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The Convention for the Safeguarding of the Intangible Cultural Heritage

Intangible Cultural Heritage

Photo © istockphoto
Convention for the Safeguarding of
the Intangible Cultural
Paris, 17 October 2003
The General Conference of ...Referring to existing international Noting the far-reaching impact of the
human rights instruments, in particular activities of UNESCO in establishing
the United Nations to the Universal Declaration on Human normative instruments for the protection
Educational, Scientific and Rights of 1948, the International of the cultural heritage, in particular the
Covenant on Economic, Social and Convention for the Protection of the
Cultural Organization Cultural Rights of 1966, and the World Cultural and Natural Heritage of
hereinafter referred to as International Covenant on Civil and 1972,
Political Rights of 1966,
UNESCO, meeting in Paris, Noting further that no binding
from 29 September to Considering the importance of the multilateral instrument as yet exists for
intangible cultural heritage as a main- the safeguarding of the intangible
17 October 2003, at its spring of cultural diversity and a cultural heritage,
32nd session... guarantee of sustainable development,
as underscored in the UNESCO Considering that existing international
Recommendation on the Safeguarding agreements, recommendations and
of Traditional Culture and Folklore of resolutions concerning the cultural and
1989, in the UNESCO Universal natural heritage need to be effectively
Declaration on Cultural Diversity of 2001, enriched and supplemented by means
and in the Istanbul Declaration of 2002 of new provisions relating to the
adopted by the Third Round Table of intangible cultural heritage,
Ministers of Culture,

Heritage Considering the deep-seated inter-


dependence between the intangible
cultural heritage and the tangible
cultural and natural heritage,
Considering the need to build greater
awareness, especially among the
younger generations, of the importance
of the intangible cultural heritage and of
its safeguarding,

Recognizing that the processes of Considering that the international


globalization and social transformation, community should contribute, together
alongside the conditions they create for with the States Parties to this Convention,
renewed dialogue among communities, to the safeguarding of such heritage in a
also give rise, as does the phenomenon spirit of cooperation and mutual
of intolerance, to grave threats of assistance,
deterioration, disappearance and
Photo © UNESCO/F.Brugman

destruction of the intangible cultural Recalling UNESCO’s programmes


heritage, in particular owing to a lack of relating to the intangible cultural
resources for safeguarding such heritage, heritage, in particular the Proclamation of
Masterpieces of the Oral and Intangible
Being aware of the universal will and the Heritage of Humanity,
common concern to safeguard the
intangible cultural heritage of humanity, Considering the invaluable role of the
intangible cultural heritage as a factor in
Recognizing that communities, in bringing human beings closer together
particular indigenous communities, and ensuring exchange and
groups and, in some cases, individuals, understanding among them,
L The Moussem of play an important role in the production,
Photo © J.Ségur / UNESCO

Tan-Tan, Morocco safeguarding, maintenance and re- Adopts this Convention on this
J The Woodcrafting creation of the intangible cultural seventeenth day of October 2003.
Knowledge of the heritage, thus helping to enrich cultural
Zafimaniry, Madagascar diversity and human creativity,
4 . INTANGIBLE CULTURAL HERITAGE

I. GENERAL PROVISIONS interaction with nature and their


Article 1: Purposes of the Convention history, and provides them with a
The purposes of this Convention are: sense of identity and continuity, thus
(a) to safeguard the intangible cultural promoting respect for cultural diversity
heritage; and human creativity. For the purposes
(b) to ensure respect for the intangible of this Convention, consideration will
cultural heritage of the communities, be given solely to such intangible
groups and individuals concerned; cultural heritage as is compatible with
(c) to raise awareness at the local, national existing international human rights
and international levels of the instruments, as well as with the
importance of the intangible cultural requirements of mutual respect among
Photo © Instituto Nicaragüense de Cultura (INC)

