Adopts this Convention on this seventeenth day of October 2003. I. General provisions
Article 1 – Purposes of the Convention The 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, national and international levels of the importance of the intangible cultural heritage, and of ensuring mutual appreciation thereof; (d) to provide for international cooperation and assistance. Article 2 – Definitions
For the purposes of this Convention,
1. The “intangible cultural heritage” means the practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artefacts and cultural spaces associated therewith – that communities, groups and, in some cases, individuals
recognize as part of their cultural heritage. This intangible cultural heritage, transmitted from generation to generation, is constantly recreated by communities and groups in
response to their environment, their interaction with nature and their history, and provides them with a sense of identity and continuity, thus promoting respect for cultural diversity and human creativity. For the purposes of this Convention, consideration will be given solely to such intangible cultural heritage as is compatible with existing international human rights instruments, as well as with the requirements of mutual respect among communities, groups and individuals, and of sustainable development.
2. The “intangible cultural heritage”, as defined in paragraph 1 above, is manifested inter alia in the following domains:
(a) oral traditions and expressions, including language as a vehicle of the intangible cultural heritage; (b) performing arts;
(c) social practices, rituals and festive events;
(d) knowledge and practices concerning nature and the universe; (e) traditional craftsmanship. - 3 -
3. “Safeguarding” means measures aimed at ensuring the viability of the intangible cultural heritage, including the identification, documentation, research, preservation, protection, promotion, enhancement, transmission, particularly through formal and
nonformal education, as well as the revitalization of the various aspects of such heritage. 4. “States Parties” means States which are bound by this Convention and among which this Convention is in force.
5. This Convention applies mutatis mutandis to the territories referred to in Article 33 which become Parties to this Convention in accordance with the conditions set out in that Article. To that extent the expression “States Parties” also refers to such territories. Article 3 – Relationship to other international instruments Nothing in this Convention may be interpreted as:
(a) altering the status or diminishing the level of protection under the 1972
Convention concerning the Protection of the World Cultural and Natural Heritage of World Heritage properties with which an item of the intangible cultural
heritage is directly associated; or
(b) affecting the rights and obligations of States Parties deriving from any international instrument relating to intellectual property rights or to the use of biological and ecological resources to which they are parties. II. Organs of the Convention
Article 4 – General Assembly of the States Parties
1. A General Assembly of the States Parties is hereby established, hereinafter referred to as “the General Assembly”. The General Assembly is the sovereign body of this Convention.
2. The General Assembly shall meet in ordinary session every two years. It may meet in extraordinary session if it so decides or at the request either of the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage or of at least one-third of
the States Parties.
3. The General Assembly shall adopt its own Rules of Procedure. Article 5 – Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage
1. An Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage, hereinafter referred to as “the Committee”, is hereby established within UNESCO.
It shall be composed of representatives of 18 States Parties, elected by the States Parties meeting in General Assembly, once this Convention enters into force in accordance with Article 34.
2. The number of States Members of the Committee shall be increased to 24 once the number of the States Parties to the Convention reaches 50. - 4 -
Article 6 – Election and terms of office of States Members of the Committee
1. The election of States Members of the Committee shall obey the principles of equitable geographical representation and rotation.
2. States Members of the Committee shall be elected for a term of four years by States Parties to the Convention meeting in General Assembly.
3. However, the term of office of half of the States Members of the Committee elected at the first election is limited to two years. These States shall be chosen by lot at the first election.
4. Every two years, the General Assembly shall renew half of the States Members of the Committee.
5. It shall also elect as many States Members of the Committee as required to fill vacancies.
6. A State Member of the Committee may not be elected for two consecutive terms.
7. States Members of the Committee shall choose as their representatives persons who are qualified in the various fields of the intangible cultural heritage. Article 7 – Functions of the Committee
Without prejudice to other prerogatives granted to it by this Convention, the functions of the
Committee shall be to:
(a) promote the objectives of the Convention, and to encourage and monitor the
implementation thereof;
(b) provide guidance on best practices and make recommendations on measures for the safeguarding of the intangible cultural heritage;
(c) prepare and submit to the General Assembly for approval a draft plan for the use of the resources of the Fund, in accordance with Article 25;
(d) seek means of increasing its resources, and to take the necessary measures to this end, in accordance with Article 25;
(e) prepare and submit to the General Assembly for approval operational directives for the implementation of this Convention;
(f) examine, in accordance with Article 29, the reports submitted by States Parties, and to summarize them for the General Assembly;
(g) examine requests submitted by States Parties, and to decide thereon, in accordance with objective selection criteria to be established by the Committee and approved by the General Assembly for: - 5 -
(i) inscription on the lists and proposals mentioned under Articles 16, 17 and 18;
(ii) the granting of international assistance in accordance with Article 22. Article 8 – Working methods of the Committee
1. The Committee shall be answerable to the General Assembly. It shall report to it on all its activities and decisions.
2. The Committee shall adopt its own Rules of Procedure by a two-thirds majority of its Members.
3. The Committee may establish, on a temporary basis, whatever ad hoc consultative bodies it deems necessary to carry out its task.
