MOHD FARID HUZAIMI BIN MOHD BADERUDIN P61172 UUUK6295

Analyze current terminology(s) in the field of intangible cultural heritage and related areas. Do you think that they are satisfactory defined or correctly used?

Intangible cultural heritage, literally, covers non-physical aspects of expressions and the traditions that have been inherited by groups of people and the communities worldwide and transmitted to the next generation. It is very important because it will identify the community itself and that is why people at large try to protect the intangible cultural heritage. Intangible cultural heritage is a part of cultural heritage. Cultural heritage can be defined as anything that inherited from past generations, maintained in the present and bestowed for the benefit of future generations. The awareness to protect cultural heritage starts from the ancient times but when the first Convention appeared in International law to safeguard the cultural heritage, it only covers the tangible heritage. There is no clear position regarding intangible cultural property at that time. The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict of UNESCO (known as Hague Convention) is the earliest international document to protect the cultural heritage in response to the destruction of monuments during the Second World War. Then it followed by Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 which focused more on the protection of cultural property from being traded by using illegal means. Both of these Conventions have used the words cultural property instead of cultural heritage. Cultural property includes the physical, or "tangible" cultural heritage, such as buildings and historic places, monuments, books, documents, works of art, machines, clothing, and other artifacts, that are considered worthy of preservation for the future. These include objects significant to the archaeology, architecture, science or technology of a specific culture. As a broad category to describe the element of cultural heritage in international law, the word cultural property as had been argued, is not conclusive in term of the terminology. It may be argued that the word property gives problem when applying the legal concept involving the right of the possessor to the protection cultural resources. The word property usually must have the possessor. Thus, in international law, who becomes the possessor of the cultural property? This is the problem arisen from the terminology of property. Apart from that, the term cultural property can be interpreted to assign it to the market value by treating them as commodities. The strongest argument against the

MOHD FARID HUZAIMI BIN MOHD BADERUDIN P61172 UUUK6295

word cultural property is that it is too limited and it only includes something within the word property. Thus it only relates to the physical remains like tangible cultural property. So, it can be concluded that intangible cultural property is not incorporated in these both conventions since these conventions only focus more on culture property which has its own corporal. In 1972, there is new Convention adopted in International Law known as Convention Concerning the Protection of the World Cultural and Natural heritage. Thus, this is the beginning convention which used the word cultural heritage. The question raised here is that whether this convention focuses on intangible cultural heritage? Based on Article 1 of this convention, it has defined cultural heritage as monuments, groups of buildings and sites only. Article 2 of the convention defines natural heritage as natural features consisting physical and biological formations, geological and physiographical formations of the areas and natural sites only. The word shall in these two provisions has excluded the existence of intangible cultural heritage because they clearly focus on physical remains. Moreover, the purpose of this Convention is to concern more on the protection and conservation of tangible cultural heritage and natural heritage to the future generations. In this convention, a number of state representatives argued that the scope of this convention was too limited and it should extend to cover the action of non-physical aspects of the international community like culture, custom and beliefs Therefore, still intangible cultural heritage has not been included and protected yet. After that, more countries urged to safeguard the intangible cultural heritage motivated by their own conception of culture. As an example, Colombia proposed that a Protocol be added to the Universal Copyright Convention in order to protect folklore. Folklore consists of legends, music, oral history, proverbs, jokes, popular beliefs, fairy tales and customs that are the traditions of that culture, subculture, or group. It is also the set of practices through which those expressive genres are shared. Folklore can be said as part of intangible cultural heritage. Then, Mexico City Declaration on Cultural Policies 1982 has given new definition of culture to include not only the arts and letters but also modes of life, fundamental rights of the human being, value systems, traditions and beliefs. Thus, intangible cultural heritage had been included.

