implementing the convention for the safeguarding of ich · implementing the convention for the...

Implementing the Convention for the Safeguarding of ICH

Intangible Cultural Heritage

IntangibleCulturalHeritage

United Nations Educational, Scientific and

Cultural Organization

Intangible

Implementing the Convention for the Safeguarding of

UNESCOThe United Nations Educational, Scientific and Cultural Organization (UNESCO), aspecialized agency of the United Nations, was founded on 16 November 1945, with amandate in international cooperation in the fields of education, science, culture andcommunication. UNESCO functions as a laboratory of ideas and a standard-setter toforge universal agreements on emerging ethical issues. The Organization also serves asa clearing house – for the dissemination and sharing of information and knowledge –while helping Member States to build their human and institutional capacities.Through its strategies and activities, UNESCO is actively pursuing the MillenniumDevelopment Goals, especially those aiming to halve the proportion of people living inextreme poverty in developing countries; achieve universal primary education in allcountries; eliminate gender inequality in primary and secondary education by 2015;and help countries implement a national strategy for sustainable development toreverse current trends in the loss of environmental resources by 2015.

The Culture Sector is one of the Programme sectors of UNESCO. Its activities are in linewith the core functions of UNESCO (advocacy, capacity-building, standard-setting,international cooperation, clearing house) through heritage protection, rehabilitationand safeguarding, through the effective implementation of cultural policies and thedevelopment of sustainable cultural industries in Member States. The Sector’sprogramme builds on advances made in the recognition of cultural diversity for thesustainable development of peoples and societies, placing emphasis on a holisticapproach to the protection and safeguarding of cultural heritage in all its forms,tangible and intangible.

The General Conference of UNESCO adopted in 2003, at its 32nd session, theConvention for the Safeguarding of the Intangible Cultural Heritage. The Convention isthe result of long-standing efforts since the foundation of UNESCO when reports weredrafted and conferences organised to study and recognize the diversity of culturalidentities of the world. Among UNESCO’s normative instruments in the field of culture,the 2003 Convention is one of the major instruments for developing activities for thepromotion of cultural diversity.

Phot

o ©

Say

arik

una

e Cultural Heritage

Phot

o ©

T. F

erna

ndez

L The Oral Heritage andCultural Manifestations ofthe Zápara People, Ecuadorand Peru

J Aymara man playing atraditional Boliviancharango



4 . INTANGIBLE CULTURAL HERITAGE

Goals and definitionsThe 2003 Convention, which is the first bindingmultilateral instrument for the safeguarding ofintangible cultural heritage, builds upon andreinforces existing international agreements,recommendations and resolutions concerningcultural and natural heritage. The Conventionserves as framework for developing policies thatreflect current international thinking inpreserving cultural diversity and safeguardingintangible cultural heritage.

The Convention has four primary goals:

� Safeguard intangible cultural heritage;

� Ensure respect for the intangible culturalheritage of the communities, groups andindividuals concerned;

� Raise awareness at the local, national andinternational levels of the importance of theintangible cultural heritage, and of ensuringmutual appreciation thereof;

� Provide for international cooperation andassistance.

For the purposes of the Convention, intangiblecultural heritage means the practices,representations, expressions, knowledge andskills – including the instruments, objectsartefacts and cultural spaces associated withthem – that communities, groups and individualsrecognize as part of their cultural heritage. It may be manifested in such domains as:

� Oral expressions and traditions, includinglanguage as a vehicle of the intangiblecultural heritage;

� Performing arts;

� Social practices, rituals and festive events;

� Knowledge and practices concerningnature and the universe;

� Traditional craftsmanship.

This intangible cultural heritage is transmittedfrom generation to generation, constantlyrecreated by communities and groups, inresponse to their environment, their interactionwith nature and their history, and provides themwith a sense of identity and continuity.

