Intangible Cultural Heritage

Questions & Answers

cases they might even assist andpromote creativity. However, peoplestill play the key role in the creation andcarrying forward of intangible culturalheritage.

Communities, collectively, are the oneswho create, carry and transmitintangible cultural heritage. Acommunity might share an expressionof such heritage that is similar to onepractised by others. Whether they arefrom the neighbouring village, from acity on the opposite side of the world,or have been adapted by peoples whohave migrated and settled in a differentregion, all are intangible culturalheritage as they have been passed fromone generation to another, haveevolved in response to their environ -ments and contribute to giving eachcommunity its sense of identity andcontinuity. Sharing similar heritagepromotes respect and understandingof the other and reinforces social

intangible cultural Questions and answers about...

2 . INTANGIBLE CULTURAL HERITAGE

What is intangible cultural heritage?Cultural heritage does not end atmonuments and collections of objects.It also includes traditions or livingexpressions inherited from ourancestors and passed on to ourdescendants, such as oral traditions,performing arts, social practices, rituals,festive events, knowledge and practicesconcerning nature and the universe orthe knowledge and skills to producetraditional crafts. While these may notbe tangible – they cannot be touched –they are a very important part of ourcultural heritage. This is intangiblecultural heritage, a living form ofheritage which is continuouslyrecreated and which evolves as weadapt our practices and traditions inresponse to our environment. Itprovides a sense of identity andbelonging in relation to our owncultures. As the world changes,modernisation and mechanisation arepart of this living process – in many

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L The Samba de Roda ofRecôncavo of Bahia

jj The Uyghur Muqam ofXinjian, China

L The Mask Dance of theDrums from Drametse,Bhutan

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cohesion. Learning about differentforms of intangible cultural heritagealso promotes respect for others andintercultural dialogue.

‘Protecting’ or ‘safeguarding’?To be kept alive, intangible culturalheritage must be relevant to thecommunity, continuously recreatedand transmitted from one generationto another. There is a risk that certainelements of intangible cultural heritagecould die out or disappear withouthelp, but safeguarding does not meanprotection or conservation in the usualsense, as this may cause intangiblecultural heritage to become fixed orfrozen. ‘Safeguarding’ means ensuring theviability of the intangible cultural heritage,that is ensuring its continuous recreationand transmission. Safe guardingintangible cultural heritage is about thetransferring of knowledge, skills andmeaning. It focuses on the processesinvolved in transmitting, or communi -

cating it from generation to generation,rather than on the production of itsconcrete manifestations, such as danceperformances, songs, music instrumentsor crafts.

The communities which bear andpractise intangible cultural heritage arethe people best placed to identify andsafeguard it. However, outsiders can helpwith safeguarding. For instance, they cansupport communities in collecting andrecording information on elements oftheir intangible cultural heritage, ortransmit knowledge about theintangible cultural heritage throughmore formal channels such as educationin schools, colleges and universities.Promoting information about intangiblecultural heritage through media is also away to support its safeguarding.

Intangible cultural heritage shouldnevertheless not always besafeguarded, nor be revitalized at any

cost. As any living body, it follows a lifecycle and therefore some elements areto disappear, after having given birth tonew forms of expressions. It might beso that certain forms of intangiblecultural heritage are no longerconsidered relevant or meaningful forthe community itself. As indicated inthe Convention for the Safeguarding ofthe Intangible Cultural Heritage, onlyintangible cultural heritage that isrecognized by the communities astheirs and that provides them with asense of identity and continuity, is to besafeguarded. Any safeguardingmeasure must be developed, andapplied, with the consent andinvolvement of the community itself. Incertain cases, public intervention tosafeguard a community’s heritage isnot even desirable, since it may distortthe value such heritage has for thecommunity itself. Moreover,safeguarding measures must alwaysrespect the customary practices

heritageL The Song of Sana'a, YemenL The Gule Wamkulu, Malawi, Mozambique,

ZambiaL The Oral Heritage of Gelede, Benin, Nigeria,Togo

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community does not take place thisyear? How much would be necessary toteach the community the knowledgeand skills that allowed them to jointlyorganize the festival and perform in it?How much is lost if a traditional wateror land management system foragriculture is distorted by short-termbenefits-oriented market systems?

