Know the contents of the Draft Cultural Law in Chavez´Venezuela. Soon begin the concerted attacks by the useful idiots


By: AN / Submitted by: Mary T. García-Cultural Colectivo Pueblo Soberano

Note: Translation by google-robot Publication Date: 11/08/09

DRAFT LAW ON ORGANIZATIONAL CULTURE
Caracas, May 27, 2009
DRAFT LAW ON ORGANIZATIONAL CULTURE BY THE SUB-CULTURE TO THE STANDING COMMITTEE ON EDUCATION, CULTURE, SPORT AND RECREATION
EXPLANATORY MEMORANDUM
Law a tool for developing culture of the constitutional mandate.
The Constitution of the Bolivarian Republic of Venezuela establishes the State’s duty to promote, develop, transmit and promote the historical, ethical and aesthetic values of the culture as a social bond of citizenship, especially the values that identify us as a people that respects the life and freedom-loving, organized in a democratic State of law and justice, aimed primarily at ensuring the dignity of man, the supremacy of their rights and peaceful coexistence.
Aiming to recreate the Republic, as a primary culture is transforming force. For this in the preamble of our Constitution states “… a state of justice, federal and decentralized, which embodies the values of freedom, independence, peace, solidarity, common good, territorial integrity, peaceful coexistence and the rule of law for this and future generations, ensuring the right to life, work, culture, to education, social justice and equality without discrimination or subordination of any kind … “is therefore a constitutional mandate to develop these principles. In this same sense of Article 99 says that “the values of culture are an inalienable right of the Venezuelan people and a fundamental right that the State shall encourage and trying conditions, legal instruments, facilities and budgets needed …” To meet this fundamental right to build a more equitable, compassionate, prosperous and just and on the basis of promotion, promotion, encouragement, support and organization of our people, the state is the duty of designing policies for democratization and mass ? of culture.
The Organic Law on Culture takes the design as cultural orientation established by the Constitution of the Bolivarian Republic of Venezuela, seeking to develop and translate into specific, through its chapters and its articles over the spirit, purpose and rationale of our Charter Magna.

Bearing in mind that the Venezuelan culture is part of a process prior to the arrival of Europeans to this land then we must recognize the aboriginal culture of our ancestors as a legacy. This gives a fair value the diversity that has never been recognized by many cultures that have tried to replace the values, world views, languages, traditions, myths and customs, by role models, scientific, technical, economic and political, to control and impose its hegemony. We know that the process of conquest and colonization was so compulsive and violent causing genocide, destroying part of the ancient cultures that exist in these lands. The State must ensure, to consider, protect and promote indigenous culture and heritage of our national identity.
We must also acknowledge the presence of African cultures that came together to indigenous peoples, as a result of the process of European conquest and colonization of our land since the end of the fifteenth century. Therefore we say that miscegenation and cultural diversity is the result of a common history in our Latin America and the Caribbean.
For the purposes of this Law, Culture in Venezuela is multiethnic, multicultural, intercultural dynamics, and Latin American and Caribbean indissociably and behavioral manifestations of human beings in their capacity to create, invent, convey, express, preserve and conserve their values and characteristics as they assume, appreciate, and transform their reality: beliefs, symbols, signs, myths, customs, traditions, languages, organization, relationships and social practices that result from the union between various socio-Aboriginal African, European and Asians, was a new and different nation-people that make up a new human race, with its own identity.
To safeguard the cultural heritage of the nation, the State shall establish special cultural areas in order to protect and preserve the identity of Venezuela and the Venezuelans, in exercise of our sovereignty.
Framework Law and Special Laws This Act is a culture that has an organizational nature, which is based on Article 203 constitutional because it is a law that develops the fundamental principles of our Constitution, as well as the regulatory framework of other ordinary and special. Thus, the drafting of special laws must conform to the guidelines established in the Organic Law of Culture in for each specific area, developing and establishing their uniqueness and logically applied to the light of the rules of this law.
The organic law of culture is hierarchically superior to the rest of the laws governing the cultural management and is intended as a framework law and program, as it is a law that is among the Constitution and the laws that systematize the various rules, principles and guarantees relating to culture, in turn, sets the political agenda, ethical, social, institutional, to be developed this matter.
Cultural funding.
Culture, and human right, public policy requires constant work in translated in each of the states, municipalities, parishes and communities in the country, and adequate funding for cultural programs that include equipment, assistance and guidance to different bodies and groups to develop training, research, evaluation and performance at work or cultural processes in each region, ensuring the sustainability of plans and programs in the cultural context of the principles and standards set forth in this Law .
State’s priority is to develop distinct cultures as constituting the Venezuelan variety of events, such as sustainable, so it should be given an annual budget in line with the socio-cultural demands, a progressive investment of the gross domestic product, aimed at consolidating the necessary financial resources for cultural development of the Nation.
The governing body with jurisdiction over culture and the responsibility with other state agencies and other social subjects, to promote, protect and promote the development of economic potential and the socio-cultural crafts and other activities popular in the nation in order to preserve its authenticity and to meet social needs in the new socialist ethics. For this purpose, the authority should design and implement a program of care for the craftsman and folk artist who understands the training, research, credit facilities, the promotion and dissemination of works, quality improvement, technology support and social security, under the special law governing the matter.

