Masterpieces of the Oral and Intangible Heritage of Humanity
INTRODUCTION
1. In accordance with resolution 23 adopted by the General Conference at its 29th session, and in line with the provisions of the Recommendation on the Safeguarding of Traditional Culture and Folklore (the text of which is reproduced in Annex I of this document) and with decision 5.5. 5 relating to living human treasures adopted by the Executive Board at its 142nd session (the text of which is reproduced in Annex II of this document), the Director-General submitted to the Executive Board, at its 154th session, a proposal concerning the criteria for the selection of cultural spaces – in the anthropological sense of the term – or of forms of popular and traditional cultural expression that might be proclaimed by UNESCO to be 'masterpieces of the oral heritage of humanity'. In the discussions of the PX Commission concerning document 154 EX/13, the speakers emphasized the exceptional importance of the oral heritage for the cultural identities of the peoples of the whole world, in particular those regions where a very large part of the cultural heritage is based on the oral heritage. It was stressed that the oral heritage, by virtue of its diversity and its intercultural nature, possessed universal value. At the same time, the Executive Board made a point of emphasizing that the oral heritage could not be dissociated from the intangible heritage, and accordingly requested that the words 'and intangible' be added between 'oral' and 'heritage' in the title of the distinction to be accorded. Following the discussions, the Executive Board accepted the principles formulated in document 154 EX/13 relating to the creation of an international distinction to be entitled 'masterpieces of the oral and intangible heritage of humanity'.
2. Several speakers nevertheless called for detailed information on certain features of this project, whose underlying concept is a complex one. The clarifications requested were of two kinds: conceptual and operational. Many speakers illustrated the notion of oral heritage by citing examples drawn from their own countries, and asked for the title to be broadened, as mentioned in paragraph 1. The definition of cultural spaces, as propounded in document 154 EX/13, met with general acceptance. As regards the comments of an operational nature, it was stressed that the means of funding, the human resources and the selection procedure should be defined more precisely. Several speakers voiced differing opinions regarding the definition of the selection criteria.
3. Consequently, the Executive Board decided to invite the Director-General to establish, in consultation with all the regions, precise criteria for choosing cultural spaces or forms of cultural expression (with a view to their being proclaimed 'masterpieces of the oral and intangible heritage of humanity') and to define a detailed selection procedure and funding methods, taking into account the opinions expressed in the discussions of the Programme and External Relations Commission of the Executive Board at its 154th session, with a view to their submission to the Board at its 155th session (154 EX/Decision 3.5.1, the text of which is reproduced in Annex III of this document).
4. If the Executive Board were to approve the new draft Regulations, as proposed in Annex IV of this document, it might wish to adopt the following draft decision:
The Executive Board,
1. Taking into account the provisions of the Recommendation on the Safeguarding of Traditional Culture and Folklore, adopted in 1989 by the General Conference at its 25th session, ant the guide on Living Human Treasures,
2. Having regard to 29 C/Resolution 23, and to decision 3.5.1 adopted by the Executive Board at its 154th session,
3. Having examined the draft Regulations relating to the proclamation by UNESCO of 'masterpieces of the oral and intangible heritage of humanity', annexed to document 155 EX/15,
4. Invites the Director-General to establish procedures for the proclamation by UNESCO of 'masterpieces of the oral and intangible heritage of humanity', taking all necessary steps to implement the above-mentioned Regulations and, if appropriate, in association with certain aspects of the Memory of the World programme linked to the oral heritage;
5. Invites the Director General to seek public or private donors in order to obtain extrabudgetary resources which will serve to encourage, in the form either of a prize or a subvention, the work of safeguarding, protecting and revitalizing cultural spaces or forms of cultural expression once they have been proclaimed 'masterpieces of the oral and intangible heritage of humanity'. ANNEX I Recommendation on the Safeguarding of Traditional Culture and Folklore
The General Conference of the United Nations Educational, Scientific and Cultural Organization, meeting in Paris from 17 October to 16 November 1989 at its 25th session,
Considering that folklore forms part of the universal heritage of humanity and that it is a powerful means of bringing together different peoples and social groups and of asserting their cultural identity,
Noting its social, economic, cultural and political importance, its role in the history of the people, and its place in contemporary culture.
Underlining the specific nature and importance of folklore as an integral part of cultural heritage and living culture,
Recognizing the extreme fragility of the traditional forms of folklore, particularly those aspects relating to oral tradition and the risk that they might be lost,
Stressing the need in all countries for recognition of the role of folklore and the danger it faces from multiple factors,
Judging that the governments should play a decisive role in the safeguarding of folklore and that they should act as quickly as possible,
Having decided, at its 24th session, that the safeguarding of folklore should be the subject of a recommendation to Member States within the meaning of Article IV, paragraph 4, of the Constitution,
Adopts the present Recommendation this fifteenth day of November 1989:
The General Conference recommends that Member States should apply the following provisions concerning the safeguarding of folklore by taking whatever legislative measures or other steps may be required in conformity with the constitutional practice of each state to give effect within their territories to the principles and measures defined in this Recommendation.