heritage, and of ensuring mutual communities, groups and individuals,


appreciation thereof; and of sustainable development.
(d) to provide for international
cooperation and assistance. 2. The ‘intangible cultural heritage’, as
defined in paragraph 1 above, is
Article 2: Definitions manifested inter alia in the following
For the purposes of this Convention, domains:
1. The ‘intangible cultural heritage’means (a) oral traditions and expressions,
L El Güegüense, Nicaragua the practices, representations, including language as a vehicle of
expressions, knowledge, skills – as well the intangible cultural heritage;
as the instruments, objects, artefacts (b) performing arts;
and cultural spaces associated (c) social practices, rituals and festive
therewith – that communities, groups events;
and, in some cases, individuals (d) knowledge and practices
recognize as part of their cultural concerning nature and the
heritage. This intangible cultural universe;
heritage, transmitted from generation (e) traditional craftsmanship.
to generation, is constantly recreated
K The Cultural Space of the by communities and groups in 3. ‘Safeguarding’ means measures aimed
Boysun District, Uzbekistan response to their environment, their at ensuring the viability of the
intangible cultural heritage, including
the identification, documentation,
research, preservation, protection,
promotion, enhancement,
transmission, particularly through
formal and non formal education, as
well as the revitalization of the various
aspects of such heritage.

4. ‘States Parties’ means States which are


bound by this Convention and among
which this Convention is in force.

5. This Convention applies mutatis


mutandis to the territories referred to
in Article 33 which become Parties to
this Convention in accordance with
Photo © UNESCO

the conditions set out in that Article.


To that extent the expression ‘States
Parties’ also refers to such territories.
THE 2003 CONVENTION . 5

Article 3: Relationship to other once this Convention enters into force (b) provide guidance on best practices
international instruments in accordance with Article 34. and make recommendations on
Nothing in this Convention may be measures for the safeguarding of the
interpreted as: 2. The number of States Members of the intangible cultural heritage;
(a) altering the status or diminishing the Committee shall be increased to 24 (c) prepare and submit to the General
level of protection under the 1972 once the number of the States Parties Assembly for approval a draft plan for
Convention concerning the Protection to the Convention reaches 50. the use of the resources of the Fund, in
of the World Cultural and Natural accordance with Article 25;
Heritage of World Heritage properties Article 6: Election and terms of office of (d) seek means of increasing its resources,
with which an item of the intangible States Members of the Committee and to take the necessary measures to
cultural heritage is directly associated; 1. The election of States Members of the this end, in accordance with Article 25;
or Committee shall obey the principles of (e) prepare and submit to the General
(b) affecting the rights and obligations of equitable geographical representation Assembly for approval operational
States Parties deriving from any and rotation. directives for the implementation of
international instrument relating to this Convention;
intellectual property rights or to the 2. States Members of the Committee (f ) examine, in accordance with Article
use of biological and ecological shall be elected for a term of four years 29, the reports submitted by States
resources to which they are parties. by States Parties to the Convention Parties, and to summarize them for the
meeting in General Assembly. General Assembly;
II. ORGANS OF THE CONVENTION (g) examine requests submitted by States
Article 4: General Assembly of the States 3. However, the term of office of half of Parties, and to decide thereon, in
Parties the States Members of the Committee accordance with objective selection
1. A General Assembly of the States elected at the first election is limited to criteria to be established by the
Parties is hereby established, two years. These States shall be chosen Committee and approved by the
hereinafter referred to as ‘the General by lot at the first election. General Assembly for:
Assembly’. The General Assembly is the (i) inscription on the lists and
sovereign body of this Convention. 4. Every two years, the General Assembly proposals mentioned under Articles
shall renew half of the States Members 16, 17 and 18;
2. The General Assembly shall meet in of the Committee. (ii) the granting of international
ordinary session every two years. It may assistance in accordance with
meet in extraordinary session if it so 5. It shall also elect as many States Article 22.
decides or at the request either of the Members of the Committee as
Intergovernmental Committee for the required to fill vacancies.
Safeguarding of the Intangible Cultural
Heritage or of at least one-third of the 6. A State Member of the Committee
States Parties. may not be elected for two
consecutive terms.
3. The General Assembly shall adopt its
own Rules of Procedure. 7. States Members of the Committee shall
choose as their representatives persons
Article 5: Intergovernmental Committee who are qualified in the various fields
for the Safeguarding of the Intangible of the intangible cultural heritage.
Cultural Heritage
1. An Intergovernmental Committee for Article 7: Functions of the Committee
Photo © Philippe Bordas / UNESCO