Structure of the Law
Chapter I
General Provisions
This chapter consists of 17 articles, among which is the objective of the Act, which is viewed as northern and promote the importance of ensuring the exercise of the powers of creative people for the preeminence of the humanistic values of the culture as a fundamental human right. On the other hand, are the guiding principles that form the philosophical lines that will guide each of the articles in the law under the Constitution of the Bolivarian Republic of Venezuela, such as: freedom, social justice, humanism, sovereignty, nonintervention, self-determination, democracy, equality without discrimination or subordination of any kind, Pluralism, Participation, Intercultural, Diversity, full development of personality, recognition of the traditions, autonomy, dignity, integrity, respect for ethical values and Morales, Solidarity, Search for the Consolidation of Latin American and Caribbean Union, the Free Creation, Human Rights and Social Peace. It is of fundamental interest that the State responsibility with other social subjects, cree, plan, execute, evaluate and disclosure policies that contribute to the achievement of the content of the object of the Act, therefore the state must guarantee the necessary investment and the conditions for full creative development of the Venezuelan people.
Chapter II
Of the cultures that make up the Venezuelan identity
It is the responsibility of the State defense, protection and preservation of cultural identity of indigenous peoples and Afro-descendants, as constitutive expression of the Venezuelan and memory and historical legacy of our people.
Chapter III
Cultural Diversity
It is the responsibility of the State to encourage the appreciation, protection and promotion of cultural diversity, must also be given urgent action to protect linguistic diversity, as they are expressed through her community identities, local and regional feeds on a rich variety and originality cultural mosaic.
Chapter IV
Cultural Heritage
Is in the public interest to declare the Cultural Heritage of the Nation, for which the State should implement policies aimed at the investigation, identification, inventory, conservation, restoration, preservation, dissemination, repatriation, and social protection against the commercial interests that continually threaten its existence. I n view of the right of everyone to access to cultural property, the State through the competition authorities, may declare the artistic work of a creator or creative Venezuelan Venezuelan Cultural Patrimony of the Nation, which leads to can be disseminated to massive collective knowledge, providing the incentives that apply.
Chapter V
Governing Body and Planning Authority
The National System of Culture is the structure that governed the management culture which is expressed in the symbiotic state-Pueblo, as to the responsibility of the state through its institutions and with the active participation of the people, design, formulate, implement and evaluate public policies relating to culture. On the other hand, emphasizes the responsibility of the Commune Councils, as well as other organizations of the society for the Social.
Chapter VI
Cultural Management of the Public
It develops all aspects of the government on culture and the provisions which govern, among them: the public resources invested in the culture have for all legal purposes, the nature of public social investment. This investment will priority areas: education, research, promotion, preservation and dissemination of various manifestations and expressions of the Venezuelan culture, Latin American, Caribbean and worldwide. Additionally, the State must have media that are dedicated to the creation and transmission of cultural content, while retaining the principles of law and the duty of the private media to disseminate cultural values and contributions of the creators and creative Venezuelan Venezuelans.
Chapter VII
Stimulating activity in culture
It is the duty of the State to allocate sufficient financial resources for cultural development of the country, and the design of economic policies designed to favor the promotion, production, distribution, marketing and consumption of national cultural property, which is creating a special financing fund, for the social and cultural training and development of human talent.

Chapter VIII
Of social security of workers and cultural workers
Understanding the situation of exclusion that was submitted to our people, and if all the creative and cultural creators, who do not have the minimum resources for survival, ended in abandonment, poverty and marginalized in society it is therefore the rule of law and justice, committed to providing protection, security to all the Venezuelan people, created the Fund for Social Welfare of the creators and designers, workers, artisans, farmers and farmers , to be included as beneficiaries and beneficiaries of policies and programs the state provides in this area.
Chapter IX
Protection of the Rights of the Author and the Author of individual and collective
The Constitution of the Bolivarian Republic of Venezuela establishes the right to the intellectual property of authors and authors in their works, which is why this Act is to be individual and collective right, for which the State is the ensure compliance with these provisions
Chapter X
Special Cultural Zone
Areas will be mandatory special cultural protection and preservation by the State as a cultural heritage of regional towns, under criteria established by C ONSTITUTION of the Bolivarian Republic of Venezuela.