The General Conference recommends that Member States bring this Recommendation to the attention of the authorities, departments or bodies responsible for matters relating to the safeguarding of folklore and to the attention of the various organizations or institutions concerned with folklore, and encourage their contacts with appropriate international organizations dealing with the safeguarding of folklore.
The General Conference recommends that Member States should, at such times and in such manner as it shall determine, submit to the Organization reports on the action they have taken to give effect to this Recommendation.
For the purposes of this Recommendation:
Folklore (or traditional and popular culture) is the totality of tradition-based creations of a cultural community, expressed by a group or individuals and recognized as reflecting the expectations of a community in so far as they reflect its cultural and social identity; its standards and values are transmitted orally, by imitation or by other means. Its forms are, among others, language, literature, music, dance, games, mythology, rituals, customs, handicrafts, architecture and other arts.
Folklore, as a form of cultural expression, must be safeguarded by and for the group (familial, occupational, national, regional, religious, ethnic, etc.) whose identity it expresses. To this end, Member States should encourage appropriate survey research on national, regional and international levels with the aim to:
(a) develop a national inventory of institutions concerned with folklore with a view to its inclusion in regional and global registers of folklore institutions;
(b) create identification and recording systems (collection, cataloguing, transcription) or develop those that already exist by way of handbooks, collecting guides, model catalogues, etc., in view of the need to co-ordinate the classification systems used by different institutions;
(c) simulate the creation of a standard typology of folklore by way of: (i) a general outline of folklore for global use; (ii) a comprehensive register of folklore; and (iii) regional classifications of folklore, especially field-work pilot projects.
Conservation is concerned with documentation regarding folk traditions and its object is, in the event of the non-utilization or evolution of such traditions, to give researchers and tradition-bearers access to data enabling them to understand the process through which tradition changes. While living folklore, owing to its evolving character, cannot always be directly protected, folklore that has been fixed in a tangible form should be effectively protected.
To this end, Member
States should:
(a) establish national archives where collected folklore can be
properly stored and made available;
(b) establish a central national archive function for service
purposes central cataloguing, dissemination of information on
folklore materials and standards of folklore work including the
aspect of safeguarding);
(c) create museums or folklore sections at existing museums where
traditional and popular culture can be exhibited;
(d) give precedence to ways of presenting traditional and popular
cultures that emphasize the living or past aspects of those cultures
(showing their surroundings, ways of life and the works, skills
and techniques they have produced);
(e) harmonize collecting and archiving methods;
(f) train collectors, archivists, documentalists and other specialists
in the conservation of folklore, from physical conservation to
analytic work;
(g) provide means for making security and working copies of all
folklore materials, and copies for regional institutions, thus
securing the cultural community an access to the materials.
Preservation is concerned with protection of folk traditions and those who are the transmitters, having regard to the fact that each people has a right to its own culture and that its adherence to that culture is often eroded by the impact of the industrialized culture purveyed by the mass media. Measures must be taken to guarantee the status of and economic support for folk traditions both in the communities which produce them and beyond.
To this end, Member
States should:
(a) design and introduce into both formal and out-of-school curricula
the teaching and study of folklore in an appropriate manner, laying
particular emphasis on respect for folklore in the widest sense
of the term, taking into account not only village and other rural
cultures but also those created in urban areas by diverse social
groups, professions, institutions, etc., and thus promoting a
better understanding of cultural diversity and different world
views, especially those not reflected in dominant cultures;
(b) guarantee the right of access of various cultural communities
to their own folklore by supporting their work in the fields of
documentation, archiving, research, etc., as well as in the practice
of traditions;
(c) set up on an interdisciplinary basis a national folklore council
or similar coordinating body in which various interest groups
will be represented;
(d) provide moral and economic support for individuals and institutions
studying, making known, cultivating or holding items of folklore;
(e) promote scientific research relevant to the preservation of
folklore.
The attention of people
should be drawn to the importance of folklore as an ingredient
of cultural identity. It is essential for the items that make
up this cultural heritage to be widely disseminated so that the
value of folklore and the need to preserve it can be recognized.
However, distortion during dissemination should be avoided so
that the integrity of the traditions can be safeguarded. To promote
a fair dissemination, Member States should.