The Convention does not provide a definition ofcommunities because it recognizes thatcommunities have an open character, notnecessarily linked to specific territories. They canbe dominant or non-dominant and a singleindividual may belong to different communitiesat the same time or switch communities.According to the Convention, communities,groups and, where appropriate, individuals mustbe actively involved in the identification anddefinition of their own intangible culturalheritage as well as in its management since theyare the only ones who create, recreate, maintainand transmit such heritage.

The term ‘safeguarding’ is prominent to emphasizethat the main objective of the Convention is toensure the long-term viability of intangibleheritage within communities and groups.‘Safeguarding’ is defined in the Convention as‘measures aimed at ensuring the viability of theintangible cultural heritage, including theidentification, documentation, research,preservation, protection, promotion, enhance -ment, transmission, particularly through formaland non-formal education, as well as the revitali -zation of the various aspects of such heritage’.

The Convention focuses on living expressions of intangible heritage that are recognized asimportant by communities. These expressionsprovide them with a sense of identity andcontinuity. The Convention does not establish a hierarchy of intangible cultural heritage, allexpressions being valued equally. It recognizesonly those expressions of intangible heritagethat are compatible with existing internationalhuman rights instruments, as well as with therequirement of mutual respect amongcommunities, groups and individuals. TheConvention also recognizes the importance of intangible heritage as a means for enhancingsocial cohesion, appreciation of the cultural

IMPLEMENTING THE CONVENTION FOR THE SAFEGUARDING OF THE INTANGIBLE CULTURAL HERITAGE . 5

identities of other groups and sustainabledevelopment.

Concerning its relation to other internationalnormative instruments, Article 3 of theConvention provides that nothing in theConvention may be interpreted as (a) alteringthe status or diminishing the level of protectionunder the 1972 Convention concerning theProtection of the World Cultural and NaturalHeritage of Wold Heritage properties with whichan item of the intangible cultural heritage isdirectly associated, or (b) affecting the rights andobligations of States Parties deriving from anyinternational instrument related to intellectualproperty rights.

Statutory organsThe General Assembly of the States Parties to theConvention is the sovereign body of theConvention. The General Assembly meets inordinary session every two years and mayconvene extraordinary sessions if it deems itnecessary or at the request of either theCommittee or of at least one-third of the StatesParties. The General Assembly gives strategicorientations for the implementation of theConvention and elects the 24 members of theIntergovernmental Committee for theSafeguarding of the Intangible Cultural Heritage.Half of the Committee members are renewedevery two years. In order to reflect the diversityof opinions and of safeguarding measuresconcerning intangible cultural heritage aroundthe world, the General Assembly decided toapply the principle of equitable geographicaldistribution to the election of Committeemembers. The number of Committee membersfrom each region proportionally depends on thenumber of States from that region that havealready ratified the Convention.

The Committee meets in ordinary session everyyear and in extraordinary session at the requestof at least two thirds of its States Members. Itscore functions are to:

� promote the objectives of the Convention,provide guidance on best practices and makerecommendations on measures for thesafeguarding of the intangible cultural heritage;

� use the resources of the Intangible CulturalHeritage Fund in accordance with theguidelines and the biannual plan adopted bythe General Assembly;

� inscribe intangible cultural heritagemanifestations proposed by States Parties onthe Lists of the Convention mentioned inArticles 16 and 17;

� select and promote programmes, projectsand activities submitted by States Partieswhich best reflect the objectives andprinciples of the Convention, as mentioned inits Article 18;

� propose to the General Assembly theaccreditation of non-governmentalorganizations which may have advisoryfunctions to the Committee.

The Convention also provides that theSecretariat of UNESCO shall assist the GeneralAssembly and the Committee, prepare thedocumentation of their meetings and ensurethat their decisions are implemented.

Operational directivesArticle 7 of the Convention stipulates that one ofthe functions of the Committee is to prepare andsubmit to the General Assembly for approvaloperational directives for the implementation ofthe Convention. The General Assembly adoptedthe first Operational Directives in June 2008, andwill continue to complete and revise them infuture meetings.

