La Convention Pour la Sauvegarde du Patrimoine Culturel Immateriel
Author: Scovazzi, Tullio
Source: Democracy, Ecological Integrity and International Law, Issue data not provided , pp. 409-428(20)
Abstract:The Convention for the Safeguarding of the Intangible Cultural Heritage was adopted under the sponsorship of UNESCO on 17 October 2003 and entered into force on 20 April 2006. 116 States are today parties to it. The Convention fills a gap within the UNESCO legal instruments for the protection of culture.
The Convention aims at safeguarding what it defines as:
“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. 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“.
The heritage is manifested, inter alia, in the following domains: oral traditions and expressions, including language as a vehicle of the intangible cultural heritage; performing arts; social practices, rituals and festive events; and knowledge and practices concerning nature and the universe. For the purposes of the Convention, consideration is 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.
The negotiations for the Convention have been relatively easy, because the Convention does not specifically deal with the most crucial issues in the field of the intangible cultural heritage, such as the rights of indigenous populations and the protection of intellectual property rights.
The Convention establishes an Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage, composed of 24 States parties. The Committee is in charge, inter alia, of inscriptions of elements in two lists, namely the Representative List of the Intangible Cultural Heritage of Humanity and the List of Intangible Cultural Heritage in Need of Urgent Safeguarding. A number of inscriptions on the lists have so far been decided by the Committee.
Document Type: Research Article
- Democracy, Ecological Integrity and International Law
Democracy, Ecological Integrity and International Law is the latest product of research by the Global Ecological Integrity Group (www.globalecointegrity.net), an organisation that has been meeting annually since 1992 to discuss scientific, philosophical, political and legal aspects of ecological integrity. This collection examines various aspects of governance from the standpoint of integrity: from democracy, to forms of Native governance, from globalization and neocolonialism to specific human rights to food, water and climate.
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