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The Convention for the Safeguarding of the Intangible Cultural Heritage

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Intangible Cultural Heritage

Convention for the Safeguarding of

the Intangible Cultural HParis, 17 October 2003

Noting the far-reaching impact of theactivities of UNESCO in establishingnormative instruments for the protectionof the cultural heritage, in particular theConvention for the Protection of theWorld Cultural and Natural Heritage of1972,

Noting further that no bindingmultilateral instrument as yet exists forthe safeguarding of the intangiblecultural heritage,

Considering that existing internationalagreements, recommendations andresolutions concerning the cultural andnatural heritage need to be effectivelyenriched and supplemented by meansof new provisions relating to theintangible cultural heritage,

Considering the need to build greateraware ness, especially among theyounger generations, of the importanceof the intangible cultural heritage and ofits safeguarding,

Considering that the internationalcommunity should contribute, togetherwith the States Parties to this Convention,to the safeguarding of such heritage in aspirit of cooperation and mutualassistance,

Recalling UNESCO’s programmesrelating to the intangible culturalheritage, in particular the Proclamation ofMasterpieces of the Oral and IntangibleHeritage of Humanity,

Considering the invaluable role of theintangible cultural heritage as a factor inbringing human beings closer togetherand ensuring exchange andunderstanding among them,

Adopts this Convention on thisseventeenth day of October 2003.

...Referring to existing internationalhuman rights instruments, in particularto the Universal Declaration on HumanRights of 1948, the InternationalCovenant on Economic, Social andCultural Rights of 1966, and theInternational Covenant on Civil andPolitical Rights of 1966,

Considering the importance of theintangible cultural heritage as a main -spring of cultural diversity and aguarantee of sustainable development,as underscored in the UNESCORecommendation on the Safeguardingof Traditional Culture and Folklore of1989, in the UNESCO UniversalDeclaration on Cultural Diversity of 2001,and in the Istanbul Declaration of 2002adopted by the Third Round Table ofMinisters of Culture,

Considering the deep-seated inter -dependence between the intangiblecultural heritage and the tangiblecultural and natural heritage,

Recognizing that the processes ofglobalization and social transformation,alongside the conditions they create forrenewed dialogue among communities,also give rise, as does the phenomenonof intolerance, to grave threats ofdeterioration, disappearance anddestruction of the intangible culturalheritage, in particular owing to a lack ofresources for safeguarding such heritage,

Being aware of the universal will and thecommon concern to safeguard theintangible cultural heritage of humanity,

Recognizing that communities, inparticular indigenous communities,groups and, in some cases, individuals,play an important role in the production,safeguarding, maintenance and re-creation of the intangible culturalheritage, thus helping to enrich culturaldiversity and human creativity,

l Heritage

The General Conference ofthe United NationsEducational, Scientific andCultural Organizationhereinafter referred to asUNESCO, meeting in Paris,from 29 September to 17 October 2003, at its32nd session...

L The Moussem of Tan-Tan, Morocco

J The WoodcraftingKnowledge of theZafimaniry, Madagascar

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4 . INTANGIBLE CULTURAL HERITAGE

I. GENERAL PROVISIONSArticle 1: Purposes of the ConventionThe purposes of this Convention are:(a) to safeguard the intangible cultural

heritage;(b) to ensure respect for the intangible

cultural heritage of the communities,groups and individuals concerned;

(c) to raise awareness at the local, nationaland international levels of theimportance of the intangible culturalheritage, and of ensuring mutualappreciation thereof;

(d) to provide for internationalcooperation and assistance.

Article 2: DefinitionsFor the purposes of this Convention,1. The ‘intangible cultural heritage’means

the practices, representations,expressions, knowledge, skills – as wellas the instruments, objects, artefactsand cultural spaces associatedtherewith – that communities, groupsand, in some cases, individualsrecognize as part of their culturalheritage. This intangible culturalheritage, transmitted from generationto generation, is constantly recreatedby communities and groups inresponse to their environment, their

interaction with nature and theirhistory, and provides them with asense of identity and continuity, thuspromoting respect for cultural diversityand human creativity. For the purposesof this Convention, consideration willbe given solely to such intangiblecultural heritage as is compatible withexisting international human rightsinstruments, as well as with therequirements of mutual respect amongcommunities, groups and individuals,and of sustainable development.