Among other things, the Operational Directivesindicate the procedures to be followed forinscribing intangible heritage on the Lists of theConvention, the provision of internationalfinancial assistance, the accreditation of non-governmental organizations to act in an advisorycapacity to the Committee or the involvement ofcommunities in implementing the Convention.

J The MakishiMasquerade, ZambiaPh

oto

© Z

ambi

a N

atio

nal C

omm

issi

on fo

r UN

ESCO


Lists and programmes that best reflect theprinciples and objectives of the ConventionArticle 17 of the Convention establishes a List ofIntangible Cultural Heritage in Need of UrgentSafeguarding (‘the Urgent Safeguarding List’) witha view to taking appropriate safeguardingmeasures. Another list, the Representative List ofthe Intangible Cultural Heritage of Humanity (‘theRepresentative List’) was established to ensurebetter visibility of the intangible cultural heritageand awareness of its significance (Article 16).

Only States Parties may nominate elements ofintangible cultural heritage for inclusion in theLists of the Convention. The inscription criteria,modalities and procedures are indicated inChapter I of the Operational Directives.

In addition to the two Lists, Article 18 of theConvention states that the Committee willperiodically select and promote safeguardingprogrammes, projects and activities that itconsiders best reflect the principles andobjectives of the Convention, taking into

account the special needs of developingcountries. International assistance is alsoprovided for these safeguarding activities.

Forms and procedures for the submission ofnominations files as well as of proposals forsafeguarding programmes, projects or activitiesare available at www.unesco.org/culture/ich/en/forms/.

International assistanceIn order to be more efficient in achieving itsgoals, the Convention also establishesmechanisms for international cooperation and assistance, in particular through theIntangible Cultural Heritage Fund. According to chapter I of the Operational Directives, thesafeguarding of heritage included on the Urgent Safeguarding List and the creation ofinventories are given special priority in theallocation of funds. The Fund is also used forproviding emergency assistance, or theparticipation in the sessions of the Committeeof the members of communities and groups

Urgent Safeguarding List: inscription criteria

U.1 The element constitutes intangible cultural heritage as defined in Article 2 of theConvention for the Safeguarding of the Intangible Cultural Heritage.

U.2 a) The element is in urgent need of safeguarding because its viability is at risk despite theefforts of the community, group or, if applicable, individuals and State(s) Party(ies)concerned; or

b) The element is in extremely urgent need of safeguarding because it is facing gravethreats as a result of which it cannot be expected to survive without immediatesafeguarding.

U.3 Safeguarding measures are elaborated that may enable the community, group or, ifapplicable, individuals concerned to continue the practice and transmission of theelement.

U.4 The element has been nominated following the widest possible participation of thecommunity, group or, if applicable, individuals concerned and with their free, prior andinformed consent.

U.5 The element is included in an inventory of the intangible cultural heritage present in theterritory(ies) of the submitting State(s) Party(ies).

U.6 In cases of extreme urgency, the State(s) Party(ies) concerned has (have) been consultedregarding inscription of the element in conformity with Article 17.3 of the Convention.

L Cross-crafting inLithuania

Phot

o ©

UN

ESCO

/ A

nahi

t Min

asya

n

Phot

o ©

ZED

/ B

enoî

t Ség

ur


and of experts in intangible cultural heritage. All forms and procedures for requestinginternational assistance are available atwww.unesco.org/culture/ich/en/forms/.

States Parties are encouraged to make voluntarycontributions to the Fund, in addition to theirregular contributions, and these contributions areexpected to play an important role in the

Representative List: inscription criteria

R.1 The element constitutes intangible cultural heritage as defined in Article 2 of theConvention for the Safeguarding of the Intangible Cultural Heritage.

R.2 Inscription of the element will contribute to ensuring visibility, awareness of thesignificance of the intangible cultural heritage and dialogue, thus reflecting culturaldiversity worldwide and testifying to human creativity.

R.3 Safeguarding measures are elaborated that may protect and promote the element.

