2003 Intangible Cultural Heritage Convention

2003 Intangible Cultural Heritage Convention
Name	2003 Intangible Cultural Heritage Convention
Adopted	2003
Entry into force	2006
Administered by	UNESCO
Type	Cultural heritage convention
Languages	Arabic, Chinese, English, French, Russian, Spanish

2003 Intangible Cultural Heritage Convention The 2003 Intangible Cultural Heritage Convention is a multilateral treaty administered by UNESCO that establishes international standards for safeguarding living traditions such as festivals, performing arts, and oral traditions. The instrument was negotiated among member states including France, Japan, Mexico, Egypt and South Africa, adopted in 2003, and entered into force in 2006 after ratification processes in capitals such as Paris, Tokyo, Mexico City, Cairo, and Pretoria.

Background and adoption

Negotiations leading to the Convention involved delegations from UNESCO member states, experts from institutions like the Smithsonian Institution, representatives of indigenous groups including delegates linked to Assembly of First Nations and observers from intergovernmental bodies such as the International Labour Organization. Debates referenced prior international instruments including the World Heritage Convention and the UN Declaration on the Rights of Indigenous Peoples, and drew on case studies from Bolivia, China, India, Italy, and Senegal. The diplomatic conference that adopted the treaty featured speakers from ministries in Berlin, Ottawa, New Delhi, Rome, and Brussels and culminated in a text endorsed by delegations chaired by officials from Norway and Brazil.

Objectives and key principles

The Convention's primary objective is safeguarding intangible cultural heritage through measures that promote respect for cultural diversity and human creativity, building on principles espoused by UNESCO, United Nations organs, and regional organizations such as the European Union and the African Union. It emphasizes community participation and the role of bearers and practitioners from groups including Roma people, Sámi people, Maori people, Navajo Nation, and Aboriginal Australians in transmission and revitalization initiatives. The instrument also invokes protections consonant with human rights standards championed by bodies like the OHCHR and aligns with cultural policies referenced by ministries in Seoul, Hanoi, and Rabat.

Definitions and scope

The Convention defines "intangible cultural heritage" to include oral traditions, performing arts, social practices, rituals, festive events, knowledge and practices concerning nature and the universe, and skills in traditional craftsmanship, with illustrative examples from cultures such as the Kabuki theatre of Japan, the Flamenco traditions of Spain, the Carnival of Oruro in Bolivia, the Tango of Argentina, and the Silat martial arts of Indonesia. Its scope distinguishes living heritage from tangible heritage protected under instruments like the World Heritage List and cultural property regimes such as the UNIDROIT Convention. The text references claimants and stakeholders drawn from municipalities like Istanbul, Accra, Lima, Lisbon, and Hanoi.

Implementation mechanisms

Implementation relies on national inventories prepared by States Parties and supported by capacity-building programs coordinated by UNESCO and partner organizations such as the International Federation of Library Associations and Institutions, the International Council on Monuments and Sites, and regional bodies like the Organization of American States. Operational measures include education initiatives in institutions such as Sorbonne University, vocational training projects linked to institutions like Central Saint Martins, and exchange programs involving cultural institutions in Beijing, Seoul, Paris, and New York City. The Convention established a governing body, the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage, which meets in venues including UNESCO Headquarters and liaises with lists and networks drawn from capitals such as Bangkok, Hanoi, and Kigali.

Lists and inventories

The treaty created mechanisms for international recognition through a Representative List and a List of Intangible Cultural Heritage in Need of Urgent Safeguarding, building on national inventories maintained by States Parties including examples from Morocco, Turkey, Portugal, Greece, and Philippines. Nominations originate from communities, NGOs, academic institutions such as University of Oxford and National Autonomous University of Mexico, and municipal authorities in cities like Seville, Quebec City, and Hanoi. The Representative List features entries such as the Mediterranean diet, the Peking opera, the Nawruz celebrations, the Argentine tango, and the Lost Wax casting traditions, while the Urgent Safeguarding List has contained entries spotlighting practices in Yemen, Syria, Chad, and Haiti.

State obligations and reporting

States Parties undertake measures that include safeguarding, policy formulation, legislation, and periodic reporting to UNESCO via the Intergovernmental Committee, with national focal points often hosted by ministries in Berlin, Hanoi, Addis Ababa, Buenos Aires, and Dhaka. Obligations require consultation with practitioners from communities such as Basque people, Inuit, Huli people, Baloch people, and Zulu people, and coordination with organizations like the World Intellectual Property Organization where issues of traditional knowledge and cultural expressions arise. Periodic reports submitted to the Committee document inventories, safeguarding projects, capacity-building workshops, and partnerships with institutions including Getty Conservation Institute and International Council on Archives.

Criticism and controversies

Critics from scholars at institutions like Harvard University, SOAS University of London, and University of Cape Town have argued that the Convention can facilitate cultural commodification, citing cases involving tourism development in Bali, the commercialization of Maasai dress in Kenya, patent disputes affecting traditional medicine in India, and tensions over intangible heritage nominations between China and South Korea regarding culinary claims. Human rights advocates associated with Amnesty International and Human Rights Watch have raised concerns about representation of marginalized groups such as Uyghurs, Rohingya, and Kurds in state-led inventories, while legal scholars linked to Columbia Law School and Yale Law School debate intersections with intellectual property regimes and the World Trade Organization.

Category:UNESCO treaties