ICHThe Convention for the Safeguarding

of the Intangible Cultural HeritageFrank Proschan

Intangible Cultural Heritage SectionUNESCO

European Parliament – Intergroup for Traditional Minorities, National Communities and Languages

9 June 2011 – Strasbourg

ICH

135 States have ratified the Convention to date

Broad international consensus

ICHUniversal 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)

ICHCommunities, groups

and individualsThe 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)

ICHObjectives 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

ICHDefining intangible

cultural heritageArticle 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.

ICHDefining intangible

cultural heritageArticle 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.

ICHDefining intangible

cultural heritageArticle 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.

ICHSafeguarding 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

ICHTwo 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

ICHReciprocal relations

(and/or circular definitions)

Communities, groups, individuals

concerned

Intangible cultural heritage

Recognition & definition; creation, practice and transmission;

ownership

Sense of identity & continuity, enjoyment,

self-respect; sustainability, livelihood, etc.

ICHWhose 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.

ICHCommunities:

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

ICHFree, 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 PracticesAnd encourage it for:• Awareness-raising activities

ICHWhat 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 […]

ICHWhat 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.

ICHShared 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

ICHShared 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?

ICHA Convention of and for

the 21st century

Convention adopted in 2003Entered into force in 2006Operational Directives in 2008

Time will tell whether theConvention realizes the

aspirations of its drafters,their universal will andtheir common concern.

ICH

Intangible Cultural Heritage UNESCO

1, rue Miollis75732 Paris Cedex 15

France

Frank Proschan

f.proschan@unesco.orgwww.unesco.org/culture/ich