Convention for the Safeguarding of the Intangible Cultural Heritage

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Convention for the Safeguarding of the Intangible Cultural Heritage
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Signed17 October 2003
LocationParis
Effective20 April 2006
Condition30 ratifications
Ratifiers180 [1]
DepositaryDirector-General of UNESCO
LanguagesArabic, Chinese, English, French, Russian and Spanish
States parties to the convention (in orange) Member states of the Convention on Intangible Cultural Heritage.svg
States parties to the convention (in orange)

The Convention for the Safeguarding of the Intangible Cultural Heritage is a UNESCO treaty adopted by the UNESCO General Conference on 17 October 2003.

Contents

The convention entered into force in 2006, after thirty instruments of ratification by UNESCO Member States. [2] [3] Romania was the 30th state, ratifying the agreement on 20 January 2006. [2] As of October 2022, 180 states have ratified, approved or accepted the convention. [1]

Content

Layout

The convention contains the following provisions:

  1. General Provisions
  2. Organs of the Convention
  3. Safeguarding of the intangible cultural heritage at the national level
  4. Safeguarding of the intangible cultural heritage at the international level
  5. International cooperation and assistance
  6. Intangible Cultural Heritage Fund
  7. Reports
  8. Transitional clause
  9. Final clauses

Purposes

Unlike other UNESCO conventions, this convention begins with stating its purposes, which are;

  1. to safeguard the intangible cultural heritage;
  2. to ensure respect for the intangible cultural heritage of the communities, groups and individuals concerned;
  3. to raise awareness at the local, national and international levels of the importance of the intangible cultural heritage, and of ensuring mutual appreciation thereof;
  4. to provide for international cooperation and assistance. [4]

Definition

Intangible cultural heritage refers to "traditions or living expressions inherited from our ancestors and passed on to our descendants, such as oral traditions, performing arts, social practices, rituals, festive events, knowledge and practices concerning nature and the universe or the knowledge and skills to produce traditional crafts". [5] The convention defines it as follows:

Intangible Cultural Heritage means the practices, representations, expressions, knowledge, and skills – as well as the instruments, objects, artifacts and cultural spaces associated therewith – that communities, groups and, in some cases, individuals recognize as part of their cultural heritage. This intangible cultural heritage, transmitted from generation to generation, is constantly recreated by communities and groups in response to their environment, their interaction with nature and their history, and provides them with a sense of identity and continuity, thus promoting respect for cultural diversity and human creativity. For the purposes of this Convention, consideration will be given solely to such intangible cultural heritage as is compatible with existing international human rights instruments, as well as with the requirements of mutual respect among communities, groups and individuals, and of sustainable development. [6]

Function

The convention works on both national and international levels. At the national level, state parties are supposed to 'take necessary measures to ensure the safeguarding of the intangible cultural heritage present in its territory." These measures include identification of the intangible cultural heritage that exists in its territory, adoption of appropriate policies, promotion of education and so on. [7] Besides, in taking these measures, each state parties must "endeavor to ensure the widest possible participation of communities, groups, and, where appropriate, individuals that create, maintain and transmit such heritage, and to involve them actively in its management". [8]

At the international level, this convention promotes cooperation, which includes "the exchange of information and experience, joint initiatives, and the establishment of a mechanism of assistance" to other state parties. [9]

Lists

The Committee to the Convention publishes and keeps up to date two lists of intangible cultural heritage: the Representative List of the Intangible Cultural Heritage of Humanity and the List of Intangible Cultural Heritage in Need of Urgent Safeguarding. [10]

Intangible Cultural Heritage Fund

The convention establishes the Intangible Cultural Heritage Fund, the use of which is decided by the committee. The fund mainly consists of the contributions by state parties and funds by the General Conference of UNESCO. [11]

History

Precursors

One of the first international occasions that mentioned the preservation of 'intangible heritage' was the World Conference on Cultural Policies in Mexico City in 1982. [12] This Conference defined cultural heritage as including "both tangible and intangible works through which the creativity of people finds expression," and asked UNESCO and member states to take measures for protecting this kind of heritage. [12]

In 1989, UNESCO adopted the Recommendation on the Safeguarding of Traditional Culture and Folklore as the first legal instrument towards the safeguarding of intangible cultural heritage. [13] This recommendation reflected the ideas of the earlier conference in Mexico City. UNESCO conducted some promotional programs for raising awareness of this recommendation, but was not very successful. [13] However, in the late 1990s, there was a conference held for the assessment of this recommendation, which pointed out some problems to be considered in drafting the convention. [14]