the Safeguarding of the Intangible Without prejudice to other prerogatives


Cultural Heritage, hereinafter referred granted to it by this Convention, the
to as ‘the Committee’, is hereby functions of the Committee shall be to:
established within UNESCO. It shall be
composed of representatives of 18 (a) promote the objectives of the
States Parties, elected by the States Convention, and to encourage and
Parties meeting in General Assembly, monitor the implementation thereof; L The Cultural Space of
Sosso-Bala, Guinea
6 . INTANGIBLE CULTURAL HERITAGE

Article 8: Working methods of the III. SAFEGUARDING OF THE


Committee INTANGIBLE CULTURAL HERITAGE
1. The Committee shall be answerable to AT THE NATIONAL LEVEL
the General Assembly. It shall report to Article 11: Role of States Parties
it on all its activities and decisions. Each State Party shall:

Photo © Agency for Cultural Affairs/AOKI Shinji


(a) take the necessary measures to ensure
2. The Committee shall adopt its own the safeguarding of the intangible
Rules of Procedure by a two-thirds cultural heritage present in its territory;
majority of its Members. (b) among the safeguarding measures
referred to in Article 2, paragraph 3,
3. The Committee may establish, on a identify and define the various
temporary basis, whatever ad hoc elements of the intangible cultural
consultative bodies it deems heritage present in its territory, with
necessary to carry out its task. the participation of communities,
groups and relevant non-
4. The Committee may invite to its governmental organizations.
meetings any public or private bodies,
as well as private persons, with Article 12: Inventories
recognized competence in the various 1. To ensure identification with a view to
Photo © Fernando Brugman / UNESCO

fields of the intangible cultural safeguarding, each State Party shall


heritage, in order to consult them on draw up, in a manner geared to its own
specific matters. situation, one or more inventories of
the intangible cultural heritage present
Article 9: Accreditation of advisory in its territory. These inventories shall be
organizations regularly updated.
1. The Committee shall propose to the
General Assembly the accreditation of 2. When each State Party periodically
non-governmental organizations with submits its report to the Committee, in
recognized competence in the field of accordance with Article 29, it shall
Photo © Bangladesh National Commission for UNESCO

the intangible cultural heritage to act provide relevant information on such


in an advisory capacity to the inventories.
Committee.
Article 13: Other measures for
2. The Committee shall also propose to safeguarding
the General Assembly the criteria for To ensure the safeguarding, development
and modalities of such accreditation. and promotion of the intangible cultural
heritage present in its territory, each State
Article 10: The Secretariat Party shall endeavour to:
LLL Ningyo Johuri 1. The Committee shall be assisted by (a) adopt a general policy aimed at
Bunraku Puppet Theatre, the UNESCO Secretariat. promoting the function of the
Japan intangible cultural heritage in society,
LL The Uyghur Muqam of 2. The Secretariat shall prepare the and at integrating the safeguarding of
Xinjiang, China documentation of the General such heritage into planning
Assembly and of the Committee, as programmes;
L Baul Songs, Bangladesh
well as the draft agenda of their (b) designate or establish one or more
I Oxherding and Oxcart meetings, and shall ensure the competent bodies for the
Traditions, Costa Rica implementation of their decisions. safeguarding of the intangible cultural
heritage present in its territory;
(c) foster scientific, technical and artistic
studies, as well as research
methodologies, with a view to
effective safeguarding of the
THE 2003 CONVENTION . 7