2. The ‘intangible cultural heritage’, asdefined in paragraph 1 above, ismanifested inter alia in the followingdomains:(a) oral traditions and expressions,

including language as a vehicle ofthe intangible cultural heritage;

(b) performing arts; (c) social practices, rituals and festive

events; (d) knowledge and practices

concerning nature and theuniverse;

(e) traditional craftsmanship.

3. ‘Safeguarding’ means measures aimedat ensuring the viability of theintangible cultural heritage, includingthe identification, documentation,research, preservation, protection,promotion, enhancement,transmission, particularly throughformal and non formal education, aswell as the revitalization of the variousaspects of such heritage.

4. ‘States Parties’ means States which arebound by this Convention and amongwhich this Convention is in force.

5. This Convention applies mutatismutandis to the territories referred toin Article 33 which become Parties tothis Convention in accordance withthe conditions set out in that Article.To that extent the expression ‘StatesParties’ also refers to such territories.Ph

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L El Güegüense, Nicaragua

K The Cultural Space of theBoysun District, Uzbekistan

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THE 2003 CONVENTION . 5

Article 3: Relationship to otherinternational instrumentsNothing in this Convention may be

interpreted as:(a) altering the status or diminishing the

level of protection under the 1972Convention concerning the Protectionof the World Cultural and NaturalHeritage of World Heritage propertieswith which an item of the intangiblecultural heritage is directly associated;or

(b) affecting the rights and obligations ofStates Parties deriving from anyinternational instrument relating tointellectual property rights or to theuse of biological and ecologicalresources to which they are parties.

II. ORGANS OF THE CONVENTIONArticle 4: General Assembly of the StatesParties1. A General Assembly of the States

Parties is hereby established,hereinafter referred to as ‘the GeneralAssembly’. The General Assembly is thesovereign body of this Convention.

2. The General Assembly shall meet inordinary session every two years. It maymeet in extraordinary session if it sodecides or at the request either of theIntergovernmental Committee for theSafeguarding of the Intangible CulturalHeritage or of at least one-third of theStates Parties.

3. The General Assembly shall adopt itsown Rules of Procedure.

Article 5: Intergovernmental Committeefor the Safeguarding of the IntangibleCultural Heritage1. An Intergovernmental Committee for

the Safeguarding of the IntangibleCultural Heritage, hereinafter referredto as ‘the Committee’, is herebyestablished within UNESCO. It shall becomposed of representatives of 18States Parties, elected by the StatesParties meeting in General Assembly,

once this Convention enters into forcein accordance with Article 34.

2. The number of States Members of theCommittee shall be increased to 24once the number of the States Partiesto the Convention reaches 50.

Article 6: Election and terms of office ofStates Members of the Committee1. The election of States Members of the

Committee shall obey the principles ofequitable geographical representationand rotation.

2. States Members of the Committeeshall be elected for a term of four yearsby States Parties to the Conventionmeeting in General Assembly.

3. However, the term of office of half ofthe States Members of the Committeeelected at the first election is limited totwo years. These States shall be chosenby lot at the first election.

4. Every two years, the General Assemblyshall renew half of the States Membersof the Committee.

5. It shall also elect as many StatesMembers of the Committee asrequired to fill vacancies.

6. A State Member of the Committeemay not be elected for twoconsecutive terms.

7. States Members of the Committee shallchoose as their representatives personswho are qualified in the various fieldsof the intangible cultural heritage.

