Convention for the Safeguarding of Intangible Cultural Heritage

The Convention for the Safeguarding of Intangible Cultural Heritage is an international agreement among some UNESCO members that seeks to aid states in preserving elements of intangible cultural heritage. The Convention was originally written in 2003, and was brought into force in 2006 after its ratification by 30 member states.

Content

Definition

Main article: Intangible cultural heritage

Intangible cultural heritage refers to aspects of culture that are non-physical, such as music, drama, folktales, and skills. The Convention defines it as follows:

Intangible Cultural Heritage means the practices, representations, expressions, knowledge, 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.

The definition of intangible cultural heritage has been criticized as potentially incomplete. For example, in a 2004 article in Museum International, Robert 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".^[1] 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".^[1]

Function

The Convention works on both national and international levels. At the national level, countries are supposed to catalog and document cultural activities, identifying those that are most important, and especially those that are endangered. Critics such as Kurin, however, have argued that dividing culture into individual units is inconsistent with modern academic views of cultures.^[1] Additionally, Michael Brown, 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.^[2] 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.^[1]

At the international level, the Convention has an organization to assist national groups. This organization maintains an international list of representative and endangered international cultural heritages. The Convention also establishes an international financial resource that member states can apply to for assistance. This is funded by voluntary dues from UNESCO members and donations.^[1]

History

Precursors

There were several failed attempts at creating an international agreement on intangible cultural heritage prior to the adoption of the Convention. Early attempts in 1973 and 1980 recommended extending some form of international copyright protection to traditional popular arts and other cultural activities. In both instances, it was concluded that copyright protection would be inadequate and incompatible with the overall goal of protecting intangible heritage.^[3]

In 1992, UNESCO drafted a Recommendation on the Safeguarding of Traditional Culture and Folklore. This Recommendation included many of the elements of the later Convention, but because it was only a Recommendation, and thus had no binding force or any instrument by which UNESCO could implement its findings, the Recommendation caused few changes to international practice.^[3]

In 1997, UNESCO started a project called Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity. This project was used to declare a number of intangible cultural heritages as "masterpieces" (19 in 2001 and 28 in 2003). Noriko Aikawa notes that while the work done on the Proclamation was an important part in shaping later work on the Convention, the Proclamation also suffered from an unclear definition of "masterpiece", and a lack of clear funding and organizational support.^[3]

Creation

As a result of a mandate from the 30th UNESCO General Conference in 1999, a preliminary study was undertaken to determine how UNESCO could best help protect intangible cultural heritages. The study first determined that simply creating an additional protocol for the Convention Concerning the Protection of World Cultural and Natural Heritage (the Convention that established an organization to identify and protect World Heritage Sites) would be insufficient because the nature of intangible heritage is too fundamentally different from natural and tangible heritage. The study also found that an approach strictly grounded in intellectual property would be inadequate. A number of meetings were held among international cultural experts, and, in 2001, the General Conference decided to create a new Convention that would separately deal with intangible cultural heritage.^[3]

Through a variety of Round Table Meetings, Intergovernmental Meetings of Experts, and discussions with UNESCO's Executive Board, the Convention was drafted from 2001 to 2003. One of the major decisions throughout this period was to use the 1972 Convention not as a direct model for the intangible heritage convention, but rather to use it only as an inspiration.^[3]

Adoption

The Convention was adopted by the UNESCO General Conference in 2003, with only eight abstentions and no dissenting votes.^[3]

The Convention initially went into force on 20 April 2006, after it was approved or ratified by thirty UNESCO member states by 20 January 2006.^[4]

Parties to the Convention

As of September 2011, 137 nations have ratified or approved the convention.^[5]

References

1. ^ ^{a b c d e} 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. http://onlinelibrary.wiley.com/doi/10.1111/j.1350-0775.2004.00459.x/pdf. 
2. ^ Brown, Michael F. (2005). "Heritage Trouble: Recent Work on the Protection of Intangible Cultural Property". International Journal of Cultural Property 12 (01). doi:10.1017/S0940739105050010. http://lanfiles.williams.edu/~mbrown/Brown,%20Heritage%20Trouble,%20IJCP,%202005.pdf. 
3. ^ ^{a b c d e f} Aikawa, Noriko (24 June 2004). "An Historical Overview of the Preparation of the UNESCO International Convention for the Safeguarding of the Intangible Cultural Heritage". Museum International 56 (1-2): 137–149. http://www.depts.ttu.edu/museumttu/CFASWebsite/5323%20folder/brief_safeguarding_UNESCO_Aikawa%202004.pdf. 
4. ^ "The States Parties to the Convention for the Safeguarding of the Intangible Cultural Heritage (2003)". UNESCO. http://www.unesco.org/culture/ich/index.php?lg=en&pg=00024. Retrieved 22 September 2011. 
5. ^ "Convention for the Safeguarding of the Intangible Cultural Heritage. Paris, 17 October 2003.". UNESCO. http://portal.unesco.org/la/convention.asp?KO=17116&language=E. Retrieved 22 September 2011. 

External links

• Official website of the Convention for the Safeguarding of Intangible Cultural Heritage
• Full text of the Convention