(a) encourage the organization of national, regional and international
events such as fairs, festivals, films, exhibitions, seminars,
symposia, workshops, training courses, congresses, etc., and support
the dissemination and publication of their materials, papers and
other results;
(b) encourage a broader coverage of folklore material in national
and regional press, publishing, television, radio and other media,
for instance, through grants, by creating jobs for folklorists
in these units, by ensuring the proper archiving and dissemination
of these folklore materials collected by the mass media, and by
the establishment of departments of folklore within those organizations;
(c) encourage regions, municipalities, associations and other
groups working in folklore to establish full-time jobs for folklorists
to stimulate and co-ordinate folklore activities in the region;
(d) support existing units and the creation of new units for the
production of educational materials, as for example video films
based on recent field-work, and encourage their use in schools,
folklore museums, national and international folklore festivals
and exhibitions;
(e) ensure the availability of adequate information on folklore
through documentation centres, libraries, museums, archives, as
well as through special folklore bulletins and periodicals;
(f) facilitate meetings and exchanges between individuals, groups
and institutions concerned with folklore, both nationally, taking
into account bilateral cultural agreements;
(g) encourage the international scientific community to adopt
a code of ethics ensuring a proper approach to and respect for
traditional cultures.
In so far as folklore constitutes manifestations of intellectual creativity whether it be individual or collective, it deserves to be protected in a manner inspired by the protection provided for intellectual productions. Such protection of folklore has become indispensable as a means of promoting further development, maintenance and dissemination of those expressions, both within and outside the country, without prejudice to related legitimate interests.
Leaving aside the 'intellectual
property aspects' of the protection of expressions of folklore,
there are various categories of rights which are already protected
and should continue to enjoy protection on the future in folklore
documentation centres and archives. To this end, Member States
should:
(a) regarding the 'intellectual property' aspects: call
the attention of relevant authorities to the important work of
UNESCO and WIPO in relation to intellectual property, while recognizing
that this work relates to only one aspect of folklore protection
and that the need for separate action in a range of areas to safeguard
folklore is urgent;
(b) regarding the other rights involved:
(i) protect the informant as the transmitter of tradition (protection
of privacy and confidentiality);
(ii) protect the interest of the collector by ensuring that the
materials gathered are conserved in archives in good condition
and in a methodical manner;
(iii) adopt the necessary measures to safeguard the materials
gathered against misuse, whether intentional or otherwise;
(iv) recognize the responsibility of archives to monitor the use
made of the materials gathered.
In view of the need
to intensify cultural co-operation and exchanges, in particular
through the pooling of human and material resources, in order
to carry out folklore development and revitalization programmes
as well as research made by specialists who are the nationals
of one Member State on the territory of another Member State,
Member States should:
(a) co-operate with international and regional associations, institutions
and organizations concerned with folklore;
(b) co-operate in the field of knowledge, dissemination and protection
of folklore, in particular through:
(i) exchanges of information of every kind, exchanges of scientific and technical publications;
(ii) training of specialists, awarding of travel grants, sending of scientific and technical personnel and equipment;
(iii) the promotion of bilateral or multilateral projects in the field of the documentation of contemporary folklore;
(iv) the organization of meetings between specialists, of study courses and of working groups on particular subjects, especially on the classifying and cataloguing of folklore data and expressions and on modern methods and techniques in research;
(c) co-operate closely
so as to ensure internationally that the various interested parties
(communities or natural or legal persons) enjoy the economic,
moral and so-called neighbouring rights resulting from the investigation,
creation, composition, performance, recording and/or dissemination
of folklore;
(d) guarantee Member States on whose territory research has been
carried out the right to obtain from the Member State concerned,
copies of all documents, recordings, video-films, films and other
material;
(e) refrain from acts likely to damage folklore materials or to
diminish their value or impede their dissemination or use, whether
these materials are to be found on their own territory or on the
territory of other states;
(f) take necessary measures to safeguard folklore against all
human and natural dangers to which it is exposed, including the
risks deriving from armed conflicts, occupation of territories,
or public disorders of other kinds.