intangible cultural heritage, in (ii) specific educational and training IV. SAFEGUARDING OF THE
particular the intangible cultural programmes within the INTANGIBLE CULTURAL HERITAGE
heritage in danger; communities and groups AT THE INTERNATIONAL LEVEL
(d) adopt appropriate legal, technical, concerned; Article 16: Representative List of the
administrative and financial measures (iii) capacity-building activities for the Intangible Cultural Heritage of Humanity
aimed at: safeguarding of the intangible 1. In order to ensure better visibility of
(i) fostering the creation or cultural heritage, in particular the intangible cultural heritage and
strengthening of institutions for management and scientific awareness of its significance, and to
training in the management of the research; and encourage dialogue which respects
intangible cultural heritage and the (iv) non-formal means of transmitting cultural diversity, the Committee, upon
transmission of such heritage knowledge; the proposal of the States Parties
through forums and spaces (b) keep the public informed of the concerned, shall establish, keep up to
intended for the performance or dangers threatening such heritage, date and publish a Representative List
expression thereof; and of the activities carried out in of the Intangible Cultural Heritage of
(ii) ensuring access to the intangible pursuance of this Convention; Humanity.
cultural heritage while respecting (c) promote education for the protection
customary practices governing of natural spaces and places of 2. The Committee shall draw up and
access to specific aspects of such memory whose existence is necessary submit to the General Assembly for
heritage; for expressing the intangible cultural approval the criteria for the
(iii) establishing documentation heritage. establishment, updating and
institutions for the intangible publication of this Representative List.
cultural heritage and facilitating Article 15: Participation of communities,
access to them. groups and individuals Article 17: List of Intangible Cultural
Within the framework of its safeguarding Heritage in Need of Urgent Safeguarding
Article 14: Education, awareness-raising activities of the intangible cultural 1. With a view to taking appropriate
and capacity-building heritage, each State Party shall endeavour safeguarding measures, the
Each State Party shall endeavour, by all to ensure the widest possible Committee shall establish, keep up to
appropriate means, to: participation of communities, groups and, date and publish a List of Intangible
a) ensure recognition of, respect for, and where appropriate, individuals that create, Cultural Heritage in Need of Urgent
enhancement of the intangible maintain and transmit such heritage, and Safeguarding, and shall inscribe such
cultural heritage in society, in to involve them actively in its heritage on the List at the request of
particular through: management. the State Party concerned.
(i) educational, awareness-raising and
information programmes, aimed at 2. The Committee shall draw up and
the general public, in particular submit to the General Assembly for
young people; approval the criteria for the
establishment, updating and
Photo © Ministerio de Cultura, Juventud y Deportes

publication of this List.

3. In cases of extreme urgency – the


objective criteria of which shall be
approved by the General Assembly
upon the proposal of the Committee –
the Committee may inscribe an item
of the heritage concerned on the List
mentioned in paragraph 1, in consul-
tation with the State Party concerned.
8 . INTANGIBLE CULTURAL HERITAGE

Article 18: Programmes, projects and efforts to safeguard the intangible


activities for the safeguarding of the cultural heritage.
intangible cultural heritage
1. On the basis of proposals submitted 2. Without prejudice to the provisions of
by States Parties, and in accordance their national legislation and
with criteria to be defined by the customary law and practices, the States
Committee and approved by the Parties recognize that the safeguarding
General Assembly, the Committee of intangible cultural heritage is of
Photo © Wande Abimbola
shall periodically select and promote general interest to humanity, and to
national, subregional and regional that end undertake to cooperate at the
programmes, projects and activities for bilateral, subregional, regional and
the safeguarding of the heritage which international levels.
it considers best reflect the principles
and objectives of this Convention, Article 20: Purposes of international
L The Ifa Divination System, taking into account the special needs assistance
Nigeria of developing countries. International assistance may be granted
for the following purposes:
2. To this end, it shall receive, examine (a) safeguarding of the heritage inscribed
and approve requests for international on the List of Intangible Cultural
assistance from States Parties for the Heritage in Need of Urgent
preparation of such proposals. Safeguarding;
(b) the preparation of inventories in the
3. The Committee shall accompany the sense of Articles 11 and 12;
implementation of such projects, (c) support for programmes, projects and
programmes and activities by activities carried out at the national,
iiii Canto a tenore, disseminating best practices using subregional and regional levels aimed
Sardinian Pastoral Songs, means to be determined by it. at the safeguarding of the intangible
Italy cultural heritage;
V. INTERNATIONAL COOPERATION (d) any other purpose the Committee
iii The Cultural Space of AND ASSISTANCE may deem necessary.
the Bedu in Petra and Wadi
Article 19: Cooperation
Rum, Jordan
1. For the purposes of this Convention, Article 21: Forms of international
international cooperation includes, assistance
ii The Ahellil of Gourara,
Algeria inter alia, the exchange of information The assistance granted by the Committee
and experience, joint initiatives, and to a State Party shall be governed by the
K The Patum of Berga, the establishment of a mechanism of operational directives foreseen in Article 7
Spain assistance to States Parties in their and by the agreement referred to in
Photo © Manel Escobet i Giró / UNESCO Photo © CNRPAH / UNESCO
THE 2003 CONVENTION . 9