Article 7: Functions of the CommitteeWithout prejudice to other prerogativesgranted to it by this Convention, thefunctions of the Committee shall be to:

(a) promote the objectives of theConvention, and to encourage andmonitor the implementation thereof;

(b) provide guidance on best practicesand make recommendations onmeasures for the safeguarding of theintangible cultural heritage;

(c) prepare and submit to the GeneralAssembly for approval a draft plan forthe use of the resources of the Fund, inaccordance with Article 25;

(d) seek means of increasing its resources,and to take the necessary measures tothis end, in accordance with Article 25;

(e) prepare and submit to the GeneralAssembly for approval operationaldirectives for the implementation ofthis Convention;

(f ) examine, in accordance with Article29, the reports submitted by StatesParties, and to summarize them for theGeneral Assembly;

(g) examine requests submitted by StatesParties, and to decide thereon, inaccordance with objective selectioncriteria to be established by theCommittee and approved by the General Assembly for:(i) inscription on the lists and

proposals mentioned under Articles16, 17 and 18;

(ii) the granting of internationalassistance in accordance withArticle 22.

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L The Cultural Space ofSosso-Bala, Guinea

6 . INTANGIBLE CULTURAL HERITAGE

Article 8: Working methods of theCommittee1. The Committee shall be answerable to

the General Assembly. It shall report toit on all its activities and decisions.

2. The Committee shall adopt its ownRules of Procedure by a two-thirdsmajority of its Members.

3. The Committee may establish, on atemporary basis, whatever ad hocconsultative bodies it deemsnecessary to carry out its task.

4. The Committee may invite to itsmeetings any public or private bodies,as well as private persons, withrecognized competence in the variousfields of the intangible culturalheritage, in order to consult them onspecific matters.

Article 9: Accreditation of advisoryorganizations1. The Committee shall propose to the

General Assembly the accreditation ofnon-governmental organizations withrecognized competence in the field ofthe intangible cultural heritage to actin an advisory capacity to theCommittee.

2. The Committee shall also propose tothe General Assembly the criteria forand modalities of such accreditation.

Article 10: The Secretariat1. The Committee shall be assisted by

the UNESCO Secretariat.

2. The Secretariat shall prepare thedocumentation of the GeneralAssembly and of the Committee, aswell as the draft agenda of theirmeetings, and shall ensure theimplementation of their decisions.

III. SAFEGUARDING OF THEINTANGIBLE CULTURAL HERITAGEAT THE NATIONAL LEVELArticle 11: Role of States PartiesEach State Party shall:(a) take the necessary measures to ensure

the safeguarding of the intangiblecultural heritage present in its territory;

(b) among the safeguarding measuresreferred to in Article 2, paragraph 3,identify and define the variouselements of the intangible culturalheritage present in its territory, withthe participation of communities,groups and relevant non-governmental organizations.

Article 12: Inventories1. To ensure identification with a view to

safeguarding, each State Party shalldraw up, in a manner geared to its ownsituation, one or more inventories ofthe intangible cultural heritage presentin its territory. These inventories shall beregularly updated.

2. When each State Party periodicallysubmits its report to the Committee, inaccordance with Article 29, it shallprovide relevant information on suchinventories.

Article 13: Other measures forsafeguardingTo ensure the safeguarding, developmentand promotion of the intangible culturalheritage present in its territory, each StateParty shall endeavour to:(a) adopt a general policy aimed at

promoting the function of theintangible cultural heritage in society,and at integrating the safeguarding ofsuch heritage into planningprogrammes;

(b) designate or establish one or morecompetent bodies for thesafeguarding of the intangible culturalheritage present in its territory;

(c) foster scientific, technical and artisticstudies, as well as researchmethodologies, with a view toeffective safeguarding of the

LLL Ningyo JohuriBunraku Puppet Theatre,Japan

LL The Uyghur Muqam ofXinjiang, China

L Baul Songs, Bangladesh

I Oxherding and OxcartTraditions, Costa Rica

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THE 2003 CONVENTION . 7

intangible cultural heritage, inparticular the intangible culturalheritage in danger;

(d) adopt appropriate legal, technical,administrative and financial measuresaimed at:(i) fostering the creation or

strengthening of institutions fortraining in the management of theintangible cultural heritage and thetransmission of such heritagethrough forums and spacesintended for the performance orexpression thereof;

(ii) ensuring access to the intangiblecultural heritage while respectingcustomary practices governingaccess to specific aspects of suchheritage;

(iii) establishing documentationinstitutions for the intangiblecultural heritage and facilitatingaccess to them.