Chapter XI
Of Defense, encouragement and promotion of handicrafts
T he State shall protect, foster, promote, preserve and protect the craft as Venezuelan fundamental element of the cultural heritage of the nation.
Chapter XII
Transitory Provisions
It urges the National Executive so that from the enactment of this Act are enacted regulations that will complement and develop.

Chapter XIII
Final Provisions
First specifies that sanctions would lead to a breach of the provisions of this Act, adopt special legislation.
Second moment arises in the development of a special law to regulate regarding the incentives and encouragement to all those who promote and support activities related to culture.
Thirdly: The National Executive must urgently develop a regulation regarding the manifestations and expressions of culture and language in tangible and intangible extinction danger or damage reversible.
Fourth: The Special Act regulates matters relating to the Cultural Zones
Fifth: This Law shall come into force with its publication in the Official Gazette of the Bolivarian Republic of Venezuela.

DRAFT LAW ON ORGANIZATIONAL CULTURE
Chapter I
General Provisions
Purpose of Act
Article 1. This law aims to develop guiding principles, rights and interests in cultural matters, the Constitution of the Bolivarian Republic of Venezuela, promote and guarantee the exercise of the creative power of the Venezuelan people for the preeminence of the values of culture as a fundamental human right, indispensable and universal legacy well, recognizing the diversity and multiculturalism under the principle of equality of cultures and national identity.

Scope
Article 2. This law governed the natural and legal persons, public or private institutions of the People’s Councils, Commune Councils, organizations, groups, guilds, societies and other social sectors in the cultural activities of the Bolivarian Republic of Venezuela.
National identity
Article 3. For the purposes of this Act, the Venezuelan culture is multiethnic, multicultural, intercultural oriented, dynamic and inextricably Latin America and the Caribbean, is every expression of creativity, invention, preservation, conservation and expression of human beings, according of individual and collective welfare, social and historical knowledge of product development.
The equality of cultures
Article 4. It is the duty of the state and individuals promoting intercultural dialogue and dissemination, to this end, all the cultures that constitute the national identity will be specially protected and promoted, recognized and respected interculturality under the principle of equality of cultures.
Guiding Principles
Article 5. Cultural policies should be guided by the following principles: multi-ethnicity, diversity, multiculturalism, multilingualism and multiculturalism within a framework of freedom, democracy, humanism, social justice, solidarity, sovereignty, participation, recognition of the traditions of autonomy public cultural administration, dignity, integrity, respect for human rights, ethical and moral values, and consolidation of Latin American and Caribbean unity based on the thinking of the Liberator Simón Bolívar.
Law Enforcement
Article 6. The bodies and organs of the national government, state, municipal and community, in close connection and participation of social subjects, grassroots organizations, Councils of People’s Power, family, school, socio-cultural makers ensure compliance with this law.
Defense of Values
Article 7. State responsibility with other social subjects, grassroots organizations, People’s Councils, school, family, community and cultural makers should promote, strengthen and protect the knowledge, understanding of ethical and aesthetic values that shape Venezuelan culture.
Culture as Public Interest
Article 8. We believe the public interest of upholding the cultural values of the Venezuelan people, its cultural heritage, identity and sovereignty, recognizing his creative relationship with Latin American culture, Caribbean and worldwide. Declare his study areas, protection and disclosure .
Cultural Rights
Article 9. Every citizen in Venezuela, has the inalienable right to full development of their intellectual abilities, political and creative, production and dissemination of the work humanistic, scientific and technological access to information, goods and services . The State has an obligation to provide appropriate means for exercising these rights, under the principle of inclusion, democracy and social justice.
Culture at the heart of sustainable development
Article 10. The state in subjects with social responsibility, grassroots organizations, People’s Councils, school, family and socio-cultural makers must create, plan and implement the policies necessary to achieve the maximum development and creative Venezuela and the Venezuelans.