MOHD FARID HUZAIMI BIN MOHD BADERUDIN P61172 UUUK6295

Then, in 1989, the UNESCO General Conference adopted the first specific international legal instrument on intangible cultural heritage known as Recommendation on the Safeguarding of Tradition Culture and Folklore (RSTCF). This Recommendation is a good move to recognize the intangible cultural heritage in international level but has problem to implement it because it is a soft-law which does not bind any state to follow it. It is mere recommendation. During the 1990s a number of initiatives for the safeguarding of intangible cultural heritage were undertaken in the context of UNESCO such as Living Human Treasures 1994 which highlight the exceptional talented tradition bearers and craftspeople to encourage the transmission of their knowledge, knowhow and skills to the younger generations. Due to the impact of the globalization, the Program of the Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity was launch in 1998 to recognize the most remarkable expression and definition of intangible cultural heritage. From this program, action to safeguard intangible cultural heritage was completed and it leads to the UNESCO Convention for Safeguarding of Intangible Cultural Heritage (CSICH) in October 2003 and entered into force on 20 April 2006. CSICH has defined exclusively the term of intangible cultural heritage which carries the meaning of practices, representations, expressions, knowledge, skill as well as instruments, objects, artefacts and cultural spaces associated therewith to this effect and their transmission, constant recreation and history which identify these traditions to a particular group or community or individuals. From this definition, it can be said that the definition is comprehensive enough to include tangible and intangible cultural heritage. In Malaysian context, intangible cultural heritage has been defined in section 2 of National Heritage Act 2005 which includes any form of expressions, languages, lingual utterances, sayings musically produces tunes, notes, audible lyrics, songs, folksongs, oral tradition, poetry, music, dances as produced by the performing arts, theatrical plays, audible composition of sounds and music, martial arts, that may have existed or exist in relation to the heritage of Malaysia or any part of Malaysia or in relation to the heritage of a Malaysian community. It can be said that the definition given by National Heritage Act 2005 is not definite by virtue of the word includes in that provision because it can include more non-physical aspects and more objects such as ritual ceremony and beliefs.

MOHD FARID HUZAIMI BIN MOHD BADERUDIN P61172 UUUK6295

From all of these definitions, it can be said that the definition of intangible cultural heritage is wide and it will cover so many aspects from time to time after analyzing the evolution of protection of cultural heritage generally and intangible cultural heritage specifically. Apart from that, there are few terminologies that should be discussed in relation to intangible cultural heritage. The first terminology in relation to intangible cultural heritage is culture. It may be useful to begin the definition of culture by Edward Burnett Tylor which includes knowledge, belief, art, morals, law, custom, and any other capabilities and habits acquired by man as a member of society. The definition has gradually becomes more complex, in 1952, U.S anthropologists cited 164 definition of culture to include learned behavior, ideas in mind, a logical construct, a statistical fiction, a psychic defence mechanism and an abstraction from behavior. Thus, the definition of culture is too wide to include so many things. Based on Janet Blake, culture has an extensive meaning because it includes every aspect of life such as religion, social, language and socio-belief. Thus, when combine the word of culture and heritage; it cannot cover everything in society. The second terminology under the intangible cultural heritage is folklore. The term folklore is slightly different from intangible cultural heritage because intangible cultural heritage seen to have a wider scope. Literally, folklore includes legends, music, oral history, proverbs, jokes, popular beliefs, fairy tales and customs that are the traditions of that culture, subculture, or group. The word folk mean people in general and the word lore refers to the body of knowledge. The Model provisions for National Laws on the Protection of Expressions of Folklore against Illicit Exploitation and Other Prejudicial Actions by WIPO and UNESCO in 1985 divided expression of folklore into two categories: one of which is tangible expressions, and the other includes in it verbal expression such as folk tales, folk poetry, and riddles, musical expression and expression by actions. In a nutshell, it can be stated that all of the terms that have been mentioned earlier is satisfactory defined and correctly used because of few reasons. Firstly, the purpose to have international convention regarding cultural heritage is to protect and safeguard them from being illegally used, traded or obliterated. Thus, cultural heritage must be satisfactory defined to avoid from any confusion and uncertainty of the subject matters. As a matter of facts, intangible cultural heritage has covered the non-physical aspects and

MOHD FARID HUZAIMI BIN MOHD BADERUDIN P61172 UUUK6295

it must be defined in line with the cultural heritage. Secondly, the term of intangible cultural heritage under National Heritage Act 2005 is satisfactory defined because it is for the purpose to cover matters within Malaysia context and the term in CSICH also correctly defined to suit with international level but the ultimate aim of these laws is the same thing which to protect the heritage from being eliminated from the world. Next, from the evolution earlier it can be said that people now aware of their culture and custom. During arm conflicts, they had awareness to protect the tangible property only such as buildings, monuments and sites from being destroyed so that the next generation will appreciate it. After that, the awareness to protect their own culture, tradition and beliefs were blooming due to the globalization nowadays which affects their own traditions and others. That is why they need to protect all of these under the heading of intangible cultural heritage.