The cost of depriving communities oftheir intangible cultural heritage is theeconomic damage produced when thedirect or indirect economic valuesdisappear, or the community’s socialcohesion and mutual understanding isunder threat. The erosion orinterruption of the transmission of theintangible cultural heritage mightdeprive the community of its socialmarkers, lead to marginalization andmisunderstanding, and cause identityfallback and conflict.

Why UNESCO?The United Nations Educational,Scientific and Cultural Organisation(UNESCO) is the United Nations’specialized agency working within thefields of education, social and naturalsciences, culture and communicationto promote international cooperation

governing the access to specificaspects of such heritage, which might,for instance, be the case when dealingwith sacred or secret intangible culturalheritage manifestations.

Why should we safeguard it?Intangible cultural heritage is importantas it gives us a sense of identity andbelonging, linking our past, through thepresent, with our future. Anunderstanding of the intangiblecultural heritage of differentcommunities also helps withintercultural dialogue, and encouragesmutual respect for other ways of life.Intangible cultural heritage is of bothsocial and economic importance. It aidssocial cohesion and helps individuals tofeel part of a community and of societyat large.

The value of intangible cultural heritageis defined by the communitiesthemselves – they are the ones whorecognise these manifestations as partof their heritage and who find itvaluable. The social value of intangiblecultural heritage may, or may not, betranslated into a commercial value. Theeconomic value of the intangiblecultural heritage for a specific

community is twofold: the knowledgeand skills that are transmitted withinthat community, as well as the productresulting from those knowledge andskills. Examples of its direct economicvalue may be the consumption by thecommunity of traditionalpharmacopeia, instead of patentedmedicines, the commercial use of itsproducts, such as selling the tickets fora performance, trading in crafts orattracting tourists.

However intangible cultural heritagedoes not only have a direct economicvalue resulting from the consumptionof its products by the community itselfor by others through trade. By playing amajor role in giving the community itssense of identity and continuity, itsupports social cohesion, withoutwhich development is impossible. This indirect value of intangible culturalheritage results from the knowledgetransmitted, often through informalchannels, the impact it has in othereconomic sectors and from its capacityto prevent and resolve conflict, which isa principal burden for development.

How much is lost if an annual festivalthat attracts people from outside the

4 . INTANGIBLE CULTURAL HERITAGE

J The Royal Ballet ofCambodia

I The Al-Sirah al-Hilaliyyah,Egypt

II The Wayang PuppetTheatre, Indonesia

III The AzerbaijaniMugham

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in these fields in order to ensure a morepeaceful world. To achieve this,UNESCO performs several differentroles. It acts as a laboratory of ideas anda standard-setter to forge universalagreements on emerging ethical issues.It also serves as a clearinghouse tospread and share knowledge whilehelping its 193 Member States and 6Associate Members to build theirhuman and institutional capacities.UNESCO, as the only specialized agencywithin United Nations with a specificmandate in culture, is working to createthe conditions for dialogue based uponrespect for shared values andencourages international cooperation.The Organization has been working forover 60 years in the field of intangiblecultural heritage, which culminatedwith the adoption in 2003 of theConvention for the Safeguarding of theIntangible Cultural Heritage.

Why a Convention?The adoption of the Convention for theSafeguarding of the Intangible CulturalHeritage by the General Conference ofUNESCO in 2003 is the result of longstanding efforts by UNESCO’s MemberStates to provide a legal, administrativeand financial framework to safeguard this

heritage. As a treaty, the Convention is aninternational agreement concludedbetween states in written form andgoverned by international law. Statesthat ratify the Convention express theirconsent in being bound by its provisions.By doing so, they become States Partiesto the Convention and enjoy all therights and assume all the obligationsincluded within the Convention.

The main purposes of the 2003Convention are to safeguard intangiblecultural heritage, to ensure respect forit, to raise awareness about itsimportance and to provide forinternational cooperation andassistance in these fields. TheConvention focuses on the role ofcommunities and groups insafeguarding intangible culturalheritage and is concerned withprocesses and conditions rather thanproducts, placing emphasis on livingheritage that is performed by people,often collectively, and mostlycommunicated through livingexperience. It deals with heritage thatcommunities deem important, andstrives to contribute to the promotionof creativity and diversity, to the well-being of communities, groups, and

society at large, enabling a peacefuldevelopment and living together.

How does the Convention work?The Convention proposes a set ofmeasures to be implemented at thenational and international level.