R.4 The element has been nominated following the widest possible participation of thecommunity, group or, if applicable, individuals concerned and with their free, prior andinformed consent.

R.5 The element is included in an inventory of the intangible cultural heritage present in theterritory(ies) of the submitting State(s) Party(ies).

K The Royal Ancestral Ritualin the Jongmyo Shrine andits Music, Republic of Korea

KK Urtiin Duu – TraditionalFolk Long Song, Mongoliaand China

Phot

o ©

Cul

tura

l Pro

pert

ies

Adm

inis

trat

ion

of K

orea


Article 18: selection criteria

P.1 The programme, project or activity involves safeguarding, as defined in Article 2.3 of theConvention.

P.2 The programme, project or activity promotes the coordination of efforts for safeguardingintangible cultural heritage on regional, subregional and/or international levels.

P.3 The programme, project or activity reflects the principles and objectives of the Convention.

P.4 If already completed, the programme, project or activity has demonstrated effectivenessin contributing to the viability of the intangible cultural heritage concerned. If stillunderway or planned, it can reasonably be expected to contribute substantially to theviability of the intangible cultural heritage concerned.

P.5 The programme, project or activity has been or will be implemented with theparticipation of the community, group or, if applicable, individuals concerned and withtheir free, prior and informed consent.

P.6 The programme, project or activity may serve as a subregional, regional or internationalmodel, as the case may be, for safeguarding activities.

P.7 The submitting State(s) Party(ies), implementing body(ies), and community, group or, ifapplicable, individuals concerned are willing to cooperate in the dissemination of bestpractices, if their programme, project or activity is selected.

P.8 The programme, project or activity features experiences that are susceptible to anassessment of their results.

P.9 The programme, project or activity is primarily applicable to the particular needs ofdeveloping countries.

implementation of the Convention. Extra-budgetary contributions from various fundingsources enhance UNESCO’s ability to create andimplement new activities and programmes, as wellas strengthening and expanding existing ones.Agreements between UNESCO and severalMember States, including Japan, Norway, Spain,Italy, Belgium, Republic of Korea and the UnitedArab Emirates, as well as the European Commiss ion,have led to significant contributions towards safe -guarding the world’s intangible cultural heritage.

Participation in the implementation of theConventionChapter III of the Operational Directives focuseson the role of communities, groups and, whereapplicable individuals, as well as experts, centresof expertise and research institutes inimplementing the Convention. Chapter III alsoincludes the directives for the participation ofnon-governmental organizations.

The Convention speaks about communities andgroups of tradition-bearers in a non-specific way.The spirit of the Convention is such thatcommunities should be seen as having an opencharacter, not necessarily linked to specificterritories. Their central role in the implement -ation of the Convention is already included inthe definition provided in Article 2.1 ofintangible cultural heritage. Articles 11, 13 and15 of the Convention provide, among otherthings, that States Parties are required to takethe necessary measures to ensure thesafeguarding of the intangible cultural heritagepresent in their territory and to includecommunities, groups and relevant NGOs in theidentification and definition of elements of thatintangible heritage. They shall endeavour toensure the widest possible participation ofcommunities, groups and individuals that create,maintain and transmit intangible culturalheritage within the framework of their

LL El Güegüense,Nicaragua

L The Vimbuza HealingDance, Malawi

Phot

o ©

Inst

ituto

Nic

arag

üens

e de

Cul

tura

(IN

C)

Phot

o ©

Fra

ncoi

s-Xa

vier

Fre

land

/ U

NES

CO

Phot

o ©

Mal

aysi

an N

atio

nal C

ultu

re a

nd A

rts

Dep

artm

ent


safeguarding activities and actively involve themin its management.