ANNEX II 142 EX/Decision 5.5.5
5.5.5 Establishment
of a system of 'living cultural properties' (living human treasures)
at UNESCO (142 EX/18 and 142 EX/48) 1. Recalling that the General
Conference adopted a Declaration of the Principles of International
Cultural Co-operation at its 14th session, on 4 November 1966,
and a Recommendation on the Safeguarding of Traditional Cultures
and Folklore at its 25th session, in November 1989, in which it
urged Member States to adopt various ways and means of preserving
folklore in their respective countries,
2. Being mindful that the preservation of folklore is essential
to the enrichment of the cultural heritage of humankind and the
protection of cultural identities,
3. Convinced that Member States can better promote mutual
understanding of each other's way of life and create a culture
of peace through international cultural exchanges and co-operation,
4. Invites Member States to establish where appropriate
a system of 'living cultural properties' (living human treasures)
in their respective countries, and to submit the list of 'living
cultural properties' to the UNESCO Secretariat;
5. Invites the Secretariat to compile a list of the 'living
cultural properties' (living human treasures) submitted by Member
States and to make it available to Member States at their request;
6. Expresses the hope that if the national list proves
successful UNESCO could, as a nest step, institute a world list
of 'living cultural properties' (living human treasures).
ANNEX III 154 EX/Decision 3.5.1
3.5.1 Proposal by the Director-General concerning the criteria for the selection of spaces or forms of popular and traditional cultural expression that deserve to be proclaimed by UNESCO to be masterpieces of the oral heritage of humanity (154 EX/13 and 154 EX/52)
The Executive Board,
1. Recalling Article I of the Constitution of UNESCO,
2. Considering that the Convention for the Protection of
the World Cultural and Natural Heritage (Paris, 1972) refers only
to monuments, groups (of buildings) and sites (works of man or
combined works of nature and man) and that it is not applicable
to the intangible heritage,
3. Taking into account the provisions of the Recommendation
on the Safeguarding of Traditional Culture and Folklore, adopted
by the General Conference at its 25th session in 1989, and the
guide on Living Human Treasures,
4. Considering the oral and intangible heritage, composed
of different traditional and popular forms of cultural expression
produced and/or transmitted orally, as defined in paragraph A
of the above-mentioned Recommendation on the Safeguarding of Traditional
Culture and Folklore, to which should be added, among the examples,
traditional forms of communication and information,
5. Recognizing that the oral and intangible heritage is
for many communities the essential source of an identity having
its roots deep in history,
6. Concerned at the fate of the oral and intangible heritage
and stressing the need in all countries for recognition
of the role of that heritage in the present social context,
7. Convinced of the need to make governments, non-governmental
organizations, and above all the communities concerned aware of
the value of their oral and intangible heritage and of the urgency
and importance of safeguarding and revitalizing it,
8. Having regard to 29 C/Resolution 23,
9. Having examined document 154 EX/13 and, in particular,
the draft Regulations relating to the proclamation by UNESCO of
masterpieces of the oral heritage of humanity, contained in Annex
III thereof,
10. Approves the principles set out in document 154 EX/13
concerning the creation of an international distinction entitled
masterpieces of the oral and intangible heritage of humanity;
11. Invites the Director-General to establish, in consultation
with all the regions, precise criteria for choosing cultural spaces
or forms of cultural expression and to define a detailed selection
procedure and funding methods, taking into account the opinions
expressed in the discussions of the Programme and External Relations
Commission of the Executive Board at its 154th session, with a
view to their submission to the Board at its 155th session;
12. Further invites the Director-General to study means
of disseminating, preserving and protecting these immaterial or
intangible cultural spaces for the benefit of the communities
of origin;
13. Invites also the Director-General to seek public or
private donors for the creation of a prize that would be awarded
by UNESCO in order to ensure the preservation and promotion of
cultural spaces or forms of oral cultural expression proclaimed
masterpieces of the oral and intangible heritage of humanity.
ANNEX IV
Regulations relating to the proclamation by UNESCO of masterpieces of the oral and intangible heritage of humanity
1. Objective
(a) The purpose of these Regulations is to pay tribute to outstanding
masterpieces of the oral and tangible heritage of humanity,
which would be cultural spaces or forms of popular or traditional
cultural expression and which would be proclaimed masterpieces
of the oral and intangible heritage of humanity.
(b) The aim is also to encourage governments, NGOs and local communities
to identify, preserve and promote their oral and intangible
heritage, considering this to be the depository and collective
memory of peoples, which alone can ensure the survival of distinctive
cultural characteristics. The Proclamation is also intended
to encourage individuals, groups, institutions and organizations
to make outstanding contributions to managing, preserving, protecting
and promoting the oral and intangible heritage in question,
in accordance with UNESCO’s objectives, and
its programme in this area, in particular as regards following
up the Recommendation on the Safeguarding of Traditional Culture
and Folklore (1989).
(c) For the purpose of these Regulations the anthropological
concept of a cultural space shall be taken to mean a place
(or ‘physical space’) in which
popular and traditional cultural activities are concentrated,
but also a time (or ‘temporal space’)
generally characterized by a certain periodicity (cyclical, seasonal,
calendar, etc.) or by an event. Finally, this temporal and physical
space should owe its existence to the cultural activities that
have traditionally taken place there.
