, The Gambia gibrielbah@gmail.com

2. Contents Importance of Culture & Creative Sector (CCS; Policy Framework Market Access; Intellectual Property; Organisation Structure; Trade Policy; Conclusions & Recommendations

3. Why is it important to develop CCS? Increased growth in demand for entertainment and wide range of creative products and services; Great interest by the youth – greatest potential for int’l competitiveness using technology & innovation; Foster linkages with the tourism product - promotes country and image; Employment for youths and women; Deepening of regional economic integration – networking opportunities for competitiveness & more export of cultural products;.

4. Policy Framework Strengths: Govts adopted the UNESCO Convention – “potential to contribute to cultural diversity facilitate more balanced trade in cultural goods, services and intellectual property”. Policies Formulated in line with Devt Goals: i.Ghana Shared Growth and Development Agenda (GSGDA 2010 – 2013), Cultural Policy, Creative Sector Medium Term Strategic Development Plan (CSMTSDP) ii.National Intellectual Property Policy and Strategy (NIPPS)

5. Policy Framework Cont’ Weaknesses: Knowledge and awareness of the importance of CCS very small amongst policy makers – initial country visits and assessment reports of this project highlights this problem - need for more sensitization by this project; CCS not considered a priority compared to other key sectors – agriculture and extractive industries Little financial and institutional support measures – e.g. Gambia 0.05 budget support and policy framework still in draft since 1980s).

6. Market Access Strengths: Continued engagement in WTO - but limited by Gov’t regulations & administrative barriers esp. in EU – why its important to negotiate well in EPA; Thru DDA ( Services Waiver) our Govts seek to remove MA barriers for LDCs – e.g. Gambia country assessment report to identify service supply barriers – registration; work permits; bank a/c; req. for training; w/h tax; no. of yrs of living in country; - many Dev. countries committed to support the Services Waiver;

7. Market Access Cont’ Problems: No specific commitments on temporary movement of persons (mode 4 ) to provide a service in the EU: With such commitments under an EPA, CCS will have better treatment – reducing discretionary powers of consuls; Visa problems: NCAC reported that in 2013, artists lost over US$25,000 to European Embassies just on non- refundable visa fees. Lack of domestic standards & regulations: i. Very easy for foreign CCS to sell their services in ECOWAS; ii. Loss of opportunity/employment & growth of CCS.

8. Intellectual Property High levels of copyright infringement and piracy of cultural products & creativity; Damages devt of CCS & minimizes revenues; Limits potential to create jobs and investments. Strengths: Copy right laws & regulations enacted by partner countries – e.g. Nigeria copy right Commission; National & Regional Collective Management organizations formed.

9. Intellectual Property Cont’ Weaknesses: Lack of enforcement capacity & corruption; Limited will & priority from all stakeholders incl. Govts. Limited resources & capacity affects devt of CMOs; Opportunity: More sensitization and moral persuasion; Capacity building support thru EPA negotiations.

10. Organisation Strengths: BSOs provide support to form into organizations & to attend cultural events/programs; Small administrative & financial assistance; Devt of strategic plans & periodic capacity building training.

11. Organisation Cont’ Weaknesses: Little knowledge of trade opportunities: i. WTO, regional & bilateral trade agreements; ii. External market conditions & how to access such MA opportunities; Limited/lack of involvement of CCS stakeholders in trade negotiations; Reluctance to embrace change esp. opportunities in ICT innovations;

12. Organisation Cont’ Lack of proper registration & harmonised accreditation of CCS professionals results in: i. visa application problems; ii. Loss of MA opportunities; Poor or expensive ICT infrastructure and platforms; No strong and dedicated BSOs to support organisation: conduct market research ; devt. standards & regulations; marketing & branding; networking & cooperation. There are no national or regional CSI in ECOWAS

13. Trade Policy Formulated trade policy but inconsistent with other sector & fiscal policies: i. Prohibitive tariffs & other duties & charges (ODC) on imported inputs by CCS professionals; ii. Tax - W/holding tax on small service providers; iii. Limited finance for creative projects & no debt finance from commercial banks. Limited/lack of involvement of CCS stakeholders in trade negotiations.

14. Conclusions Challenges are many & impact negatively on the growth and devt of the CCS; Stifles the potentials for job creation and poverty reduction for CCS in the region. Sporadic policies & interventions by Govts & partners - not usually coordinated & supported by financial; fiscal incentives & infrastructure; There is significant potential for growth of CCS esp. among youth & women using new technologies.

15. Conclusions Cont’ Policy makers & development partners are trying to support CCS w/o addressing the core challenges; The Needs Assessment conducted by CeCASt (KNUST) & partners is a first important step; The assessment must be shared with national & regional policy makers; development partners & the CCS professionals;

16. Recommendations Sensitise & train CCS professionals & policy makers about trade policy issues; Address the challenges associated with IP thru sensitization and moral persuasion; Develop follow-up projects to help organise the sector & business environment thru CSI; Review trade policy to remove fiscal barriers & find innovative ways for access to finance.

17. Recommendations Cont’ With regard to EPA: CeCASt and partners work closely with Ministries of Trade & ECOWAS DOT to prepare for EPA services negotiations ; Ensure specific provisions on MA are incorporated under Mode 4 (for temporary stay) as ‘contractual service suppliers’ in the 27 member countries; Ensure that a Cultural Cooperation Protocol/Agreement is negotiated with the EU; Conduct an analysis of domestic needs & assessment of the implications of an EPA to CCS.

18. Recommendations Cont’ Introduce and implement laws enhancing business activity on the internet and electronic media: i. Electronic Transactions Act; Data Protection Act; Computer Misuse Act. ii. Provide the legal and regulatory framework for online businesses. iii. ECOWAS Commission to assist partners develop such laws through a regional project; iv. Support the est. & growth of national & regional CMOs.

19. Thank you!