Article 14: Education, awareness-raisingand capacity-buildingEach State Party shall endeavour, by allappropriate means, to:a) ensure recognition of, respect for, and

enhancement of the intangiblecultural heritage in society, inparticular through:(i) educational, awareness-raising and

information programmes, aimed atthe general public, in particularyoung people;

(ii) specific educational and trainingprogrammes within thecommunities and groupsconcerned;

(iii) capacity-building activities for thesafeguarding of the intangiblecultural heritage, in particularmanagement and scientificresearch; and

(iv) non-formal means of transmittingknowledge;

(b) keep the public informed of thedangers threatening such heritage,and of the activities carried out inpursuance of this Convention;

(c) promote education for the protectionof natural spaces and places ofmemory whose existence is necessaryfor expressing the intangible culturalheritage.

Article 15: Participation of communities,groups and individualsWithin the framework of its safeguardingactivities of the intangible culturalheritage, each State Party shall endeavourto ensure the widest possibleparticipation of communities, groups and,where appropriate, individuals that create,maintain and transmit such heritage, andto involve them actively in itsmanagement.

IV. SAFEGUARDING OF THEINTANGIBLE CULTURAL HERITAGEAT THE INTERNATIONAL LEVELArticle 16: Representative List of theIntangible Cultural Heritage of Humanity1. In order to ensure better visibility of

the intangible cultural heritage andawareness of its significance, and toencourage dialogue which respectscultural diversity, the Committee, uponthe proposal of the States Partiesconcerned, shall establish, keep up todate and publish a Representative Listof the Intangible Cultural Heritage ofHumanity.

2. The Committee shall draw up andsubmit to the General Assembly forapproval the criteria for theestablishment, updating andpublication of this Representative List.

Article 17: List of Intangible CulturalHeritage in Need of Urgent Safeguarding1. With a view to taking appropriate

safeguarding measures, theCommittee shall establish, keep up todate and publish a List of IntangibleCultural Heritage in Need of UrgentSafeguarding, and shall inscribe suchheritage on the List at the request ofthe State Party concerned.

2. The Committee shall draw up andsubmit to the General Assembly forapproval the criteria for theestablishment, updating andpublication of this List.

3. In cases of extreme urgency – theobjective criteria of which shall beapproved by the General Assemblyupon the proposal of the Committee –the Committee may inscribe an itemof the heritage concerned on the Listmentioned in paragraph 1, in consul -tation with the State Party concerned.

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8 . INTANGIBLE CULTURAL HERITAGE

Article 18: Programmes, projects andactivities for the safeguarding of theintangible cultural heritage1. On the basis of proposals submitted

by States Parties, and in accordancewith criteria to be defined by theCommittee and approved by theGeneral Assembly, the Committeeshall periodically select and promotenational, subregional and regionalprogrammes, projects and activities forthe safeguarding of the heritage whichit considers best reflect the principlesand objectives of this Convention,taking into account the special needsof developing countries.

2. To this end, it shall receive, examineand approve requests for internationalassistance from States Parties for thepreparation of such proposals.

3. The Committee shall accompany theimple mentation of such projects,programmes and activities bydisseminating best practices usingmeans to be determined by it.

V. INTERNATIONAL COOPERATIONAND ASSISTANCEArticle 19: Cooperation1. For the purposes of this Convention,

international cooperation includes,inter alia, the exchange of informationand experience, joint initiatives, andthe establishment of a mechanism ofassistance to States Parties in their

efforts to safeguard the intangiblecultural heritage.

2. Without prejudice to the provisions oftheir national legislation andcustomary law and practices, the StatesParties recognize that the safeguardingof intangible cultural heritage is ofgeneral interest to humanity, and tothat end undertake to cooperate at thebilateral, subregional, regional andinternational levels.

Article 20: Purposes of internationalassistanceInternational assistance may be grantedfor the following purposes:(a) safeguarding of the heritage inscribed

on the List of Intangible CulturalHeritage in Need of UrgentSafeguarding;

(b) the preparation of inventories in thesense of Articles 11 and 12;

(c) support for programmes, projects andactivities carried out at the national,subregional and regional levels aimedat the safeguarding of the intangiblecultural heritage;

(d) any other purpose the Committeemay deem necessary.