Importance of Culture for the Development of the Nation
Article 11. The State must include as a priority and a strategic culture in the development plans of the Bolivarian Republic of Venezuela.
Official use of Castilian and Indigenous Languages
Article 12. It is a priority to strengthen the culture, the State along with the family, school, you socio-cultural, social subjects, grassroots organizations, People’s Councils, promote the teaching of indigenous languages and Castilian, to ensure its official use as the cultural heritage of the nation and humanity, and their application to cultural expressions, to the lifestyles and activities of the Venezuelan and Venezuelans.
Investment Priority
Article 13. The State in the exercise of its functions will invest as a priority and ensure the necessary financial and logistic resources for the development of folk cultures, to ensure compliance with the requirements established by law.
Promotion of publications
Article 14. The State shall guarantee and ensure the necessary resources for the purpose of developing a publications policy of the creative work, scientific, technological and humanistic in the country or any other nation to contribute to the strengthening of national cultural heritage, Latin American, Caribbean and universal priority in the Castilian language and indigenous
The promotion of various cultural events
Article 15. The diversity of cultural expressions and manifestations of the Venezuelan people and foreign citizens living in the country must be respected on an equal footing, encourage national and international development subject to the guiding principles in this Law
Popular cultures of the Venezuelan Constituent
Article 16. The State shall protect and promote the development of the popular cultures of the Venezuelan Constituent through the plans for cultural development through projects, programs and initiatives to enhance the creative capacity of the creative and critical, creative, hardworking and cultural workers .
Culture and Education
Article 17. Education and training process and the axis of the culture, to ensure the teaching and learning of values and national cultural events, Latin American, Caribbean and universal.
The teaching-learning process in the Venezuelan education system, will be coordinated as part of culture, according to the following guidelines:
1. The governing body with competence in cultural matters with the governing bodies in education, implement training programs in Aboriginal history, colonial, republican, local, regional and national context in Venezuela, Latin American, Andean, Caribbean, Amazon, and Ibero-American world. Also in geography, education, aesthetics, music, dance, film, TV, photography, literature, song, drama, visual arts, crafts, cuisine and other cultural expressions in order to enhance and enrich the values of identity as one of the ways to strengthen self-determination and national sovereignty.

2. The governing body with jurisdiction in the cultural and educational bodies, should develop networks of school libraries, study circles and other initiatives aimed at promoting knowledge and practice of the performing arts, visual, auditory and other areas representing the national culture.
3. The governing body with jurisdiction in the cultural and educational bodies to create, design and deliver training programs aimed at educators, in order to consolidate the objectives of this Act

4. The governing body with jurisdiction in the cultural and educational bodies to create, design and develop tools, programs and educational resources for teacher training in cultural matters.

5. Be incorporated into educational games and other children’s own traditional cultures, national, Latin American and Caribbean, as tools for training, with special emphasis on the traditional including culture, science, technology, defense of the ecosystem , preservation of environment and ethnoscience of the peoples of the world ¡?.

6. The State guarantees free access of children and adolescents, the elderly and the elderly to public goods and services and promote their participation in cultural activities.

7. Textbooks and other sources of educational documentation must include the cultural values of national identity, Latin American, Caribbean and universal basis of the principles contained in this Act

Chapter II
Of the cultures that make up the Venezuelan identity
Defense of cultural identities
Article 18. The governing body with competence in cultural matters, with the participation of grassroots organizations, People’s Councils and the social sectors, expressed in Article 2 of this Act, have the duty to protect, preserve, protect and ensure the cultural identities of indigenous peoples, Afro-descendants and other community identities, local and regional?
Inviolability of cultural identity
Article 19. Indigenous peoples, African descendants and other community identities and local residents were not subject to unilateral action by individuals, groups and institutions. The State must ensure that they are not changed or weakened from outside their cultural identities, ways of life, socio-economic organizations and forms of use of housing, environment, their languages, speeches and other historical consolidated.
Political-social organizations, self –
Article 20. The State, through the organs and entities with expertise in cultural matters should support and encourage the creation of political and social self-organizations of indigenous peoples, Afro-descendants and other local community and regional identities so that they can take to protect their cultures, habitats, environment, language, languages, crafts, dance, music, games, traditional medicine, home, mythical-religious beliefs, oral and written literature, cuisine and other traditional events.
Information and consultation with the communities
Article 21. In accordance with the Constitution of the Bolivarian Republic of Venezuela, in order to preserve the cultural integrity of indigenous peoples, African descendants and other community identities, local and regional authorities, any use of natural resources, projects and sustainable development activities in the habitat and environment will be subject to information, consultation and prior approval of the respective communities and the granting of authorizations by the competent authorities.
Chapter III
Cultural Diversity
The duty of the state toward Diversity Culture and national identity
Article 22. Cultural diversity as an essential feature of Venezuelan society, enhances the skills and values in excess of our citizens as well as strengthening national identity, becoming an irreplaceable principle for sustainable development of the country for the benefit of generations present and future. The State shall promote the appreciation, protection and promotion of the diversity of cultural expressions constituting the Venezuelan because they are community identities, local and regional nurture originality and diversity in a rich cultural mosaic.
The equality of cultures
Article 23. Under the principle of equality of cultures, the State must establish and promote policies based on multiculturalism programs, plans and institutional projects that promote civic awareness, intercultural dialogue and generates shared cultural expressions from the presence, vitality , mutual respect and equitable interaction of diverse cultures present in the country.
Priorities for state action
Article 24. The State must address the circumstances and needs of indigenous peoples, cultures constitute the Venezuelan traditionally discriminated groups, farmers, farmers and others involved in the creative process. Particularly urgent measures should be provided to protect linguistic diversity and expressions of traditional cultural diversity at risk of extinction, or under serious threat of erosion.