(d) The term ‘oral and intangible
heritage’ is defined in the Recommendation
mentioned above, as follows: ‘Folklore (or
traditional and popular culture) is the totality of tradition-based
creations of a cultural community, expressed by a group or individuals
and recognized as reflecting the expectations of a community in
so far as they reflect its cultural and social identity; its standards
and values are transmitted orally, by imitation or by other means.
Its forms are, among others, language, literature, music, dance,
games, mythology, rituals, customs, handicrafts, architecture
and other arts’. In addition to these
examples, account will also be taken of traditional forms of communication
and information.
(e) UNESCO will endeavor to set aside budgetary resources and
to seek extrabudgetary funds that will serve to encourage, in
the form either of a prize or a subvention, action taken to
safeguard, protect and revitalize the heritage, which will
be proclaimed a masterpiece of the oral and intangible
heritage of humanity. The Organization might also provide
assistance in the form of human resources and know-how.
(f) The Director-General will communicate periodically to Member
States and to any other party referred to in Article 1, paragraph
(b), at their request, a list of ‘masterpieces
of the oral and intangible heritage of humanity’
already so proclaimed, indicating the communities from which they
emanate.
2. Title
Examples of the oral and intangible heritage which meet the criteria set out in these Regulations may be proclaimed masterpieces of the oral and intangible heritage of humanity.
3. Interval between proclamations
(a) Masterpieces of
the oral and intangible heritage of humanity will be proclaimed
by the Director-General every two years, on the recommendation
of a jury, at a public ceremony at UNESCO Headquarters in Paris,
or any other location chosen by the Director-General.
(b) The jury may reserve the right to make no recommendation if,
in its opinion, none of the examples submitted meets the criteria
defined in Article 6 of these Regulations.
4. Evaluation procedure
(a) The ask of choosing the example of oral and intangible heritage
to be proclaimed a masterpiece of the oral and intangible
heritage of humanity will be entrusted to a jury of a maximum
of eight members designated by the Director-General of UNESCO,
in consultation with Member States, ensuring a balance:
• between creative workers and experts,
• in geographical distribution,
• in the representation of women and young
people,
• between the disciplines represented, such
as music, oral literature, popular theater, rites, languages and
the skills involved in crafts and traditional architecture.
(b) Taking account of the selection criteria mentioned below,
the jury will prepare draft rules of procedure, which will be
submitted to the Director-General for approval.
(c) In carrying out its mandate, the jury will take no account
of the nationality, ethnic origin, sex, language, profession,
ideology or religion of the individuals involved. However,
the jury may call for the participation or opinion of recognized
depositories of the oral and intangible heritage.
(d) The jury shall recommend to the Director-General a list
of a minimum of six and a maximum of ten examples submitted for
the award.
5. Submission of examples
Examples of oral and
intangible heritage that could be proclaimed masterpieces
may be submitted to the Director-General of UNESCO by:
(a) governments of Member States and of Associate Members,
(b) intergovernmental organizations, in consultation with the
National Commission for UNESCO of the country concerned, or
(c) non-governmental organizations (NGOs) having formal relations
with UNESCO, in consultation with the National Commission for
UNESCO of their country.
Each Member State may submit a single example every two years.
Examples of the oral and intangible heritage involving several
Member States will be taken into consideration in addition to
the quota defined above.
6. Criteria
Masterpieces of the
oral and intangible heritage of humanity will be proclaimed by the Director-General
on the recommendation of the jury, which, in its evaluation of
the examples submitted, will take into account two groups of
criteria of equal importance:
• cultural criteria, and
• organizational criteria.
(i) Cultural criteria: the space or form of cultural expression
proclaimed a masterpiece of the oral and intangible
heritage of humanity must be of outstanding value in that it represents:
(a) either a strong concentration of intangible cultural heritage
of outstanding value; or
(b) a popular and traditional cultural expression of outstanding
value from a historical, artistic, ethnological, sociological,
anthropological, linguistic or literary point of view.
In assessing the value
of the heritage in question, the jury shall take into account
the following criteria:
1. its outstanding value as a masterpiece of the human
creative genius,
2. its roots in the cultural tradition or cultural history
of the community concerned,
3. in role as a means of affirming the cultural identity
of the peoples and cultural communities concerned, its importance
as a source of inspiration and intercultural exchange and as a
means of bringing peoples or communities closer together,
its contemporary cultural and social role in the community
concerned,
4. excellence in the application of the skill and
technical qualities displayed,
5. its value as a unique testimony of a living cultural tradition,
6. the risk of its disappearing due either to the lack
of means of safeguarding and protecting it or to processes of
rapid change, or to urbanization, or to acculturation.
