Measures to promote mobility
a. official recognition of foreign diplomats in the artistic professions
There is no official recognition of foreign diplomats in the artistic professions, but there is official recognition of foreign diplomats as cultural attaches to facilitate cultural exchange among other things between their countries and South Africa.

b. fellowships and financial aid
The Department of Arts and Culture manages 42 international agreements with countries abroad which provide for partnerships in a range of areas with these countries.  Included in these agreements, are commitments to facilitate exchange of artists, and the Department provides funds for South African artists to travel abroad.  Numerous countries – principally the Netherlands, Sweden, United Kingdom, Switzerland and France – have developed direct relationships through their agencies within the country with arts and cultural institutions in South Africa and provide fellowships and financial aid to develop local projects, and to facilitate travel by South African artists abroad.

c. fellowships and financial aid to promote the mobility of works
The South African government and the National Film and Video Foundation fund a South African presence at numerous international film festivals to ensure the distribution of local films abroad.  The Department of Trade and Industry and its provincial equivalents also assist in the distribution of South African craft to international markets.  With the emphasis on four creative industries in particular – craft, film, publishing and contemporary music – funds have been made available to develop these industries and to help with the export of goods abroad.

d. networks catering for foreign artists
The international agreements referred to above oblige South Africa to host foreign artists but many of the institutions catering for visits and fellowships by foreign artists are non-government organizations and agencies who have developed direct relationships with counterparts abroad.  It is common practice for foreign artists to undertake residencies and fellowships in South Africa.

e. facilities for obtaining visas and residence permits
There is no special facility to ease the obtaining of visas, work permits and residence permits for artists.  They have to go through similar processes as other foreign workers.  Often though, these are speeded up if the foreign artist is invited by, or can prove a relationship with a local cultural organization or institution.  Many foreign artists travel on a tourist visa.

f. facilitating the import/ export of cultural products
The Department of Trade and Industry provides assistance in the exporting of creative products (For more information, see www.dti.gov.za ).

Legal framework

The Department of Arts and Culture manages 42 international agreements that would relate to the mobility of artists.  Details of these may be found on the department’s website: www.dac.gov.za

- Legal requirements of producers and impresarios in matters of social welfare for artists working temporarily abroad
There are no legal requirements other than those agreed to in the contract between the producer and the artist.

- Provisions of national laws in regard to foreign artists
There are no provisions in laws that specifically deal with the treatment of foreign artists other than to exclude foreign artists from social benefit provisions for local workers, e.g. Unemployment Insurance or to determine the form in which they are taxed.

- Protection of national artists
There are no such provisions at the moment. This is one of the key concerns of local artists i.e. that foreign artists are brought in to play the parts of South Africans in movies about local themes, without obliging producers to use a certain number of local artists.  Where local artists are used, it is the prerogative of producers rather than a legal or regulatory obligation.  This is particularly the case in film.  In television, there are quotas that are set for the employment of South African artists and technicians.

Proportion of artists of foreign nationality working on the national territory
These statistics are difficult to obtain as many foreign artists travel on tourist visas.  Furthermore, work in the film and commercial industries is seasonal so that there are more foreign artists in summer than in winter.

Constraints imposed on foreign artists wishing to work on the national territory
There are no constraints.

There are no compensation measures in place. After 1994, a Consultative Committee was established comprising representatives from major cultural organizations, professional bodies and unions to consider the applications for work permits from foreign artists.  They would advise the Department of Home Affairs on such applications and could impose certain requirements on the foreign artist e.g. to conduct workshops with local artists, etc. However, this committee was abolished by the Department of Home Affairs, and there are currently no mechanisms in place to monitor the entry of foreign artists, nor to exact any form of compensation.

Cultural protectionism measures
Regulations regarding local content quotas are in place and are applied by the Independent Communications Authority of South Africa (ICASA).  ICASA awards licenses to television and radio stations and stipulates for each station the local content provisions of the licence.  At the moment, television station are required to broadcast at least 40% of their programmes that are made in South Africa.

Law or regulations governing these matters: The Independent Communication Authority of South Africa Act No 13 of 2000.


Source: UNESCO, December 2005.