Article 24, and may take the following Article 23: Requests for international VI. INTANGIBLE CULTURAL
forms: assistance HERITAGE FUND
(a) studies concerning various aspects of 1. Each State Party may submit to the Article 25: Nature and resources of the
safeguarding; Committee a request for international Fund
(b) the provision of experts and assistance for the safeguarding of the 1. A ‘Fund for the Safeguarding of the
practitioners; intangible cultural heritage present in Intangible Cultural Heritage’, hereinafter
(c) the training of all necessary staff; its territory. referred to as ‘the Fund’, is hereby
(d) the elaboration of standard-setting established.
and other measures; 2. Such a request may also be jointly
(e) the creation and operation of submitted by two or more States 2. The Fund shall consist of funds-in-trust
infrastructures; Parties. established in accordance with the
(f ) the supply of equipment and know- Financial Regulations of UNESCO.
how; 3. The request shall include the
(g) other forms of financial and technical information stipulated in Article 22, 3. The resources of the Fund shall consist
assistance, including, where paragraph 1, together with the of:
appropriate, the granting of low- necessary documentation. (a) contributions made by States
interest loans and donations. Parties;
Article 24: Role of beneficiary States (b) funds appropriated for this purpose
Article 22: Conditions governing Parties by the General Conference of
international assistance 1. In conformity with the provisions of UNESCO;
1. The Committee shall establish the this Convention, the international (c) contributions, gifts or bequests
procedure for examining requests for assistance granted shall be regulated which
international assistance, and shall by means of an agreement between may be made by:
specify what information shall be the beneficiary State Party and the (i) other States;
included in the requests, such as the Committee. (i) organizations and programmes
measures envisaged and the of the United Nations system,
interventions required, together with 2. As a general rule, the beneficiary State particularly the United Nations
an assessment of their cost. Party shall, within the limits of its Development Programme, as
resources, share the cost of the well as other international
2. In emergencies, requests for assistance safeguarding measures for which organizations;
shall be examined by the Committee international assistance is provided. (i) public or private bodies or
as a matter of priority. individuals;
3. The beneficiary State Party shall (d) any interest due on the resources
3. In order to reach a decision, the submit to the Committee a report on of the Fund;
Committee shall undertake such the use made of the assistance (e) funds raised through collections,
studies and consultations as it deems provided for the safeguarding of the and receipts from events organized
necessary. intangible cultural heritage. for the benefit of the Fund;
Photo © National Commission of Jordan Photo © Franco Stefano Ruiu
(f ) any other resources authorized by
the Fund’s regulations, to be drawn
up by the Committee.

4. The use of resources by the


Committee shall be decided on the
basis of guidelines laid down by the
General Assembly.

5. The Committee may accept


contributions and other forms of
assistance for general and specific
purposes relating to specific projects,
provided that those projects have
been approved by the Committee.
10 . INTANGIBLE CULTURAL HERITAGE