(ii) Organizational criteria: the submission of examples
of spaces and forms of cultural expression to be proclaimed masterpieces
of the oral and intangible heritage of humanity must
be accompanied by:
(a) a plan of action that is appropriate to the cultural
expression in question, listing the legal and practical
measures to be taken over the next decade for the preservation,
protection, support and promotion of that oral and intangible
heritage. The plan of action will provide a detailed description
of the measures proposed and of their implementation; (b) details
of the compatibility of the plan of action with the measures
outlined in the Recommendation on the Safeguarding of Traditional
Culture and Folklore, as well as with UNESCO’s
goals; (c) details of the measures to be taken to involve the
communities concerned in preserving and promoting their own
oral and intangible heritage;
(d) names of competent members of the community and/or the government
concerned, who will guarantee the state of the oral and intangible
heritage in the future, which must remain in conformity with the
state described in the submission.
In order to evaluate
the appropriateness of the plan of action, the jury will take
into account:
1. the mandate of the public authorities or NGOs as regards
guaranteeing the safeguarding, preservation, legal protection,
transmission and dissemination of the cultural values in
question;
2. the existence of appropriate administrative machinery and
of effective mechanisms for supervising the implementation of
the initial planning procedure that are respectful of local and
national traditions;
3. the measures taken to raise awareness in the individual
members of the community concerned of the value of the heritage
and of the importance of preserving it;
4. the role and the benefit accorded to the community
concerned;
5. the role accorded the bearers of the heritage in question;
6. the measures taken:
(a) within the local community to preserve and promote
this heritage;
(b) to record the traditions in order to enable researchers
at the national and international level to access the information;
(c) in relation to the bearers of the heritage to further develop
the relevant skills, techniques and cultural expressions;
(d) in relation to the bearers of the heritage, in order to
transmit the skills, techniques and cultural expressions to
apprentices and/or young people in general.
7. Monitoring
Since the Proclamation
is based, at least in part, on a plan of action, it is
essential to ensure that this plan of action is followed up. This
should involve:
• a firm commitment to that effect by
the prizewinner, who shall report to UNESCO every two years
concerning the implementation of the plan of action;
• revocation of a proclamation if the
basic elements of the plan of action are not respected.
8. Administration
The jury will be
assisted by a member of the UNESCO Secretariat designated for
that purpose by the Director-General. The secretariat of the ‘Proclamation
of masterpieces of the oral and intangible heritage of humanity’
will be responsible, under the authority of the Director-General,
for implementing these Regulations and, in particular, for carrying
out the following tasks:
(a) inviting the submission of examples,
(b) registering the files relating to the examples submitted,
(c) submitting the files to the jury after consultation with
NGOs specializing in the field of the intangible heritage,
(d) organizing the jury’s meetings,
(e) monitoring the implementation of the plan of action concerning
the spaces that have already been proclaimed masterpieces,
(f) promotional activities-relating to the ‘Proclamation
of masterpieces of the oral and intangible heritage of humanity’
project designed to alert public opinion to the importance of
safeguarding the intangible heritage,
(g) raising extrabudgetary funds needed to help the winners
to undertake safeguarding action.
Action Plan for the Safeguarding and revitalisation of Intangible Cultural Heritage
On the occasion of the Conference "A Global Assessment of the 1989 Recommendation on the Safeguarding of Traditional Culture and Folklore: Local Empowerment and International Co-operation," held at the Smithsonian Institution, Washington D.C., U.S.A. from 27 to 30 June 1999;
1. Taking into account the results of the four year process of evaluating the implementation of the Recommendation on the Safeguarding of Traditional Culture and Folklore and the recommendations stemming from the eight Regional and Sub-Regional Seminars [Straznice (Czech Republic, June 1995, for Central and Eastern European countries); Mexico City (Mexico, September 1997, for Latin American and Caribbean countries); Tokyo (Japan, February-March 1998, for Asian countries); Joensuu (Finland, September 1998, for Western European countries); Tashkent (Republic of Uzbekistan, October 1998, for Central Asia and the Caucasus); Accra (Ghana, January 1999, for the African region); Noumea (New Caledonia, February 1999, for the Pacific Countries); and Beirut (Lebanon, May 1999, for the Arab States];
2. Bearing in mind that the term, "folklore" has generally been considered inappropriate, but emphasizing the importance of its definition as it stands in the 1989 Recommendation on the Safeguarding of Traditional Culture and Folklore, while recommending a study on a more appropriate terminology, and provisionally continuing to use the term "folklore", along with "oral heritage," "traditional knowledge and skills," "intangible heritage," "forms of knowing, being and doing," among other terms, all of which, for the purposes of this recommendation, we consider to be equivalent to "traditional culture and folklore" in the definition of the afore-mentioned 1989 Recommendation.