Chapter IV

Cultural Heritage Cultural Heritage

Public Interest Public Interest Cultural Heritage Cultural Heritage

Article 25. Public interest is declared cultural heritage of the Nation. Article 25. Public interest was the cultural heritage of the Nation. The State shall guarantee access to all our citizens, Venezuelans, aliens and foreigners, without discrimination. The State shall guarantee access to all our citizens, Venezuelans, aliens and foreigners, without discrimination.

State Policies State Policies
Article 26. State public policies relating to the Cultural Heritage of the Nation have as main objective the investigation, identification, inventory, conservation, restoration, preservation, dissemination, repatriation, and social protection against the business interests that threaten their continued existence. Article 26. The public policy of the State relating to the Cultural Heritage of the Nation have as main objective the investigation, identification, inventory, conservation, restoration, preservation, dissemination, repatriation, and social protection against the business interests that threaten their continued existence.

Repatriation of cultural heritage Repatriation of cultural heritage

Article 27. The National Executive will implement the policy of returning property and assets of the nation who, for whatever reason are placed outside the national territory. Article 27. The National Executive will implement the policy of returning property and assets of the nation who, for whatever reason are placed outside the national territory.

Chapter IV
Cultural Heritage
Public Interest Cultural Heritage
Article 25. Public interest was the cultural heritage of the Nation. The State shall guarantee access to all our citizens, Venezuelans, aliens and foreigners, without discrimination.
State Policies
Article 26. The public policy of the State relating to the Cultural Heritage of the Nation have as main objective the investigation, identification, inventory, conservation, restoration, preservation, dissemination, repatriation, and social protection against the business interests that threaten their continued existence .
Repatriation of cultural heritage
Article 27. The National Executive will implement the policy of returning property and assets of the nation who, for whatever reason are placed outside the national territory.
Of artistic work and the National Heritage
Article 28. The State, through the body and the governing bodies of Culture, may declare the artistic work of a creator or creator Venezuelan Cultural Patrimony of the Nation, according to importance and recognition of their collective work. The State shall have the power and commitment to massively disseminate knowledge of the community, with special incentives that would lead to this distinction, without prejudice to the application of copyright that apply. Is an inherent right of the Venezuelan people, the free enjoyment of the valuable work in question, therefore, any obstacle to the spread of a creator or creator declared Venezuelan cultural patrimony of the nation shall be punished by the laws governing this area.

Of artistic work and the work of Artistic Heritage and the National Heritage

Article 28. The State, through the body and the governing bodies of Culture, may declare the artistic work of a creator or creator Venezuelan Cultural Patrimony of the Nation, according to importance and recognition of their collective work. Article 28. The State, through the body and the governing bodies of Culture, may declare the artistic work of a creator or creator Venezuelan Cultural Patrimony of the Nation, according to importance and recognition of their collective work. The State shall have the power and commitment to massively disseminate knowledge of the community, with special incentives that would lead to this distinction, without prejudice to the application of copyright that apply. The State shall have the power and commitment to massively disseminate knowledge of the community, with special incentives that would lead to this distinction, without prejudice to the application of copyright that apply. Is an inherent right of the Venezuelan people, the free enjoyment of the valuable work in question, therefore, any obstacle to the spread of a creator or creator declared Venezuelan cultural patrimony of the nation shall be punished by the laws governing this area. Is an inherent right of the Venezuelan people, the free enjoyment of the valuable work in question, therefore, any obstacle to the spread of a creator or creator declared Venezuelan cultural patrimony of the nation shall be punished by the laws governing this area.

Living Heritage
Article 29. Means living cultural heritage for all citizens, community and artistic personality that constitutes a fundamental part of the country’s historical memory, understood as depositories and custodians of knowledge and social subjects popular representative and representative of the Venezuelan identity.

Article 30. Indigenous peoples are considered as a whole, located in Venezuela, as well as their language and ancestral heritage as living cultural heritage, recognizing them as an essential part of the country’s cultural inheritance and humanity.

Responsibility Responsibility

Article 31. The governing body with competence in cultural matters with the active participation of the family school, makers socio-cultural, social subjects, grassroots organizations and Councils of People’s Power, is responsible for the identification, preservation, rehabilitation, protection Cultural Heritage and consolidation of the Bolivarian Republic of Venezuela.