The role given to communities and groups in theConvention is reinforced in the OperationalDirectives: for instance, inscription on the Lists ofthe Convention or inclusion in the registry of goodpractices cannot be done without the free, priorand informed consent of the community or groupconcerned. Their involvement is also required in thepreparation and implementation of safeguardingprogrammes that benefit from internationalassistance, and they must be willing to cooperate inthe dissemination of best practices if theirprogramme, project or activity is selected by theCommittee as best reflecting the principles andobjectives of the Convention. Among manyother things, the Operational Directives alsoencourage States Parties to create a consultativebody or a coordination mechanism to facilitatetheir participation, as well as that of experts,

centres of expertise and research institutes, in theidentification and definition of intangible culturalheritage, the drawing of inventories, the elaborationof programmes, projects and activities, thepreparation of nomination files and the removal ofan element from a list or its transfer to the other.

Non-governmental organizations which haveproven competence, expertise and experiencein safeguarding intangible cultural heritage andobjectives that are in conformity with the spiritof the Convention as well as operationalcapacities may be accredited to have advisoryfunctions to the Committee. They may be askedto evaluate nomination files for the UrgentSafeguarding List, requests for internationalassistance of more than 25 000 USD or theprogrammes, projects and activities mentionedin Article 18 of the Convention. The criteria andprocedures for their accreditation are set out inChapter III of the Operational Directives.

L Mak Yong Theatre,Malaysia

ReportingStates Parties have to periodically submit reportsto the Intergovernmental Committee establishedunder the Convention on the legislative,regulatory and other measures taken for theimplementation of the Convention (Article 29).These reports shall also provide information ondrawing up and updating inventories of intangiblecultural heritage. According to Chapter V of theOperational Directives they shall submit theirreports by 15 December of the sixth yearfollowing the year in which the State depositedits instrument of ratification, acceptance orapproval and every sixth year thereafter. Thesereports shall also include information on thestatus of all the elements of the intangiblecultural heritage present in the State’s territorythat have been inscribed on the RepresentativeList. Each State party shall also submit to theCommittee reports on the status of elements ofintangible cultural heritage present in its territorythat have been inscribed on the UrgentSafeguarding List. Such reports should normally

be submitted by 15 December of the fourth yearfollowing the year in which the element wasinscribed, and every fourth year thereafter

VisibilityBesides the measures taken at the national level to raise awareness about the importance of theintangible cultural heritage, several measures havebeen taken by the Committee to increase thevisibility of its action worldwide. For instance, theCommittee took the initiative to create an emblem,which will increase the visibility of the Conventionand help raise awareness of the importance ofsafeguarding intangible heritage. The emblem was selected in June 2008 by the GeneralAssembly. The Secretariat maintains a website(www.unesco.org/culture/ich) where alldocuments and decisions of the statutory meetingsof the Committee and General Assembly can befound, as well as additional information onintangible heritage. The Secretariat also startedcollating a database of information from all aroundthe world on intangible cultural heritage.

L The Art of Akyns, KyrgyzEpic Tellers

K The Moussem of Tan-Tan,Morocco

Phot

o ©

Jaim

e Br

oton

s

Phot

o ©

UN

ESCO

/ M

iche

l Rav

assa

rd


measures at the national andinternational level to encourage andfoster all forms of internationalcooperation aimed at safeguardingintangible cultural heritage. The specificobligations outlined in the Conventionand in the Operational Directives for itsimplementation are summarised below:

� States Parties are required by theConvention to take the necessarymeasures to ensure the safeguarding of the intangible cultural heritagepresent in its territory and to includecommunities, groups and relevantNGOs in the identification anddefinition of elements of thatintangible cultural heritage. To ensure identification with a view tosafeguarding, States Parties are obligedto create one or more inventories of theintangible cultural heritage present intheir territory, which shall be regularlyupdated. While Articles 11 and 12 aremore prescriptive than other Articlesin the Convention, they still provideenough flexibility for a State Party to determine how it will prepare itsinventories. A State Party is not obligedto have already drawn up one or moreinventories before ratification of theConvention. On the contrary, thedevelopment and updating of

inventories is an ongoing processaimed at carrying out identificationwith a view to ensuring thetransmission of intangible culturalheritage.