At a national level, the Convention callsfor the safeguarding of the intangiblecultural heritage present on a State’sterritory. It requests each State to identifyand define such heritage with theparticipation of communities, groupsand relevant NGOs. States shall draw up,and regularly update, inventories of theintangible cultural heritage. TheConvention also proposes severalsafeguarding measures as well asmeasures aimed at raising awareness,building up capacities and promotingeducational measures in the field ofintangible cultural heritage.

At an international level, all States thathave ratified the Convention meet inthe General Assembly of the StatesParties to the Convention every twoyears. The General Assembly givesstrategic orientations for theimplementation of the Convention andelects the 24 members of the

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line with international agreements onhuman rights and that meetsrequirements of mutual respect amongcommunities and of sustainabledevelopment. Although onlygovernments from States Parties to theConvention can nominate intangiblecultural heritage elements for theCommittee to consider, the proposalmust be made with the fullparticipation and consent of thecommunity or group concerned.

If selected by the IntergovernmentalCommittee, the intangible culturalheritage element will be inscribed onthe List of the Intangible CulturalHeritage in Need of UrgentSafeguarding, or on the RepresentativeList of the Intangible Cultural Heritageof Humanity. The Committee alsopublishes and updates a register ofprogrammes, projects and activitiesthat it has selected as best reflectingthe objectives and principles of theConvention. These programmes,projects or activities may serve assafeguarding examples and bedisseminated as good practices.

The Urgent Safeguarding List is themost important since it aims at taking

appropriate safeguarding measures forthose intangible cultural heritageexpressions or manifestations whoseviability – that is whose continuousrecreation and transmission – isthreatened.

Inscription on the Representative Listaims at contributing to ensuringvisibility and awareness of thesignificance of the intangible culturalheritage and to encouraging dialogue,thus reflecting cultural diversityworldwide and testifying to humancreativity.

The increased visibility created by beinginscribed on these lists may also helpwith recognizing and appreciatingminority groups, and even boost theself-esteem and standing ofcommunities and groups that bear andpractise the intangible cultural heritageelement inscribed. However, care mustbe taken to make sure this increasedattention does not have a harmfuleffect on the intangible culturalheritage. For instance, increasedtourism could have a distorting effect,as communities may change heritageto suit tourists’ demands, or createdifferences among groups or

Intergovernmental Committee for theSafeguarding of the Intangible CulturalHeritage, which meets every year topromote the aims of the Conventionand monitor its implementation.

One of the functions of the Committeeis to prepare and submit to the GeneralAssembly for approval OperationalDirectives to guide the effectiveimplementation of the provisions of theConvention. The General Assemblyadopted the first Operational Directivesin June 2008, and will continue tocomplete and revise them in futuremeetings. Among other things, theOperational Directives indicate theprocedures to be followed forinscribing intangible cultural heritageon the lists of the Convention, theprovision of international financialassistance, the accreditation of non-governmental organizations to act inan advisory capacity to the Committeeor the involvement of communities inimplementing the Convention.

How can intangible cultural heritagebe internationally recognized underthe Convention?The Convention aims at safeguardingintangible cultural heritage that is in

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are considered domains of theintangible cultural heritage by its Article 2. The Convention does notinclude language in itself or as a whole(grammar, vocabulary, syntax), butunderscores that it is a fundamentalvehicle for transmitting intangiblecultural heritage. Oral traditions andexpressions cannot exist withoutlanguage. Moreover, almost all types of intangible cultural heritage – fromknowledge about the universe to ritualsand handicrafts – are linked or dependon language for their day-to-daypractice and passing down fromgeneration to generation.

What can States do for safeguardingintangible cultural heritage?As those who create intangible culturalheritage and keep it alive, communitieshave a privileged place in safeguardingit. Sometimes they may not have thepower, or the means, to do this on theirown. In this case the State, or agencies,institutions and organizations, mightwork with them to help safeguard theirliving heritage.

Through the Convention, States are beingencouraged to assist safeguarding bydrawing up and updating inventories,

which should include all elements ofintangible cultural heritage within theirterritory. In doing so, they assess theintangible cultural heritage present intheir territories, including the heritage indanger of disappearing, raise awarenessabout it, creating and renewing interest init and, importantly, bringing new light towhat should be an active, ever-changingform of living heritage. States are free tocreate their inventories in their ownfashion. However, communities shouldbe actively involved in the inventoryingprocesses, and the intangible culturalheritage elements should be well definedin the inventories to help put intopractice safeguarding measures.