Article 21: Forms of internationalassistanceThe assistance granted by the Committeeto a State Party shall be governed by theoperational directives foreseen in Article 7and by the agreement referred to in

iiii Canto a tenore,Sardinian Pastoral Songs,Italy

iii The Cultural Space ofthe Bedu in Petra and WadiRum, Jordan

ii The Ahellil of Gourara,Algeria

K The Patum of Berga,Spain

L The Ifa Divination System,Nigeria

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THE 2003 CONVENTION . 9

Article 24, and may take the followingforms:(a) studies concerning various aspects of

safeguarding;(b) the provision of experts and

practitioners;(c) the training of all necessary staff;(d) the elaboration of standard-setting

and other measures;(e) the creation and operation of

infrastructures;(f ) the supply of equipment and know-

how;(g) other forms of financial and technical

assistance, including, whereappropriate, the granting of low-interest loans and donations.

Article 22: Conditions governinginternational assistance1. The Committee shall establish the

procedure for examining requests forinternational assistance, and shallspecify what information shall beincluded in the requests, such as themeasures envisaged and theinterventions required, together withan assessment of their cost.

2. In emergencies, requests for assistanceshall be examined by the Committeeas a matter of priority.

3. In order to reach a decision, theCommittee shall undertake suchstudies and consultations as it deemsnecessary.

VI. INTANGIBLE CULTURALHERITAGE FUNDArticle 25: Nature and resources of theFund1. A ‘Fund for the Safeguarding of the

Intangible Cultural Heritage’, hereinafterreferred to as ‘the Fund’, is herebyestablished.

2. The Fund shall consist of funds-in-trustestablished in accordance with theFinancial Regulations of UNESCO.

3. The resources of the Fund shall consistof: (a) contributions made by States

Parties; (b) funds appropriated for this purpose

by the General Conference ofUNESCO;

(c) contributions, gifts or bequestswhich may be made by:(i) other States;(i) organizations and programmes

of the United Nations system,particularly the United NationsDevelopment Programme, aswell as other internationalorganizations;

(i) public or private bodies orindividuals;

(d) any interest due on the resourcesof the Fund;

(e) funds raised through collections,and receipts from events organizedfor the benefit of the Fund;

(f ) any other resources authorized bythe Fund’s regulations, to be drawnup by the Committee.

4. The use of resources by theCommittee shall be decided on thebasis of guidelines laid down by theGeneral Assembly.

5. The Committee may acceptcontributions and other forms ofassistance for general and specificpurposes relating to specific projects,provided that those projects havebeen approved by the Committee.

Article 23: Requests for internationalassistance1. Each State Party may submit to the

Comm ittee a request for internationalassistance for the safeguarding of theintangible cultural heritage present inits territory.

2. Such a request may also be jointlysubmitted by two or more StatesParties.

3. The request shall include theinformation stipulated in Article 22,paragraph 1, together with thenecessary documentation.

Article 24: Role of beneficiary StatesParties1. In conformity with the provisions of

this Convention, the internationalassistance granted shall be regulatedby means of an agreement betweenthe beneficiary State Party and theCommittee.

2. As a general rule, the beneficiary StateParty shall, within the limits of itsresources, share the cost of thesafeguarding measures for whichinternational assistance is provided.

3. The beneficiary State Party shallsubmit to the Committee a report onthe use made of the assistanceprovided for the safe guarding of theintangible cultural heritage.

Photo © National Commission of Jordan Photo © Franco Stefano Ruiu

10 . INTANGIBLE CULTURAL HERITAGE

declaration by notifying the Director-General of UNESCO. However, thewithdrawal of the declaration shall nottake effect in regard to thecontribution due by the State until thedate on which the subsequent sessionof the General Assembly opens.

4. In order to enable the Committee toplan its operations effectively, thecontributions of States Parties to thisConvention which have made thedeclaration referred to in paragraph 2of this Article shall be paid on a regularbasis, at least every two years, andshould be as close as possible to thecontributions they would have owed ifthey had been bound by theprovisions of paragraph 1 of this Article.

