Basic texts of the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage

The Convention for the Safeguarding of the Intangible Cultural Heritage was adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) on October 17, 2003, in Paris. The Convention aims to protect intangible cultural heritage, foster peace and cooperation among people and even address challenges such as climate change. Since 2003, 180 States have become party to this Convention. India ratified the Convention on September 9, 2005.

Over the years, the basic texts of the Convention have undergone several changes including extensive revisions made to the Rules of Procedure in July 2022. This publication was compiled and released in 2022 following these changes, and consists of eight documents and five annexes making up the basic texts of the convention.

The ‘Convention for the Safeguarding of the Intangible Cultural Heritage’ is the first document comprising of 40 articles across nine sections: General Provisions (Section I); Organs of the Convention (Section II); Safeguarding of the Intangible Cultural Heritage at the National Level (Section III); Safeguarding of the Intangible Cultural Heritage at the International Level (Section IV); International Cooperation and Assistance (Section V); Intangible Cultural Heritage Fund (Section VI); Reports (Section VII); Transitional Clause (Section VIII); and Final Clause (Section IX).

‘Operational Directives for the Implementation of the Convention for the Safeguarding of the Intangible Cultural Heritage’ adopted in 2008 is the second basic text. It outlines the criteria for inclusion of intangible cultural heritage under the Convention, presents guidelines for utilising the fund, and mechanisms for facilitating participation of people.

The following documents are the ‘Rules of Procedure of the General Assembly of the States Parties’ to the Convention and the ‘Rules of Procedure of the Intergovernmental Committee’ both of which were adopted in 2006. The fifth text makes up the ‘Financial Regulations of the Special Account for the Fund for the Safeguarding of the Intangible Cultural Heritage’ which were adopted in 2007 and amended in 2020. The publication also contains ‘Ethical Principles for Safeguarding Intangible Cultural Heritage’ which lay out the principles that can help guide individuals, groups and communities make the best decisions in preserving intangible cultural heritage.

‘Operational Principles and Modalities for Safeguarding Intangible Cultural Heritage in Emergencies’, adopted in 2020, list measures to be implemented during emergencies. Finally, the ‘Overall Results Framework for the Convention for the Safeguarding of the Intangible Cultural Heritage’, approved in 2018, presents a framework to examine the impact of the 2003 Convention. 

Following are excerpts from nine of the 40 articles of the convention, highlighting its different provisions:

Article 2: For the purposes of this Convention,

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 […]

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; (b) performing arts; (c) social practices, rituals and festive events; (d) knowledge and practices concerning nature and the universe; (e) traditional craftsmanship.

Article 5: An Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage, hereinafter referred to as ‘the Committee’, is hereby established within UNESCO. It shall be composed of representatives of 18 States Parties, elected by the States Parties meeting in General Assembly […] The number of States Members of the Committee shall be increased to 24 once the number of the States Parties to the Convention reaches 50.

Article 12: To ensure identification with a view to safeguarding, each State Party shall draw up, in a manner geared to its own situation, one or more inventories of the intangible cultural heritage present in its territory. These inventories shall be regularly updated.

Article 13: To ensure the safeguarding, development and promotion of the intangible cultural heritage present in its territory, each State Party shall endeavour to: (a) adopt a general policy aimed at promoting the function of the intangible cultural heritage in society, and at integrating the safeguarding of such heritage into planning programmes […] (c) foster scientific, technical and artistic studies, as well as research methodologies, with a view to effective safeguarding of the intangible cultural heritage, in particular the intangible cultural heritage in danger.

Article 14: Each State Party shall endeavour, by all appropriate means, to (a) ensure recognition of, respect for, and enhancement of the intangible cultural heritage in society; (b) keep the public informed of the dangers threatening such heritage, and of the activities carried out in pursuance of this Convention; (c) promote education for the protection of natural spaces and places of memory whose existence is necessary for expressing the intangible cultural heritage.

Article 16: In order to ensure better visibility of the intangible cultural heritage and awareness of its significance, and to encourage dialogue which respects cultural diversity, the Committee, upon the proposal of the States Parties concerned, shall establish, keep up to date and publish a Representative List of the Intangible Cultural Heritage of Humanity.

Article 17: With a view to taking appropriate safeguarding measures, the Committee shall establish, keep up to date and publish a List of Intangible Cultural Heritage in Need of Urgent Safeguarding, and shall inscribe such heritage on the List at the request of the State Party concerned.

Article 21: The assistance granted by the Committee to a State Party […] may take the following forms: (a) studies concerning various aspects of safeguarding; (b) the provision of experts and practitioners; (c) the training of all necessary staff […] (f) the supply of equipment and know-how.

Article 25: A ‘Fund for the Safeguarding of the Intangible Cultural Heritage’, hereinafter referred to as ‘the Fund’ is hereby established. […] The resources of the Fun shall consist of: (a) contributions made by States Parties; (b) funds appropriated for this purpose by the General Conference of UNESCO; (c) contributions, gifts or bequests which may be made by: (i) other States […] (iii) public or private bodies or individuals; […] (e) funds raised through collections, and receipts from events organised for the benefit of the Fund.

Focus by Bhanushree S Kumar.