States may also adopt legal, technical,administrative and financial measuresaimed at ensuring access to theintangible cultural heritage whilerespecting customary practicesgoverning access to specific aspects ofsuch heritage, as well as measures aimedat creating or strengtheningdocumentation institutions. Can docu -mentation lead to freezing intangiblecultural heritage? No, if it aims at showing the state of this heritage at themoment documentation is undertaken. If an element of intangible cultural

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I The Duduk and its Music,Armenia

J The Carnival of Oruro,Bolivia

JJ The Gbofe ofAfounkaha – the Music ofthe Transverse Trumps ofthe Tagbana Community, Côte d’lvoire

JJJ The Carnival ofBinche, Belguim

JJJJ Opera dei Pupi,Sicilian Pastoral Songs, Italy

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communities by recognizing one livingexpression and not another. There isalso a danger of freezing heritagethrough a ‘folklorisation’ process or thequest for ‘authenticity’, or of thedisregard of customs that governaccess to secret or sacred information.Indeed, this could lead to a ‘marketvalue’ being placed on the intangiblecultural heritage instead of its culturalvalue, leaving it open to inappropriatecommercial exploitation.

An element of the intangible culturalheritage cannot be inscribed on theRepresentative List and the UrgentSafeguarding List at the same time,since their purpose is different andother inscription criteria, as well asnomination procedures, apply for eachof them.

Can religions or languages be recognized under the Convention?

Though religions provide communitieswith a sense of identity and continuity, they are not included as such in the Convention. However, theConvention refers to cultural practices and expressions inspired by religions. For instance, socialpractices, rituals and festive events

heritage is threatened and becomesendangered, the record will have toreflect the risks it encounters. Keepingtrack of living heritage is therefore vital, as possible threats can be quickly detected, and corrective measures put in place.

Moreover, States should ensurerecognition of and respect for theintangible cultural heritage in society, in particular through developingeducational, awareness-raising andinformation programmes, capacitybuilding activities for the safeguardingof the intangible cultural heritage andsupporting non-formal means oftransmitting knowledge.

Can I receive funding for safeguardingmy intangible cultural heritage?Assistance requests can only besubmitted by governments. A fund tofinance programmes, projects andother activities was established underthe 2003 Convention. In distributingfunds, special attention is given to theneeds of developing countries,particularly less developed countries.

The safeguarding of heritage includedon the List of Intangible CulturalHeritage in Need of Urgent Safe -guarding and the creation of inventoriesare given special priority in theallocation of funds. The Fund is also usedfor providing emergency assistance, orfor the participation in the sessions ofthe Committee of the members ofcommunities and groups and ofexperts in intangible cultural heritage.All forms and procedures for requestinginternational assistance are available atwww.unesco.org/culture/ich/en/forms.UNESCO Secretariat at Headquartersand in the field, National Commissionsfor UNESCO and local authorities mayprovide further help in preparing theassistance requests.

Are intellectual property rights dealtwith by the Convention?The Convention focuses onsafeguarding the intangible culturalheritage – that is on ensuring itscontinuous recreation and transmissionby identifying and defining the heritageitself – rather than on legally protectingspecific manifestations throughintellectual property rights, which atthe international level falls mainlywithin the field of competence of theWorld Intellectual PropertyOrganization. The Conventionnevertheless states, in its Article 3, that its provisions may not beinterpreted as affecting the rights and

obligations of States Parties derivingfrom any international instrumentrelated to intellectual property rights.

Applying intellectual property rightswith the current legislative framework is not satisfactory when dealing withintangible cultural heritage. Maindifficulties are related to its evolving andshared nature as well as to the fact that itis often owned collectively. Indeed, asintangible cultural heritage evolvesthanks to its continuous recreation bythe communities and groups that bearand practise it, protecting a specificmanifestation like the performance of a dance, the recorded interpretation of a song or the patented use of amedicinal plant may lead to freezing thisintangible cultural heritage and hinderits natural evolution. Moreover, as thecommunities are the ones who create,maintain and transmit intangible culturalheritage, it is difficult to determine thecollective owner of such 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.

Intangible Cultural Heritage

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With the support of the Government of Norway