3. Cognisant of the impossibility of separating tangible, intangible and natural heritage in many communities;
4. Considering that traditional culture and folklore are primarily based in community activities which express, reinforce and reflect largely shared values, beliefs, ideas and practices;
5. Emphasising that the diversity embodied in multiple cultural ways of knowing, being and doing is an essential characteristic of cultural heritage and is vital in the construction of a peaceful co-existence for all life forms in the future;
6. Underlining the specific nature and importance of traditional culture and folklore as an integral part of the heritage of humanity;
7. Noting the spiritual, social, economic, cultural, ecological and political importance of traditional culture and folklore, their role in the histories of peoples and their place in contemporary society;
8. Acknowledging that traditional culture and folklore can be a powerful means of bringing together different peoples and social groups and of asserting their cultural identities in a spirit of understanding and respect for other cultures;
9. Stressing the need in all countries for recognition of the role of traditional culture and folklore and the danger that practitioners face from multiple factors;
10. Concerned with the fact that the well-being of community members and their practices–whose strength and numbers are threatened daily by powerful forces such as war, forced displacement, intolerant ideologies and philosophies, environmental deterioration, socio-economic marginalisation and global commercialised culture–must be at the centre of national and international cultural policy;
11. Taking into account that traditional culture and folklore are dynamic and are often adapted through the innovative practices of community life;
12. Recognising that practitioners of traditional culture and folklore must be included to contribute expertise that is crucial to local, national and international policy-making in such areas as health, environment, education, youth gender, conflict resolution, the peaceful coexistence of ethnic groups, sustainable human development and inclusive civic participation as well as fighting chauvinism and intolerance;
13. Deploring the exclusion of traditional groups from decision-making concerning the safeguarding of traditional culture and folklore;
14. Acknowledging that States are comprised of cultural communities, that these communities and their folklore and beliefs often extend beyond State boundaries, and that individuals may be members of more than one community;
15. Recognising that cultural interaction and exchange leads to the emergence of hybrid genres that reflect these cross-cultural exchanges;
16. Recognising that the preservation of traditional culture and folklore and the right to cultural self-determination in local communities should be consistent with current international standards of human rights;
17. Observing the important role that governments and non-governmental organisations can play in collaboration with tradition-bearers in the safeguarding of traditional culture and folklore and that they should act as quickly as possible.
B. We, the participants in the Conference "A Global Assessment of the 1989 Recommendation on the Safeguarding of Traditional Culture and Folklore: Local Empowerment and International Co-operation", recognise that the following measures need to be taken:
1. Develop legal and administrative instruments for protecting traditional communities–who create and nurture traditional culture and folklore–from poverty, exploitation and marginalisation;
2. Facilitate collaboration among communities, government and academic institutions, local and non-governmental organisations as well as private sector organisations in order to address the issues facing traditional groups;
3. Ensure meaningful participation of traditional groups in decision-making processes affecting them in forums at all levels concerned with issues and policies that affect those groups;
4. Develop, in co-operation with communities, adequate education and training, including legal training, for their members and other cultural workers in understanding, preserving and protecting traditional culture and folklore;
5. Develop programs that address the transnational nature of some traditional culture and folklore;
6. Give special emphasis to programs that recognise, celebrate and support women's roles in all aspects of their communities, which have been historically underrepresented, as contributors to traditional cultures and as field workers, scholars and administrators;
7. Provide support for programs of cultural revitalisation, particularly for groups displaced by war, famine or natural disasters and other groups under threat of extinction;
8. Undertake measures to assist traditional groups, including legal assistance, in their own efforts to improve their social status and economic well-being, which are essential to their continued cultural practices.