The states and municipalities must have a service of conservation, protection and defense of the cultural heritage within the state and local territorial scope of its jurisdiction and assist in protecting the cultural heritage of the Nation.

Chapter V
Governing Body and Planning Bodies

Stewardship of cultural management
Article 32. The National Executive, through the governing body with jurisdiction in matters of culture, with the participation of social subjects, grassroots organizations and Councils of People’s Power, exercise stewardship of cultural management and will be responsible for the creation, design, formulation, implementation, evaluation and control of public cultural policies.

Integration of public cultural management
Article 33. The governing body with competence in cultural matters Article 33. The governing body with jurisdiction in the cultural must define and implement policies designed to integrate cultural management in the areas of public life, science, technology, education, tourism and social economy and community. must define and implement policies designed to integrate cultural management in the areas of public life, science, technology, education, tourism and social economy and community.

Planning bodies and coordination Planning and coordinating bodies
Article 34. Planning bodies and coordination of policies and actions in the cultural, national, regional, state, municipal, local and other forms of integration, will be coordinated by the governing body with the participation of social subjects and advice Poder Popular, in cultural matters. Such a planner and coordinator will be to create, design, development, and evaluation of cultural policies of the Bolivarian Republic of Venezuela.

National culture
Article 35. The governing body with competence in cultural matters, with the participation of social subjects, and grassroots organizations of the People’s Councils, you must create the foundation for building the organizational and administrative culture in the country, under the principle autonomy under the Constitution of the Bolivarian Republic of Venezuela.

Social Monitoring
Article 36. Communal Councils as well as other forms of grassroots organizations in fully exercising their functions, will be responsible for the controller, without other limitations than those established by law and the Constitution of the Bolivarian Republic of Venezuela.

Chapter VI Chapter VI
Cultural Management of the Public
Cultural Public Administration
Article 37. Public Administration in the field of culture is governed by the following provisions:

Public resources invested in the culture have for all legal purposes, the nature of public social investment.
The financial resources provided by government through the annual budget will be used primarily for training, research, promotion, preservation and dissemination of various manifestations and expressions of the Venezuelan culture, Latin American, Caribbean and worldwide.
Should be required to create economic incentives for the encouragement and promotion of cultural activities, individual, collective and institutional levels, in all its diversity and intercultural articulation.
The restructuring plans, urban, rural, regional, local as well as new development projects approved after the effective date of this Act, shall incorporate the necessary infrastructure for the development of artistic and cultural activities that meet the requirements of community.
Public institutions must provide the workers’ infrastructure and adequate logistical support for carrying out its activities with a minimum frequency of weekly hours agreed.
Private cultural institutions that receive funding from the Venezuelan State, should be held accountable for these resources to the competent body to the State as well as the Communal Councils by the Comptroller of communities.
Cultural institutions and public authorities of the State, are the duty to provide space and facilities at no cost, to other organs and entities of the state, in coordination with the competent authorities, to promote and develop cultural policies educational and technological resources of the nation.
Private institutions that receive funding from the Venezuelan government, for the dissemination and promotion of culture are required to create and provide space in their facilities to the farmers and popular farmers, and communities to carry out their activities.
Encourage and promote international cultural cooperation by the conclusion and implementation of bilateral and multilateral agreements with foreign states and organizations and educational.

The State must guarantee the financial resources to safeguard the special cultures, languages and cultural creations in clear state of impairment and vulnerability.

Promotion, cultural studies and research

Article 38. The State should develop and promote, with the participation of social subjects, the grassroots organizations and Councils of People’s Power, the investigation of cultural processes in the following areas:

The methodologies and research techniques that help to enrich the cultural endogenous.
Local history and biography of the community, national identity, heritage, traditions and cultural expressions generated in the country, Latin America, the Caribbean and the world.
Sociocultural transformation and consolidation.
Recovery projects, preservation and projection of popular knowledge, understood as cultural expressions Recovery projects, preservation and projection of popular knowledge, understood as cultural expressions
Of cultural programming for the public

Article 39. In order to ensure the dissemination of culture and education in the Constitution and the law that regulates the field of communication, forms of cooperation of the media is governed by the following guidelines:

1. The State shall have means of social communication and information dedicated to the creation and transmission of cultural content: Latin American, Caribbean and universal pre-eminence of cultural bodies.

2. Authors, authors, designers, creators, producers of educational, recreational, musical, children’s telenovelas, movies, videos and other new technologies will seek to articulate the contents of them to places, times and Expressions of Culture in Venezuela universal, Latin America and Caribbean

3. The Venezuelan State, as custodian of the quality of education of children and youth, a guarantor of public peace, must be eradicated so that the elements of war and pornography of interactive games, video games and other technologies, whether violence, physical assault, misuse of firearms and other actions that undermine the integrity and dignity of human beings and their habitat.