In 1997, UNESCO launched the program of Proclamation of the Masterpieces of the Oral and Intangible Heritage of Humanity, intending to raise awareness of the importance of intangible heritage. This program proclaimed a total of 90 masterpieces between 2001 and 2005, and caused the movement toward the convention. [15]

Creation

According to the request of member states, a preliminary study, undertaken by Director-General, on how could the safeguarding of intangible cultural heritage be conducted, recommended to create a new document that set an international standard. [14]

In 2001, the General Conference adopted another instrument, Universal Declaration on Cultural Diversity, which also includes articles dealing with the preservation of "heritage in all forms". [16] This declaration and its action plan presented basic idea of the coming convention and helped to develop it. [17]

As a result of many meetings for two years, the draft convention was brought into the General Conference and adopted in 2003.

Reception

The definition of intangible cultural heritage has been criticized as potentially incomplete and/or creating a "Pandora's box of difficulties". [2] For example, in a 2004 article in Museum International , Richard Kurin says that because the convention does not recognize cultural activities not compatible with international human rights instruments, some activities, such as female genital mutilation, that groups may themselves consider critical to their culture, are not eligible. Similarly, Kurin notes that since many group's culture is defined in opposition to other cultures, the requirement for "mutual respect" may leave out traditional songs and stories that glorify "empire, victorious kings, religious conversion, or alternatively resistance to perceived injustice, martyrdom and defeat". [18] However, Kurin also notes that the definition can be more expansive than intended by its designers, who originally planned only to protect "traditional cultural activities". He says that it is robust enough to encompass more modern forms of culture, including things like "rap music, Australian cricket, modern dance, post-modernist architectural knowledge, and karaoke bars". [18]

Richard Kurin has argued that dividing culture into individual units is inconsistent with modern academic views of cultures. [18] Additionally, Michael Brown has argued that convention's focus on cataloging is based on an outdated belief that listing the details of a culture has some connection to preservation of that culture. [19] States are also encouraged to enact programs to safeguard intangible cultural heritages, though any such work must be done in cooperation with the local practitioners. This aspect has also been criticized, since it is unclear how a state can safeguard a cultural practice by force, particularly if there is insufficient interest from local practitioners. [18]

See also

Related Research Articles

<span class="mw-page-title-main">Cultural diversity</span> Quality of diverse or different cultures

Cultural diversity is the quality of diverse or different cultures, as opposed to monoculture. It has a variety of meanings in different contexts, sometimes applying to cultural products like art works in museums or entertainment available online, and sometimes applying to the variety of human cultures or traditions in a specific region, or in the world as a whole. It can also refer to the inclusion of different cultural perspectives in an organization or society.

Artistic freedom can be defined as "the freedom to imagine, create and distribute diverse cultural expressions free of governmental censorship, political interference or the pressures of non-state actors." Generally, artistic freedom describes the extent of independence artists obtain to create art freely. Moreover, artistic freedom concerns "the rights of citizens to access artistic expressions and take part in cultural life—and thus [represents] one of the key issues for democracy." The extent of freedom indispensable to create art freely differs regarding the existence or nonexistence of national instruments established to protect, to promote, to control or to censor artists and their creative expressions. This is why universal, regional and national legal provisions have been installed to guarantee the right to freedom of expression in general and of artistic expression in particular. In 2013, Ms Farida Shaheed, United Nations special rapporteur to the Human Rights Council, presented her "Report in the field of cultural rights: The right to freedom of expression and creativity" providing a comprehensive study of the status quo of, and specifically the limitations and challenges to, artistic freedom worldwide. In this study, artistic freedom "was put forward as a basic human right that went beyond the 'right to create' or the 'right to participate in cultural life'." It stresses the range of fundamental freedoms indispensable for artistic expression and creativity, e.g. the freedoms of movement and association. "The State of Artistic Freedom" is an integral report published by arts censorship monitor Freemuse on an annual basis.

The Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity was made by the Director-General of UNESCO starting in 2001 to raise awareness of intangible cultural heritage and encourage local communities to protect them and the local people who sustain these forms of cultural expressions. Several manifestations of intangible heritage around the world were awarded the title of Masterpieces to recognize the value of the non-material component of culture, as well as entail the commitment of states to promote and safeguard the Masterpieces. Further proclamations occurred biennially. In 2008, the 90 previously proclaimed Masterpieces were incorporated into the new Representative List of the Intangible Cultural Heritage of Humanity as its first entries.

