Convention for the Safeguarding of Intangible Cultural Heritage
Encyclopedia
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.
, drama
, folktales, and skills. The Convention defines it as follows:
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". 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".
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.
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.
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.
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.
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.
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.
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.
UNESCO
The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations...
members that seeks to aid states in preserving elements of intangible cultural heritage
Intangible cultural heritage
The concept of intangible cultural heritage emerged in the 1990s, as a counterpart to the World Heritage that focuses mainly on tangible aspects of culture...
. The Convention was originally written in 2003, and was brought into force in 2006 after its ratification by 30 member states.
Definition
Intangible cultural heritage refers to aspects of culture that are non-physical, such as musicMusic
Music is an art form whose medium is sound and silence. Its common elements are pitch , rhythm , dynamics, and the sonic qualities of timbre and texture...
, drama
Drama
Drama is the specific mode of fiction represented in performance. The term comes from a Greek word meaning "action" , which is derived from "to do","to act" . The enactment of drama in theatre, performed by actors on a stage before an audience, presupposes collaborative modes of production and a...
, folktales, and skills. The Convention defines it as follows:
The definition of intangible cultural heritage has been criticized as potentially incomplete. For example, in a 2004 article in Museum International
Museum International
Museum International is a peer-reviewed academic journal that covers research on the ethics and practices of museums and heritage organizations. It is published quarterly by Wiley-Blackwell on behalf of UNESCO. The editor-in-chief is Isabelle Vinson....
, 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". 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".
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. 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. 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.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.
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 copyrightCopyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
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.
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.
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.
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 propertyIntellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
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.
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.
Adoption
The Convention was adopted by the UNESCO General Conference in 2003, with only eight abstentions and no dissenting votes.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.