4. The Venezuelan State, through the governing body of the culture to perform actions for the dignity and integrity of the Venezuelans with programming to transmit the media with features and information contained in paragraph 3 of this article.

5 .- The Venezuelan state, through the governing body of culture, with the participation of the responsible authorities of the State, the grassroots organizations and Councils of People’s Power, exercise monitoring and control products and audio-visual interactive programming broadcast media and information, according to the Constitution of the Bolivarian Republic of Venezuela and the law governing the matter.

Duty of the media
Article 40. The media and public and private spaces will provide adequate time available to the public, a daily schedule, in accordance with the law governing the matter, for the issuance, receipt and flow of national cultural information, throughout their deployment multicultural, intercultural and multilingual, and in particular the values of the traditions that constitute the Venezuelan and the work of artists, writers, composers, filmmakers, scientists, scientific and other creative artists and creators in the country.

The print media also devoted space similar in their editions, to this purpose.

Promotion and dissemination of Venezuelan culture
Article 41. The State, through the governing body of the culture with the participation of social subjects, and grassroots organizations of the People’s Councils must design and implement an annual cultural policies aimed at promoting consistency and dissemination of the various cultural events in Venezuela the country and abroad.

Chapter VII

The Promotion of Social Cultural Economy

Support for social cultural activity

Article 42. The State shall promote, protect and support individuals and corporations to develop the economic activities of the social culture, according to the guiding principles of this Act, without detriment to the quality of social and national identity.

Respect to the trajectory of the artist

Article 4 3.Bajo any circumstances, be reduced labor and economic status of the artist as opposed to foreign artist invited to functions of the same nature. The Venezuelan State, through the governing body of the Culture, ensure respect and equality in accordance with training, quality and trajectory of the artist, representing the governing body with the assistance and participation of artists and performers, the regulation in this area

Encouraging creative capacities

Article 44. The State through the body with competence in culture must encourage and foster the necessary resources and allocate sufficient to create the conditions within which the creative capacities of the people, encouraging dialogue, sharing, participation, freedom of thought, dignity human, pluralism, diversity and multiculturalism.

Tax policy

Article 45. The State to encourage, promote, protect and defend the development of the social culture through the following actions.

The design of economic policies designed to favor the production, distribution, marketing and consumption of national cultural property under constitutional principles of the Bolivarian Republic of Venezuela.
The implementation of fiscal and tax policies aimed at stimulating public and private investment in the production of goods, services and cultural activities under the provisions of the Organic Code of Taxation, the special laws governing the matter and the direction of the authority tax administration.
The creation of special funds for financing the provision of public and private sectors, for the social and cultural training and development of human talent.

Tax exemption for cultural activities

Article 46. The National Executive heard the opinion of the authority to tax, exempt tax, which causes the import of cultural objects and works for the cultural heritage of the nation with the sole aim to promote, disseminate, support and develop the creation and research.

Exemption orders to be issued in pursuance of this policy should indicate the conditions, terms, conditions and controls required to achieve the goals of fiscal policy pursued at the sectoral level.

Chapter VIII

Social Security workers and cultural workers

Social protection of workers and employees of the Culture

Article 47. The State must ensure the social protection of creators, designers, artisans, craftsmen, farmers, farmers and artists, through the Social Security System, and should be included as beneficiaries and beneficiaries of policies, programs and other rights referred to ensure efficient and timely assistance to safeguard their welfare, according to the law governing the matter.

Social
Article 48. Establishing the Provident Fund and Social Protection of working women and men, transmitters and transmitters of cultural heritage groups, attached to the body in culture, with its own assets without legal personality. This fund aims to provide social security to the creators, designers, artisans, craftsmen, farmers, farmers and artists.

The State should design, implement and evaluate policies on social, economic and financial in order to constitute their heritage. A special law shall regulate the functioning and powers.

Grants and Loans

Article 49. The State, through the governing body with jurisdiction in matters of culture, create and update a national database of artists and artists in various areas of cultural activity. To that end, and after an economic analysis will facilitate the granting of subsidies, credits and economic incentives of various kinds to enhance the capabilities of creative designers, artisans, craftsmen, farmers and farmers, transmitters and transmitter collective cultural heritage, contributing with the cultural enrichment of the country.

Permanent incentive programs

Article 50. The State must establish programs to creators and designers, researchers and cultural researchers, farmers and farmers, artisans and craftsmen transmitters and transmitters of cultural heritage such as: scholarships, employment, annual prizes, awards, competitions, festivals, workshops artistic training and other benefits.

