Intangible Cultural Heritage Section The Convention for the Safeguarding of the Intangible Cultural Heritage Frank Proschan Intangible Cultural Heritage Section UNESCO European Parliament – Intergroup for Traditional Minorities, National Communities and Languages 9 June 2011 – Strasbourg

135 States have ratified the Convention to date Broad international consensus 135 States have ratified the Convention to date

Universal will and common concern The Convention: ‘consider[s] the importance of the intangible cultural heritage as a mainspring of cultural diversity and a guarantee of sustainable development…’ (Preamble) ‘being aware of the universal will and the common concern to safeguard the intangible cultural heritage of humanity…’ (Preamble)

Communities, groups and individuals The Convention: ‘recogniz[es] that communities, in particular indigenous communities, groups and, in some cases, individuals, play an important role in the production, safeguarding, maintenance and recreation of the intangible cultural heritage, thus helping to enrich cultural diversity and human creativity…’ (Preamble)

Objectives and purposes of the Convention Safeguard the intangible cultural heritage Ensure respect for the ICH of communities Raise awareness of its importance and ensure mutual appreciation Provide for international cooperation and assistance

Defining intangible cultural heritage Article 2.1: The ‘intangible cultural heritage’ means the practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artefacts and cultural spaces associated therewith – that communities, groups and, in some cases, individuals recognize as part of their cultural heritage.

Defining intangible cultural heritage Article 2.1, continued: This intangible cultural heritage, transmitted from generation to generation, is constantly recreated by communities and groups in response to their environment, their interaction with nature and their history, and provides them with a sense of identity and continuity, thus promoting respect for cultural diversity and human creativity.

Defining intangible cultural heritage Article 2.1, continued: For the purposes of this Convention, consideration will be given solely to such intangible cultural heritage as is compatible with existing international human rights instruments, as well as with the requirements of mutual respect among communities, groups and individuals, and of sustainable development.

Safeguarding obligations at the national level 'Take the necessary measures…' 'Identify and define' (i.e., inventory) Policy and institutional framework Education, awareness-raising, capacity- building Ensure the widest possible partici- pation of communities, groups and individuals and involve them actively in management of ICH

Two lists, a register and international assistance List of Intangible Cultural Heritage in Need of Urgent Safeguarding Representative List of the Intangible Cultural Heritage of Humanity Register of Best Practices (programmes, projects and activities best reflecting the principles of the Convention) Financial assistance to support State safeguarding efforts

Reciprocal relations (and/or circular definitions) Recognition & definition; creation, practice and transmission; ownership Communities, groups, individuals concerned Intangible cultural heritage Sense of identity & continuity, enjoyment, self-respect; sustainability, livelihood, etc.

Whose heritage is it, anyway? Convention never refers to ICH belonging to a country, nation or State – rather, it speaks of 'ICH present in its territory'… …but it does speak of communities, groups and individuals recognizing their cultural heritage.

Communities: intentional ambiguity No precise definition – experts have resisted temptation to seek exactitude Not intended to imply any particular legal or political status, as may exist within one or another national context States and the Committee have taken a flexible and not always perfectly consistent approach to identifying community

Free, prior and informed consent: a clear standard Operational Directives require free, prior and informed consent for: Nominations to the Urgent Safeguarding List or Representative List Proposals of safeguarding projects to the Register of Best Practices And encourage it for: Awareness-raising activities

What place for endangered languages? The art of compromise and the price of broad international consensus: Art. 2.2: The ‘intangible cultural heritage’, as defined in paragraph 1 above, is manifested inter alia in the following domains: (a) oral traditions and expressions, including language as a vehicle of the intangible cultural heritage […]

What place for endangered languages? That provision is generally understood to exclude languages as such from the scope of the Convention… …but States are of course free to decide otherwise – and the Committee has not yet had to express its understanding.

Shared heritage and ICH across borders Committee is preoccupied to encourage multi-national nominations, where same or similar ICH is practised in more than one State. Priority given for examination Mechanism to facilitate joint nominations Enlargement of existing inscriptions Cooperation and exchange of research and documentation

Shared heritage and ICH across borders Will cooperation extend to disfavoured minorities and/or Stateless peoples? Will Iran, Iraq, Syria and Turkey cooperate to safeguard Kurdish ICH, or to jointly nominate it to a list? Which European countries will join forces to safeguard ICH of the Roma?

A Convention of and for the 21st century Convention adopted in 2003 Entered into force in 2006 Operational Directives in 2008 Time will tell whether the Convention realizes the aspirations of its drafters, their universal will and their common concern.

Intangible Cultural Heritage 1, rue Miollis 75732 Paris Cedex 15 UNESCO 1, rue Miollis 75732 Paris Cedex 15 France Frank Proschan f.proschan@unesco.org www.unesco.org/culture/ich