3. Any State Party to this Convention whichis in arrears with the payment of itscompulsory or voluntary contributionfor the current year and the calendaryear immediately preceding it shall notbe eligible as a Member of theCommittee; this provision shall not applyto the first election. The term of office ofany such State which is already aMember of the Committee shall cometo an end at the time of the electionsprovided for in Article 6 of thisConvention.

6. No political, economic or otherconditions which are incompatiblewith the objectives of this Conventionmay be attached to contributionsmade to the Fund.

Article 26: Contributions of States Partiesto the Fund1. Without prejudice to any supple mentary

voluntary contribution, the States Partiesto this Convention undertake to pay intothe Fund, at least every two years, acontribution, the amount of which, inthe form of a uniform percentageapplicable to all States, shall bedetermined by the General Assembly.This decision of the General Assemblyshall be taken by a majority of the StatesParties present and voting which havenot made the declaration referred to inparagraph 2 of this Article. In no caseshall the contribution of the State Partyexceed 1% of its contribution to theregular budget of UNESCO.

2. However, each State referred to inArticle 32 or in Article 33 of thisConvention may declare, at the time ofthe deposit of its instruments ofratification, acceptance, approval oraccession, that it shall not be boundby the provisions of paragraph 1 of thisArticle.

3. A State Party to this Convention whichhas made the declaration referred to inparagraph 2 of this Article shallendeavour to withdraw the said

L Taquila and its Textile Art,Peru

I The Cultural Space andOral Culture of the Semeiskie,Russian Federation

II The Gangneung DanojeFestival, Republic of Korea

III The MakishiMasquerade, Zambia

IIII Language, Danceand Music of the Garifuna,Belize, Guatemala,Honduras and Nicaragua

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VIII. TRANSITIONAL CLAUSEArticle 31: Relationship to theProclamation of Masterpieces of the Oraland Intangible Heritage of Humanity

1. The Committee shall incorporate inthe Representative List of theIntangible Cultural Heritage ofHumanity the items proclaimed‘Masterpieces of the Oral andIntangible Heritage of Humanity’before the entry into force of thisConvention.

2. The incorporation of these items in theRepresentative List of the IntangibleCultural Heritage of Humanity shall inno way prejudge the criteria for futureinscriptions decided upon inaccordance with Article 16, paragraph 2.

3. No further Proclamation will be madeafter the entry into force of thisConvention.

IX. FINAL CLAUSESArticle 32: Ratification, acceptance orapproval1. This Convention shall be subject to

ratification, acceptance or approval byStates Members of UNESCO inaccordance with their respectiveconstitutional procedures.

2. The instruments of ratification,acceptance or approval shall bedeposited with the Director-General ofUNESCO.

Article 27: Voluntary supplementarycontributions to the FundStates Parties wishing to providevoluntary contributions in addition tothose foreseen under Article 26 shallinform the Committee, as soon aspossible, so as to enable it to plan itsoperations accordingly.

Article 28: International fund-raisingcampaignsThe States Parties shall, insofar as ispossible, lend their support tointernational fund-raising campaignsorganized for the benefit of the Fundunder the auspices of UNESCO.

VII. REPORTSArticle 29: Reports by the States PartiesThe States Parties shall submit to theCommittee, observing the forms andperiodicity to be defined by theCommittee, reports on the legislative,regulatory and other measures taken forthe implementation of this Convention.

Article 30: Reports by the Committee1. On the basis of its activities and the

reports by States Parties referred to inArticle 29, the Committee shall submita report to the General Assembly ateach of its sessions.

2. The report shall be brought to theattention of the General Conference ofUNESCO.

Article 33: Accession1. This Convention shall be open to

accession by all States not Members ofUNESCO that are invited by theGeneral Conference of UNESCO toaccede to it.

2. This Convention shall also be open toaccession by territories which enjoyfull internal self-governmentrecognized as such by the UnitedNations, but have not attained fullindependence in accordance withGeneral Assembly resolution 1514(XV), and which have competenceover the matters governed by thisConvention, including thecompetence to enter into treaties inrespect of such matters.