� Articles 13, 14 and 15 of theConvention propose safeguardingand awareness-raising measures thata State Party should endeavour toapply, with the widest possibleparticipation of communities, groupsand, where appropriate individualsthat create maintain and transmitintangible cultural heritage.

� States Parties are required to makeregular contributions to the Fundestablished under Article 25 of theConvention. States Parties that did notmake the declaration referred to inArticle 26.2 of the Convention pay, atleast every two years, a contribution intothe Fund of 1% of their contribution tothe regular budget of UNESCO. Statesthat made the declaration referred to inArticle 26.2 pay, at least every two years,a contribution into the Fund which is asclose as possible to 1% of theircontribution to the regular budget ofUNESCO.

Becoming a State PartyThe provisions of the Convention onlyapply in the territories of the States thatare party to the Convention, that is,Member States of UNESCO that havedeposited an instrument of ratification(or of acceptance, approval oraccession) with the Director-General ofUNESCO and for which the Conventionhas entered into force.

Ratification is ‘the international act sonamed by whereby a State establisheson the international plane its consentto be bound by a treaty’ (Article 2(1)(b)of the Vienna Convention on the Law ofTreaties). Acceptance, approval andaccession have the same legal effects asratification. The Convention enters intoforce three months after the deposit bya State of its instrument of ratification,acceptance, approval or accession. Anupdated list of States Parties to theConvention is available atwww.unesco.org/culture/ich.

The Convention is a permissivedocument and the majority of itsarticles are worded in non-prescriptivelanguage, allowing governments’flexibility in their approach to itsimplementation. However, States Partiesare required to adopt appropriate K The Mystery Play of Elche, Spain

Phot

o ©

Kyr

gyz

Nat

iona

l Com

mis

sion

for U

NES

CO

How does a State become Party to the Convention?

The State concerned deposits the following instrument with the Director-Generalof UNESCO

Model Instrument of Ratification/Acceptance/Approval/Accession

WE ....................................................................................................................................................................................

.............................................................................................................................................................................................

.............................................................................................................................................................................................

.............................................................................................................................................................................................(NAME OF HEAD OF STATE or GOVERNMENT or MINISTER FOR FOREIGN AFFAIRS)

of .............................................................................................................................................................(COUNTRY)

Having seen and examined UNESCO’s CONVENTION FOR THE SAFEGUARDING OFTHE INTANGIBLE CULTURAL HERITAGE (2003)

By virtue of the powers vested in us, have approved it and do approve it in itsentirety and in each part, in accordance with the provisions therein contained,

Declare that we ratify/accept/approve/accede to the said Convention inaccordance with Articles 32 and 33 thereof, and vow that it shall be scrupulouslyobserved,

IN WITNESS WHEREOF we have deposited this instrument of ratification/acceptance/approval/accession, to which we have affixed our seal.

Done at (place)...........................................................................................................................................................

On (date) ........................................................................................................................................................................

(Seal)

(Signed) ....................................................................................................................................................................HEAD OF STATE/HEAD OF GOVERNMENT/MINISTER FOR FOREIGN AFFAIRS

Intangible Cultural Heritage

Intangible cultural heritage, transmitted from generation togeneration, is constantly recreated by communities and groups,and provides them with a sense of identity and continuity, thuspromoting respect for cultural diversity and human creativity.

� States Parties are required toperiodically submit reports to theIntergovernmental Committee onthe legislative, regulatory and othermeasures taken for theimplementation of the Convention(Article 29). These reports shall alsoinclude information on the status ofall the elements of the intangible

cultural heritage present in the State’sterritory that have been inscribed onthe Representative List. Each Stateparty shall also submit to theCommittee reports on the status ofelements of intangible culturalheritage present in its territory thathave been inscribed on the UrgentSafeguarding List.

With the support of the Government of Norway

KTh

e M

yste

ry P

lay

of E

lche

, Spa

inPh

oto

© Ja

ime

Brot

ons

IntangibleCulturalHeritage



implementing the convention for the safeguarding of ich · implementing the convention for the...

Documents