4. The Committee may invite to its meetings any public or private bodies, as well as private persons, with recognized competence in the various fields of the intangible cultural
heritage, in order to consult them on specific matters. Article 9 – Accreditation of advisory organizations
1. The Committee shall propose to the General Assembly the accreditation of nongovernmental
organizations with recognized competence in the field of the intangible cultural heritage to act in an advisory capacity to the Committee.
2. The Committee shall also propose to the General Assembly the criteria for and modalities of such accreditation. Article 10 – The Secretariat
1. The Committee shall be assisted by the UNESCO Secretariat.
2. The Secretariat shall prepare the documentation of the General Assembly and of the Committee, as well as the draft agenda of their meetings, and shall ensure the implementation of their decisions.
III. Safeguarding of the intangible cultural heritage at the national level Article 11 – Role of States Parties Each State Party shall:
(a) take the necessary measures to ensure the safeguarding of the intangible cultural
heritage present in its territory;
(b) among the safeguarding measures referred to in Article 2, paragraph 3, identify and define the various elements of the intangible cultural heritage present in its
territory, with the participation of communities, groups and relevant nongovernmental organizations. - 6 -
Article 12 – Inventories
1. To ensure identification with a view to safeguarding, each State Party shall draw up, in a manner geared to its own situation, one or more inventories of the intangible cultural heritage present in its territory. These inventories shall be regularly updated.
2. When each State Party periodically submits its report to the Committee, in accordance with Article 29, it shall provide relevant information on such inventories. Article 13 – Other measures for safeguarding
To ensure the safeguarding, development and promotion of the intangible cultural heritage
present in its territory, each State Party shall endeavour to:
(a) adopt a general policy aimed at promoting the function of the intangible cultural heritage in society, and at integrating the safeguarding of such heritage into planning programmes;
(b) designate or establish one or more competent bodies for the safeguarding of the intangible cultural heritage present in its territory;
(c) foster scientific, technical and artistic studies, as well as research methodologies, with a view to effective safeguarding of the intangible cultural heritage, in particular the intangible cultural heritage in danger;
(d) adopt appropriate legal, technical, administrative and financial measures aimed at: (i) fostering the creation or strengthening of institutions for training in the management of the intangible cultural heritage and the transmission of such heritage through forums and spaces intended for the performance or expression thereof;
(ii) ensuring access to the intangible cultural heritage while respecting customary practices governing access to specific aspects of such heritage; (iii) establishing documentation institutions for the intangible cultural heritage and facilitating access to them.
Article 14 – Education, awareness-raising and capacity-building Each State Party shall endeavour, by all appropriate means, to:
(a) ensure recognition of, respect for, and enhancement of the intangible cultural heritage in society, in particular through:
(i) educational, awareness-raising and information programmes, aimed at the general public, in particular young people;
(ii) specific educational and training programmes within the communities and groups concerned; - 7 -
(iii) capacity-building activities for the safeguarding of the intangible cultural heritage, in particular management and scientific research; and (iv) non-formal means of transmitting knowledge;
(b) keep the public informed of the dangers threatening such heritage, and of the
activities carried out in pursuance of this Convention;
(c) promote education for the protection of natural spaces and places of memory whose existence is necessary for expressing the intangible cultural heritage. Article 15 – Participation of communities, groups and individuals
Within the framework of its safeguarding activities of the intangible cultural heritage, each
State Party shall endeavour to ensure the widest possible participation of communities, groups
and, where appropriate, individuals that create, maintain and transmit such heritage, and to
involve them actively in its management.
IV. Safeguarding of the intangible cultural heritage at the international level Article 16 – Representative List of the Intangible Cultural Heritage of Humanity
1. In order to ensure better visibility of the intangible cultural heritage and awareness of its
significance, and to encourage dialogue which respects cultural diversity, the Committee, upon the proposal of the States Parties concerned, shall establish, keep up to date and publish
a Representative List of the Intangible Cultural Heritage of Humanity.
2. The Committee shall draw up and submit to the General Assembly for approval the criteria for the establishment, updating and publication of this Representative List. Article 17 – List of Intangible Cultural Heritage in Need of Urgent Safeguarding 1. With a view to taking appropriate safeguarding measures, the Committee shall establish,
keep up to date and publish a List of Intangible Cultural Heritage in Need of Urgent
Safeguarding, and shall inscribe such heritage on the List at the request of the State Party concerned.
2. The Committee shall draw up and submit to the General Assembly for approval the criteria for the establishment, updating and publication of this List.
3. In cases of extreme urgency – the objective criteria of which shall be approved by the General Assembly upon the proposal of the Committee – the Committee may inscribe an item
of the heritage concerned on the List mentioned in paragraph 1, in consultation with the State
Party concerned.
Article 18 – Programmes, projects and activities for the safeguarding of the intangible cultural heritage
1. On the basis of proposals submitted by States Parties, and in accordance with criteria to
be defined by the Committee and approved by the General Assembly, the Committee shall
periodically select and promote national, subregional and regional programmes, projects and - 8 -
activities for the safeguarding of the heritage which it considers best reflect the principles and