Chapter IX
Protection of the Rights of the Author and the Author of individual and collective
Guarantee of individual and collective rights
Article 51. The State shall recognize and guarantee the individual and collective right of the intellectual authors on their literary, artistic and scientific as well as other rights, guarantees and duties under the Constitution of the Bolivarian Republic of Venezuela.

Service Register

Article 52. The State must ensure the organization and servicing special registers which seek to perpetuate the historical memory of the nation, and give legal certainty to the existence of a work, a collective wisdom, according to the laws governing the matter.

Chapter X
Special Cultural Zone

Establishment of Special Cultural Zone

Article 53. The state with the active and leading role of the communities involved may establish special cultural areas in order to preserve the cultural heritage of a town whose geographic conditions, lifestyles of the people, cosmology, customs, habits, creativity, knowledge and learning, socioeconomic and political organization is the local cultural heritage of significant contribution to the national and universal culture.

The zones can be created with special cultural partnership approach between localities to strengthen the human-social interaction and community in recognizing diversity, multiculturalism and national unity of praxis.

Cultural Special Protection Areas

Article 54. The National Executive with the responsible participation of social actors, expressed in Article 2 of this Act, organizations and Councils of People’s Power, must protect and defend the cultural areas are particularly vulnerable, as integral spaces that are not penetrated by practices hegemonistic affecting historical memory and thus sow the cultural uprooting to curtail and destroy elements of their identity, lifestyle and local culture.

Chapter XI Chapter
Of Defense, promotion, promotion of Crafts and Folk Art Venezuelan

Defense of Popular Arts and Crafts Venezuelan

Article: 55. To comply with the provisions of the Constitution of the Bolivarian Republic of Venezuela in order to protect the craft as a fundamental element of the cultural heritage of the nation, establishing the Institute of the artisan and craft heritage and personality own legal, which is governed by the Act to Promote the Development and Protection Artisan once updated.

On the promotion and protection of Popular Arts and Crafts Development

Article 56. The State shall promote and protect the Venezuelan Popular Arts and Crafts, the creation and location of the enabling environment for optimal performance, training and ongoing training of artisans, in its broadest sense, research, marketing, incentives for production, socio-cultural heritage and protection from such activities, protection of ecosystem and environmental preservation.

Institute of Popular Culture

Article 57. The State must protect, promote and preserve folk cultures of the Venezuelan Constituent, which are traditional and contemporary, tangible and intangible, will create the Institute of Popular Culture which will everything related to its development and will be governed by a Special Act .

Chapter XII

Transitory Provisions

FIRST: The National Executive after the enactment of this Act, issue regulations to complement and develop.

Chapter XIII
Final Provisions

FIRST: The laws specify the penalties for crimes and misdemeanors that violate or offend against cultural values and rights enshrined in this Law

SECOND: The special law shall regulate regarding the incentives and encouragement for all those people and institutions that promote and support activities related to culture.

THIRD: The National Executive must urgently develop a regulation regarding the manifestations and expressions of cultural and linguistic intangible endangered or damage reversible.

FOURTH: The Special Act regulates matters relating to special areas.

FIFTH: This Law shall come into force with its publication in the Official Gazette of the Bolivarian Republic of Venezuela.

BOLIVARIAN REPUBLIC OF VENEZUELA

NATIONAL ASSEMBLY

STANDING COMMITTEE ON EDUCATION CULTURE SPORT AND RECREATION

SUB-COMMISSION ON CULTURE

DIPUTADA MARÍA DE QUEIPO
PRESIDENTA DE LA COMISIÓN PERMANENTE DE EDUCACIÓN, CULTURA, DEPORTES Y RECREACIÓN
DIPUTADA MAIGUALIDA BARRERA MORALES
VICE – PRESIDENTA DE LA COMISIÓN PERMANENTE DE EDUCACIÓN, CULTURA, DEPORTES Y RECREACIÓN
DIPUTADO CRISTÓBAL LEOBARDO JIMENEZ
PRESDIENTE DE LA SUB-COMISIÓN DE CULTURA
DIPUTADA ALEYDYS MANAURE
MEMBER
DIPUTADO EDDY GÓMEZ
MEMBER
DIPUTADO ORLANDO GARCÍA
MEMBER
DIPUTADO ROBERTO QUINTERO
MEMBER
DIPUTADO GIRARDOT CABELLO
MEMBER
DIPUTADO MIGUEL ROJAS
MEMBER
DIPUTADA PASTORA MEDINA
MEMBER
DIPUTADA ODA NUÑEZ
SECRETARIAT

Advertisements

Comments are closed.

%d bloggers like this: