Professional Documents
Culture Documents
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,
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
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
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
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.
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
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.