Discussion paper: Possible ways to deal with ‘similar elements’: the extension of an inscribed element and the nomination of ‘serial elements’ Meeting of the Open ended intergovernmental working group on the ‘right’ scale or scope of an element Paris, 22 and 23 October 2012 Ahmed Skounti

Situation of the problem “element”, “similar elements”, “extension of an element” and “serial elements” are undefined Article 11b: “identify and define the various elements of the intangible cultural heritage present in its territory…” Article 31: relation with the Proclamation of the Masterpieces of the Oral and Intangible Heritage of Humanity / Representative List of the Intangible Cultural Heritage of Humanity

Situation of the problem… continuation “element” appears in 35 paragraphs of the Operational Directives “similar elements”, “extension of an element” and “serial elements” do not appear Cf. World Heritage Convention on similar questions

The impossible similarity with regard to intangible cultural heritage Each thing, event, process or situation is unique A fortiori, intangible elements Difficult to define criteria, scales, signs or percentages to attest or disprove similarity

About similarity in cultural heritage Different heritages and irreducible to each other Communities see differences / States see similarities or hierarchies World Heritage: “comparative assessment” → “comparative analysis”

As regards intangible cultural heritage Different types of similarities: Internal: an element within a single State Party External: an existing element in two or more States Parties Simple: two ICH elements Complex: more than two ICH elements De facto: elements inscribed and elements not inscribed or nominated

Similarity, a source of conflict Nominations from States Parties referring to elements similar to the nominated element present in the territory of other States Bi-national or multinational nominations that come before the Committee and are inscribed

Presentation of “serial elements” What about World Heritage? –Paragraph 137 related because they belong to: a) the same historical-cultural group; b) the same type of property which is characteristic of the geographical area, and provided that the series as a whole – and not necessarily its individual parts – has Outstanding Universal Value –Paragraph 138 a serial nominated property may occur: a) on the territory of a single State Party (serial national property); or b) within the territory of different States Parties, which need not be contiguous (serial transnational property) –Paragraph 139 : phasing over time the nomination of serial elements

What about ICH? Word “series” absent from the Operational Directives Paragraph 13: State Parties are encouraged to submit multi-national nominations “when an element is found on the territory of more than one State Party” Only the international level is concerned

Questions raised by serial elements (1) Do they necessarily cover the same or similar domains of ICH (Article 2.2)? Should each element meet all the criteria? Should the series be consistent? How? What minimum and maximum number of elements compose it?

Questions raised by serial elements (2) What relationship between the components of the series? “National series" vs. “multinational series” A question of scale? A difference of nature? What to do when an element of the series experiences safeguarding problems? Are classic “cultural areas” still relevant? / “diasporic series”

Extension of an inscribed element World Heritage: “minor modifications to the boundaries” / “extension” Using cartography Things are quite different for ICH

What happens then for ICH? Paragraph 14 of DO “One or more States Parties may, with the agreement of each State Party concerned, propose inscription on an extended basis of an element already inscribed. The States Parties concerned submit together a nomination showing that the element, as extended, satisfies all of the criteria set out in paragraph 1 for the List of Intangible Cultural Heritage in Need of Urgent Safeguarding and paragraph 2 for the Representative List of the Intangible Cultural Heritage of Humanity” Transnational dimension

Types of extension Internal or external Bipartite or multipartite Homogeneous or heterogeneous

To conclude Reality is always ahead of law New provisions introduced in any future revision of the Operational Directives