3. The instrument of accession shall bedeposited with the Director-General ofUNESCO.

Article 34: Entry into forceThis Convention shall enter into forcethree months after the date of the depositof the thirtieth instrument of ratification,acceptance, approval or accession, butonly with respect to those States that havedeposited their respective instruments ofratification, acceptance, approval, oraccession on or before that date. It shallenter into force with respect to any otherState Party three months after the depositof its instrument of ratification,acceptance, approval or accession.

Photo © Kim Jong-Dal © Zambia National Commission for UNESCO Photo © National Garifuna Council Language, Dance and Music of the Garifuna

Intangible Cultural Heritage

Intangible cultural heritage, transmitted from generation togeneration, is constantly recreated by communities and groups,and provides them with a sense of identity and continuity, thuspromoting respect for cultural diversity and human creativity.

Article 35: Federal or non-unitaryconstitutional systemsThe following provisions shall apply toStates Parties which have a federal ornon-unitary constitutional system:(a) with regard to the provisions of this

Convention, the implementation ofwhich comes under the legaljurisdiction of the federal or centrallegislative power, the obligations ofthe federal or central government shallbe the same as for those States Partieswhich are not federal States;

(b) with regard to the provisions of thisConvention, the implementation ofwhich comes under the jurisdiction ofindividual constituent States, countries,provinces or cantons which are notobliged by the constitutional system ofthe federation to take legislativemeasures, the federal government shallinform the competent authorities ofsuch States, countries, provinces orcantons of the said provisions, with itsrecommend ation for their adoption.

Article 36: Denunciation1. Each State Party may denounce this

Convention.

2. The denunciation shall be notified byan instrument in writing, depositedwith the Director-General of UNESCO.

3. The denunciation shall take effect twelvemonths after the receipt of theinstrument of denunciation. It shall in noway affect the financial obligations of thedenouncing State Party until the date onwhich the withdrawal takes effect.

Article 37: Depositary functionsThe Director-General of UNESCO, as theDepositary of this Convention, shall informthe States Members of the Organization, theStates not Members of the Organizationreferred to in Article 33, as well as the UnitedNations, of the deposit of all the instrumentsof ratification, acceptance, approval oraccession provided for in Articles 32 and 33,and of the denunciations provided for inArticle 36.

Article 38: Amendments1. A State Party may, by written

communication addressed to theDirector-General, proposeamendments to this Convention. TheDirector-General shall circulate suchcommunication to all States Parties. If,within six months from the date of thecirculation of the communication, notless than one half of the States Partiesreply favourably to the request, theDirector-General shall present suchproposal to the next session of theGeneral Assembly for discussion andpossible adoption.

2. Amendments shall be adopted by atwo-thirds majority of States Partiespresent and voting.

3. Once adopted, amendments to thisConvention shall be submitted forratification, acceptance, approval oraccession to the States Parties.

4. Amendments shall enter into force,but solely with respect to the StatesParties that have ratified, accepted,approved or acceded to them, threemonths after the deposit of theinstruments referred to in paragraph 3of this Article by two-thirds of theStates Parties. Thereafter, for each StateParty that ratifies, accepts, approves oraccedes to an amendment, the saidamendment shall enter into forcethree months after the date of depositby that State Party of its instrument ofratification, acceptance, approval oraccession.

5. The procedure set out in paragraphs 3and 4 shall not apply to amendmentsto Article 5 concerning the number ofStates Members of the Committee.These amendments shall enter intoforce at the time they are adopted.

6. A State which becomes a Party to thisConvention after the entry into forceof amendments in conformity withparagraph 4 of this Article shall, failingan expression of different intention, beconsidered: (a) as a Party to this Convention as so

amended; and(b) as a Party to the unamended

Convention in relation to any StateParty not bound by theamendments.

Article 39: Authoritative textsThis Convention has been drawn up inArabic, Chinese, English, French, Russianand Spanish, the six texts being equallyauthoritative.

Article 40: RegistrationIn conformity with Article 102 of theCharter of the United Nations, thisConvention shall be registered with theSecretariat of the United Nations at therequest of the Director-General ofUNESCO.

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