I The Cultural Space and


Oral Culture of the Semeiskie,
Russian Federation

II The Gangneung Danoje


Festival, Republic of Korea

III The Makishi


Masquerade, Zambia

IIII Language, Dance


and Music of the Garifuna,
Belize, Guatemala,
Honduras and Nicaragua

Photo © Russian State House of the People Creativity Ministry of Culture

6. No political, economic or other declaration by notifying the Director-


conditions which are incompatible General of UNESCO. However, the
with the objectives of this Convention withdrawal of the declaration shall not
may be attached to contributions take effect in regard to the
Photo © Instituto Nacional de Cultura / Dante Villafuerte

made to the Fund. contribution due by the State until the


date on which the subsequent session
Article 26: Contributions of States Parties of the General Assembly opens.
to the Fund
1. Without prejudice to any supplementary 4. In order to enable the Committee to
voluntary contribution, the States Parties plan its operations effectively, the
to this Convention undertake to pay into contributions of States Parties to this
the Fund, at least every two years, a Convention which have made the
contribution, the amount of which, in declaration referred to in paragraph 2
L Taquila and its Textile Art, the form of a uniform percentage of this Article shall be paid on a regular
Peru applicable to all States, shall be basis, at least every two years, and
determined by the General Assembly. should be as close as possible to the
This decision of the General Assembly contributions they would have owed if
shall be taken by a majority of the States they had been bound by the
Parties present and voting which have provisions of paragraph 1 of this Article.
not made the declaration referred to in
paragraph 2 of this Article. In no case 3. Any State Party to this Convention which
shall the contribution of the State Party is in arrears with the payment of its
exceed 1% of its contribution to the compulsory or voluntary contribution
regular budget of UNESCO. for the current year and the calendar
year immediately preceding it shall not
2. However, each State referred to in be eligible as a Member of the
Article 32 or in Article 33 of this Committee; this provision shall not apply
Convention may declare, at the time of to the first election. The term of office of
the deposit of its instruments of any such State which is already a
ratification, acceptance, approval or Member of the Committee shall come
accession, that it shall not be bound to an end at the time of the elections
by the provisions of paragraph 1 of this provided for in Article 6 of this
Article. Convention.

3. A State Party to this Convention which


has made the declaration referred to in
paragraph 2 of this Article shall
endeavour to withdraw the said
THE 2003 CONVENTION . 11

Photo © Kim Jong-Dal © Zambia National Commission for UNESCO Photo © National Garifuna Council Language, Dance and Music of the Garifuna

Article 27: Voluntary supplementary VIII. TRANSITIONAL CLAUSE Article 33: Accession
contributions to the Fund Article 31: Relationship to the 1. This Convention shall be open to
States Parties wishing to provide Proclamation of Masterpieces of the Oral accession by all States not Members of
voluntary contributions in addition to and Intangible Heritage of Humanity UNESCO that are invited by the
those foreseen under Article 26 shall General Conference of UNESCO to
inform the Committee, as soon as 1. The Committee shall incorporate in accede to it.
possible, so as to enable it to plan its the Representative List of the
operations accordingly. Intangible Cultural Heritage of 2. This Convention shall also be open to
Humanity the items proclaimed accession by territories which enjoy
Article 28: International fund-raising ‘Masterpieces of the Oral and full internal self-government
campaigns Intangible Heritage of Humanity’ recognized as such by the United
The States Parties shall, insofar as is before the entry into force of this Nations, but have not attained full
possible, lend their support to Convention. independence in accordance with
international fund-raising campaigns General Assembly resolution 1514
organized for the benefit of the Fund 2. The incorporation of these items in the (XV), and which have competence
under the auspices of UNESCO. Representative List of the Intangible over the matters governed by this
Cultural Heritage of Humanity shall in Convention, including the
VII. REPORTS no way prejudge the criteria for future competence to enter into treaties in
Article 29: Reports by the States Parties inscriptions decided upon in respect of such matters.
The States Parties shall submit to the accordance with Article 16, paragraph 2.
Committee, observing the forms and 3. The instrument of accession shall be
periodicity to be defined by the 3. No further Proclamation will be made deposited with the Director-General of
Committee, reports on the legislative, after the entry into force of this UNESCO.
regulatory and other measures taken for Convention.
the implementation of this Convention. Article 34: Entry into force
IX. FINAL CLAUSES This Convention shall enter into force
Article 30: Reports by the Committee Article 32: Ratification, acceptance or three months after the date of the deposit
1. On the basis of its activities and the approval of the thirtieth instrument of ratification,
reports by States Parties referred to in 1. This Convention shall be subject to acceptance, approval or accession, but
Article 29, the Committee shall submit ratification, acceptance or approval by only with respect to those States that have
a report to the General Assembly at States Members of UNESCO in deposited their respective instruments of
each of its sessions. accordance with their respective ratification, acceptance, approval, or
constitutional procedures. accession on or before that date. It shall
2. The report shall be brought to the enter into force with respect to any other
attention of the General Conference of 2. The instruments of ratification, State Party three months after the deposit
UNESCO. acceptance or approval shall be of its instrument of ratification,
deposited with the Director-General of acceptance, approval or accession.
UNESCO.
With the support of the Government
of Norway