C. Specific Actions:
On the basis of the aforementioned principles and needs - We recommend to the Governments of States that they:
1. Identify and support programs that encourage public recognition and validation of traditional culture and folklore, continuing to support existing institutions and programs as well as establishing new ones where appropriate;
2. Institute and strengthen schemes for the comprehensive welfare of custodians and practitioners of traditional cultures addressing issues such as housing, health care and occupational hazards;
3. Include local knowledge in national forums that consider questions such as sustainable human development, globalisation environmental degradation, youth, education and peaceful coexistence;
4. Facilitate and assist communities to develop their traditional material culture and work practices in new contexts as efficient countermeasures to the destruction of the natural environment and the devaluation of the dignity of human labour;
5. Provide cultural awareness training to workers in administrative, educational and other institutions involved with traditional groups;
6. Facilitate access for members of traditional groups to relevant educational programs and, where necessary, facilitate the creation–with the community–of multipurpose, community-based centres for education, documentation and training;
7. Provide support to communities to preserve the active, creative use of local languages in areas that include, but are not limited to, education, publishing and public performance;
8. Provide support for the preservation of significant material culture and spaces that are crucial to the transmission of traditional culture and folklore;
9. Support local, national and international symposiums that bring together members of traditional groups, representatives of non-governmental organisations, policy makers and others to address issues facing traditional groups;
10. Identify, understand, encourage and support traditional educational practices, especially those relating to the very young;
11. Create a network of experts to assist local groups, cultural institutions, non-governmental organisations and commercial organisations in the work of safeguarding traditional culture, especially in areas such as education, tourism, law and development;
12. Consider, if they so desire, the possible submission of a draft resolution to UNESCO General conference requesting UNESCO to undertake a study on the feasibility of adopting a new normative instrument on the safeguarding of traditional culture and folklore;
13. Act in accordance with the obligations of States to protect the right to culture in Article 27 of the International Covenant of Civil and Political Rights, by actively supporting communities in their practices of generation, transmission, authorisation and attribution of traditional knowledge and skills in accordance with the wishes of the communities, and in conformity with current international standards of human rights and Consider taking steps, including, but not limited to, the following:
(i) Adopting a legal scheme, according to which traditional knowledge can be made available by the community, in compliance with its wishes, for public use with a requirement of remuneration or other benefits in case of commercial use; and cooperating to assure mutual recognition by all States of the effects of such schemes.
(ii) Adopting a sui
generis legal regime which would ensure protection
• extending for the life of the community;
• vested in the community, or in the individual
and the community;
• in accordance with traditional authorisation
and attribution procedures in the community;
and establishing a body representing the community
concerned and the relevant sectors of civil society to balance
the competing interests of access and control;
(iii) In awaiting adoption of a better protective scheme, encourage modification and use, in accordance with customary laws, of existing intellectual property regimes for the protection of traditional knowledge.
(iv) Create tasks groups
to engage in further study of the following issues:
content of "prior informed consent"; verification processes
(burden of proof, modes of evidence codes); community intellectual
rights vis a vis intellectual property rights; relationship
to other instruments and Draft Documents (UN Draft Document, WIPO,
TRIPS, CBD, Maatatu, SUVA and other Indigenous peoples" declarations);
questions of "rights" (authorship, moral, compensation);
role of governments; problems of terminology (e.g., definitions
and connotations of "folklore", "popular culture",
etc.); alternative forms of compensation; promotion of case studies
in relation to case law; legal mechanisms/documents specific to
handicrafts, music and other art forms; legal mechanisms applicable
to knowledge collected prior to this instrument.
We recommend that UNESCO:
1. Promote this Action Plan among its Member States by bringing this meeting to the attention of Member States;
2. Establish an international, interdisciplinary network of experts to assist Member States in developing, upon request, concrete programs in conformity with the principles of the present Action Plan;
3. Establish an international interdisciplinary mobile working group of legal experts to work as advisors in collaboration with communities to develop suitable instruments for the protection of traditional culture and folklore;
4. Encourage the participation, and wherever necessary, the establishment of international non-governmental organisations with specialist expertise in particular areas of folklore and traditional knowledge to advise UNESCO on the protection of folklore and traditional knowledge;
5. Encourage international groups (scholars, cultural professionals, commercial organisations and legal bodies) to develop and adopt codes of ethics ensuring appropriate, respectful approaches to traditional culture and folklore;
6. Accelerate the movement for the return of human remains and for repatriation of cultural heritage to assist the revitalisation and self-perception of traditional cultures according to their own fundamental values;
7. Organise and support the formation of an international forum for the representation of traditional communities' concerns for safeguarding their own culture as well as regional and international symposiums that bring together members of traditional groups, representatives of non-governmental organisations, policy makers and others to address issues facing traditional groups, such as women's role in the safeguarding of traditional culture. Symposiums should be held in diverse locations, particularly outside of First World nations–for example in Yakutia;
8. Facilitate the application of new technologies in local, national and regional documentation centres through networks of collaboration and expertise, including local tradition bearers;
9. Promote traditional culture and folklore on a global scale by such measures as producing regional festivals and declaring a World Day for Safeguarding Traditional Culture and Folklore;
10. Continue UNESCO's collaboration with WIPO on issues of common interest;
11. Use UNESCO's existing procedures to bring the possible adverse impact of actions on human rights, environment, food, agriculture, livelihood and industry, health and trade on culture to the attention of other UN bodies, such as FAO, WHO, UNICEF, UNIFEM and others as well as the WTO.