Azerbaijani society is typified at present by cultural diversity, and so all laws on culture are geared to satisfying a broad range of cultural requirements. Some laws are general (e.g. the new Law on Culture of 2012), others more specific (e.g. the laws on cinematography, town planning, museums and publishing). The Law on Culture spells out the principles and aims of the state policy, and lays down the duties of government and local authorities in this area. It guarantees the right of individuals to engage in creative activity, promotes international contacts and co-operation, prevents the state from monopolising culture, and covers preservation and development of the cultural identity and heritage of Azerbaijan and ethnic minorities, historically resident in its territory. It also provides measures to promote creativity and the activities of public agencies and organisations working in the cultural sphere. State interference is limited to prohibiting any material that is pornographic or which encourages violence, racial, national or religious intolerance, or drug addiction. These prohibitions are backed by effective legal sanctions. All other forms of state interference in cultural activity are prohibited. In whole, it should be underlined that in contrast to previous Law on Culture of 1998, which was a product of a transitional period for cultural governing of a new established post-soviet state, the new one is intended to legalise all trends and know-how’s of modern cultural policies and practices, such as art-management, cultural marketing, fundraising, producing, etc.
The development of legal guarantees for the arts and culture in the Republic of Azerbaijan includes complex improvement of national cultural policy legislation; enhancement of international conventions and bilateral agreements’ implementation mechanisms; and improvement of existing practice on cultural and authors’ rights protection.
Table 25: List of existing cultural legislation
# | Title of the law | Year of adoption |
---|---|---|
1 | Law on the re-introduction of Roman letters in the Azerbaijani alphabet | 25 December 1991 |
2 | Law on mass media | 21 July 1992 |
3 | Law on establishing a copyright agency in the Republic of Azerbaijan | 10 September 1993 |
4 | Law on the Industrial Union “Azerkinovideo” | 13 December 1993 |
5 | Law on authors’ and related rights | 5 June 1996 |
6 | Law on advertising | 3 October 1997 |
7 | Law on the protection of historic and cultural monuments | 10 April 1998 |
8 | Law on subsidies | 17 April 1998 |
9 | Law on freedom of information | 19 June 1998 |
10 | Law on the cinema | 3 July 1998 |
11 | Law on architecture | 3 July 1998 |
12 | Law on libraries | 29 December 1998 |
13 | Law on tourism | 4 June 1999 |
14 | Law on town-planning principles | 11 June 1999 |
15 | Law on the National Archives | 22 June 1999 |
16 | Law on mass media | 8 February 2000 |
17 | Law on museums | 24 March 2000 |
18 | Law on publishing | 30 May 2000 |
19 | Law on protection of folklore models | 16 May 2003 |
20 | Law on theatre activities | 29 December 2006 |
21 | Law on culture (new) | 21 December 2012 |
Source: Milli Medjlis (Parliament), 2015.
Table 26: List of international legal instruments
# | Title of act | Year of joining |
---|---|---|
1 | International Pact on Economic, Social and Cultural Rights from 1966 | 1992 |
2 | Convention on the Protection of Cultural Property in the Event of Armed Conflict and the Protocols | 1993 |
3 | Convention on the Protection of the World Cultural and Natural Heritage | 1993 |
4 | Convention on Cooperation of the States belonging to the Black Sea Region in the sphere of culture, education, science and information | 1995 |
5 | Convention on Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the European Region | 1996 |
6 | Universal Copyright Convention | 1997 |
7 | Convention on Prohibiting and Preventing the Illicit Import, Export and Transfer of Cultural Property | 1997 |
8 | European Cultural Convention | 1997 |
9 | Convention for the Protection of Literary and Artistic Works | 1998 |
10 | European Convention of 1992 for the Protection of Archaeological Heritage | 1999 |
11 | European Convention on Joint Film-Making | 1999 |
12 | UNIDRUA Convention on Stolen and Illegally Exported Cultural Objects | 2000 |
13 | Convention for Safeguarding the Intangible Cultural Heritage | 2006 |
14 | Convention for the Protection of the Architectural Heritage of Europe | 2008 |
15 | Convention on the Protection and Promotion of the Diversity of Cultural Expressions | 2010 |
Source: Milli Medjlis (Parliament), 2015.
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