A Living Human Treasure is, according to UNESCO, a person who possesses to a high degree the knowledge and skills required for performing or re-creating specific elements of the intangible cultural heritage. This title or a form of it is awarded by the nation's government to a person who is regarded as a national treasure while still alive. The title is also known as Living National Treasure.

Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.

<span class="mw-page-title-main">Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict</span> International treaty that protects cultural property during armed conflict

The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict is the first international treaty that focuses exclusively on the protection of cultural property in armed conflict. It was signed at The Hague, Netherlands, on 14 May 1954 and entered into force on 7 August 1956. As of July 2021, it has been ratified by 133 states.

<span class="mw-page-title-main">Cultural heritage</span> Physical artifact or intangible attribute of a society inherited from past generations

Cultural heritage is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by society.

<span class="mw-page-title-main">Convention on the Protection and Promotion of the Diversity of Cultural Expressions</span> 2005 UNESCO-related treaty

The Convention on the Protection and Promotion of the Diversity of Cultural Expressions is an international treaty adopted in October 2005 in Paris during the 33rd session of the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO). In response to the fears that globalization would lead to an increasingly uniform global culture, it allows states to protect cultural diversity by promoting and defending their own cultural industries. It also establishes international co-operation to help protect the cultural industries of developing countries, including the creation of the International Fund for Cultural Diversity. It reaffirms many of the principles of the 2001 UNESCO Universal Declaration on Cultural Diversity but, unlike that declaration, it is legally binding and requires legal ratification by member states. The convention is the first international treaty to give cultural goods a special status, having cultural as well as economic value.

An intangible cultural heritage (ICH) is a practice, representation, expression, knowledge, or skill considered by UNESCO to be part of a place's cultural heritage. Buildings, historic places, monuments, and artifacts are cultural property. Intangible heritage consists of nonphysical intellectual wealth, such as folklore, customs, beliefs, traditions, knowledge, and language. Intangible cultural heritage is considered by member states of UNESCO in relation to the tangible World Heritage focusing on intangible aspects of culture. In 2001, UNESCO made a survey among States and NGOs to try to agree on a definition, and the Convention for the Safeguarding of the Intangible Cultural Heritage was drafted in 2003 for its protection and promotion.

<span class="mw-page-title-main">Blue Shield International</span> International organization protecting cultural heritage

The Blue Shield, formerly the International Committee of the Blue Shield, is an international organization founded in 1996 to protect the world's cultural heritage from threats such as armed conflict and natural disasters. Originally intended as the "cultural equivalent of the Red Cross", its name derives from the blue shield symbol designed by Jan Zachwatowicz, used to signify cultural sites protected by the 1954 Hague Convention for the Protection of Cultural Property in Armed Conflict.

<span class="mw-page-title-main">World Heritage Convention</span> 1972 international treaty

The World Heritage Convention, formally the Convention Concerning the Protection of the World Cultural and Natural Heritage, is an international treaty signed on 23 November 1972, which created the World Heritage Sites, with the primary goals of nature conservation and the preservation of cultural properties. The convention, a signed document of international agreement, guides the work of the World Heritage Committee. It was developed over a seven-year period (1965–1972).

<span class="mw-page-title-main">Richard Kurin</span> American cultural anthropologist, museum official and author

Richard Kurin, an American cultural anthropologist, museum official and author, is the Acting Provost and Under Secretary for Museums and Research at the Smithsonian Institution. He is a key member of the senior team managing the world's largest museum and research complex with 6,500 employees and a $1.4 billion annual budget, caring for more than 139 million specimens, artifacts and artworks, working in 145 countries around the globe, hosting some 30 million visitors a year, and reaching hundreds of millions online and through the Smithsonian's educational programs and media outreach. Kurin is particularly responsible for all of the national museums, scholarly and scientific research centers, and programs spanning science, history, art and culture.

<span class="mw-page-title-main">National Intangible Cultural Heritage of Indonesia</span> Indonesian culture

The National Intangible Cultural Heritage of Indonesia is a "living culture" that contains philosophical elements from the traditions of society and is still handed down from generation to generation. Edi Sedyawati added an important element in the notion of intangible cultural heritage is the nature of culture that cannot be held (abstract), such as concepts and technology, its nature can pass and disappear in time with the times such as language, music, dance, ceremony, and various other structured behaviors. Thus, cultural heritage is shared by a community or community and experiences development from generation to generation, in the flow of a tradition. The Ministry of Education and Culture of Indonesia records and establishes a list of intangible cultural heritage. As of June 2020, a total of 9,770 cultural heritages have been recorded and 1,086 of them have been designated.