Article 35: Federal or non-unitary Article 38: Amendments


constitutional systems 1. A State Party may, by written
The following provisions shall apply to communication addressed to the
States Parties which have a federal or Director-General, propose
non-unitary constitutional system: amendments to this Convention. The
(a) with regard to the provisions of this Director-General shall circulate such
Convention, the implementation of communication to all States Parties. If, Intangible
which comes under the legal within six months from the date of the Cultural
jurisdiction of the federal or central circulation of the communication, not Heritage
legislative power, the obligations of less than one half of the States Parties
the federal or central government shall reply favourably to the request, the
be the same as for those States Parties Director-General shall present such
which are not federal States; proposal to the next session of the
(b) with regard to the provisions of this General Assembly for discussion and
Convention, the implementation of possible adoption. 6. A State which becomes a Party to this
which comes under the jurisdiction of Convention after the entry into force
individual constituent States, countries, 2. Amendments shall be adopted by a of amendments in conformity with
provinces or cantons which are not two-thirds majority of States Parties paragraph 4 of this Article shall, failing
obliged by the constitutional system of present and voting. an expression of different intention, be
the federation to take legislative considered:
measures, the federal government shall 3. Once adopted, amendments to this (a) as a Party to this Convention as so
inform the competent authorities of Convention shall be submitted for amended; and
such States, countries, provinces or ratification, acceptance, approval or (b) as a Party to the unamended
cantons of the said provisions, with its accession to the States Parties. Convention in relation to any State
recommendation for their adoption. Party not bound by the
4. Amendments shall enter into force, amendments.
Article 36: Denunciation but solely with respect to the States
1. Each State Party may denounce this Parties that have ratified, accepted, Article 39: Authoritative texts
Convention. approved or acceded to them, three This Convention has been drawn up in
months after the deposit of the Arabic, Chinese, English, French, Russian
2. The denunciation shall be notified by instruments referred to in paragraph 3 and Spanish, the six texts being equally
an instrument in writing, deposited of this Article by two-thirds of the authoritative.
with the Director-General of UNESCO. States Parties. Thereafter, for each State
Party that ratifies, accepts, approves or Article 40: Registration
3. The denunciation shall take effect twelve accedes to an amendment, the said In conformity with Article 102 of the
months after the receipt of the amendment shall enter into force Charter of the United Nations, this
instrument of denunciation. It shall in no three months after the date of deposit Convention shall be registered with the
way affect the financial obligations of the by that State Party of its instrument of Secretariat of the United Nations at the

Photo © iStockphoto
denouncing State Party until the date on ratification, acceptance, approval or request of the Director-General of
which the withdrawal takes effect. accession. UNESCO.

Article 37: Depositary functions 5. The procedure set out in paragraphs 3


K Four Dogon Dancers with Masks and Stilts, village of Irelli, Mali

The Director-General of UNESCO, as the and 4 shall not apply to amendments


Depositary of this Convention, shall inform to Article 5 concerning the number of
the States Members of the Organization, the States Members of the Committee.
States not Members of the Organization These amendments shall enter into
referred to in Article 33, as well as the United force at the time they are adopted.
Nations, of the deposit of all the instruments
of ratification, acceptance, approval or
accession provided for in Articles 32 and 33,
and of the denunciations provided for in
Article 36. Intangible cultural heritage, transmitted from generation to
generation, is constantly recreated by communities and groups,
and provides them with a sense of identity and continuity, thus
promoting respect for cultural diversity and human creativity.

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