<span class="mw-page-title-main">UNESCO Intangible Cultural Heritage Lists</span>

UNESCO established its Lists of Intangible Cultural Heritage with the aim of ensuring better protection of important intangible cultural heritages worldwide and the awareness of their significance. This list is published by the Intergovernmental Committee for the Safeguarding of Intangible Cultural Heritage, the members of which are elected by State Parties meeting in a General Assembly. Through a compendium of the different oral and intangible treasures of humankind worldwide, the programme aims to draw attention to the importance of safeguarding intangible heritage, which UNESCO has identified as an essential component and as a repository of cultural diversity and of creative expression.

<span class="mw-page-title-main">UNESCO Universal Declaration on Cultural Diversity</span> Declaration adopted by UNESCO in 2001

The Universal Declaration on Cultural Diversity is a declaration adopted unanimously by the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) at its thirty-first session on 2 November 2001. It calls on nations and institutions to work together for the preservation of culture in all its forms, and for policies that help to share ideas across cultures and inspire new forms of creativity. It interprets "culture" in a broad sense and connects the preservation of culture to central issues of human rights. It defines a role for UNESCO as a space in which different institutions can develop ideas on cultural diversity, which has been a theme of many of UNESCO's activities in the years since. The primary audience of the declaration includes UNESCO's member states as well as international and non-governmental bodies, but other organisations and individuals have also been inspired by it.

Ichpedia is an online encyclopedia for the intangible cultural heritage in Korea and international arenas. It was created by a group of scholars and practitioners with the support of the Cultural Heritage Administration of the Republic of Korea. The ultimate goal is to enhance the significance of traditional cultures and cultural diversities.

Intangible cultural heritage (ICH) includes traditions and living expressions that are passed down from generation to generation within a particular community.

Cultural expressions are creative manifestations of the cultural identities of their authors. They are treated in the international legal system in terms of cultural rights, intellectual property law and international trade.

References

  1. 1 2 States Parties to the Convention for the Safeguarding of the Intangible Cultural Heritage.
  2. 1 2 3 Logan, William S. (2007). "Closing Pandora's Box: Human Rights Conundrums in Cultural Heritage". In Silverman, Helaine; Ruggles, D. Fairchild (eds.). Cultural heritage and human rights. New York, NY: Springer. ISBN   9780387713137. OCLC   187048155.
  3. ↑ Convention for the Safeguarding of the Intangible Cultural Heritage
  4. ↑ Convention for the Safeguarding of the Intangible Cultural Heritage Article 1
  5. ↑ What is Intangible Cultural Heritage p.3
  6. ↑ Convention for the Safeguarding of the Intangible Cultural Heritage Article 2
  7. ↑ Convention for the Safeguarding of the Intangible Cultural Heritage Article 11
  8. ↑ Convention for the Safeguarding of the Intangible Cultural Heritage Article 15
  9. ↑ Convention for the Safeguarding of the Intangible Cultural Heritage Article 19
  10. ↑ Convention for the Safeguarding of the Intangible Cultural Heritage Article 16,17
  11. ↑ Convention for the Safeguarding of the Intangible Cultural Heritage Article 25
  12. 1 2 Working towards the 2003 Convention p.6
  13. 1 2 Working towards the 2003 Convention p.7
  14. 1 2 Working towards the 2003 Convention p.10
  15. ↑ Proclamation of the Masterpieces of the Oral and Intangible Heritage of Humanity (2001–2005)
  16. ↑ UNESCO Universal Declaration on Cultural Diversity Article 7
  17. ↑ Working towards the 2003 Convention
  18. 1 2 3 4 Kurin, Richard (1 May 2004). "Safeguarding Intangible Cultural Heritage in the 2003 UNESCO Convention: a critical appraisal". Museum International. 56 (1–2): 66–77. doi:10.1111/j.1350-0775.2004.00459.x. S2CID   142579517.
  19. ↑ Brown, Michael F. (2005). "Heritage Trouble: Recent Work on the Protection of Intangible Cultural Property" (PDF). International Journal of Cultural Property. 12 (1). doi:10.1017/S0940739105050010. S2CID   145737676.
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