The United Nations Educational, Scientific And Cultural Organization Convention On The Intangible Cultural Heritage

Original Language Title: Par Apvienoto Nāciju izglītības, zinātnes un kultūras organizācijas konvenciju par nemateriālā kultūras mantojuma saglabāšanu

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The Saeima has adopted and the President promulgated the following laws: the United Nations Educational, scientific and Cultural Organization Convention on the intangible cultural heritage article 1. 17 October 2003, the United Nations Educational, scientific and Cultural Organization Convention on the intangible cultural heritage (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. Fulfilment of the obligations provided for in the Convention are coordinated by the Ministry of culture. 3. article. The Convention shall enter into force in article 34 thereof within the time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. With the law put the Convention in English and its translation into Latvian language. The law adopted in 2004 the Saeima on 25 November. State v. President Vaira Vīķe-Freiberga in Riga 2004 December 15, the CONVENTION FOR the SAFEGUARDING OF the CULTURAL heritage of the INTANGIBL General Conference of the United Nations Educational, Scientific and Cultural Organization hereinafter referred to as UNESCO, meeting in Paris, from 29 September to 17 October 2003, at its 32nd session, Referring to existing international human rights instruments, in particular to the Universal Declaration on Human rights of 1948 , the International Covenant on Economic, Social and Cultural Rights of 1966, and the International Covenant on Civil and Political Rights of 1966, Considering the importanc of the intangibl of the cultural heritage as a mainspring of cultural diversity and a guarantee of sustainable development, as underscored in the UNESCO Recommendations on the Safeguarding of Traditional culture and Folklore of 1989, in the UNESCO Universal Declaration on Cultural Diversity of 2001 , and in the Istanbul Declaration of 2002 adopted by the Third Round table of Minister of culture, Considering the deep-seated interdependenc between the intangibl of the cultural heritage and the tangibl of the cultural and natural heritage, Recognizing that the processes of globalization and social transformation, alongsid the conditions they create for renewed stands out among the dialogue among communities, also give rise, as does the phenomenon of the intoleranc , the grave threats of deterioration, destruction of the disappearanc and intangibl of cultural heritage, in particular to a lack of Owings resources for safeguarding such heritage, Being aware of the universal will and the common concern to safeguard the cultural heritage of humanity of the intangibl, Recognizing that indigenous Australians in particular communities, in communities, groups and, in some cases, individual, play an important role in the production , safeguarding, maintenance and recreation of the intangibl of the cultural heritage of helping to enrich the cultural diversity and human creativity, Noting the far-reaching impact of the activities of UNESCO in establishing normative instruments for the protection of the cultural heritage, in particular the Convention for the Protection of the World Cultural and Natural Heritage of 1972, Noting further that from binding instrument as multilaterals yet exists for the safeguarding of the cultural heritage of intangibl , Considering that existing international agreements, recommendations and resolutions concerning the cultural and natural heritage need to be effectively enriched and supplemented by means of new provision relating to the intangibl of the cultural heritage, Considering the need to build greater awareness, especially among the generation of youngers of the importanc of the intangibl of cultural heritage and of it's safeguarding, Considering that the international community should contribute , together with the States parties to this Convention, to the safeguarding of such heritage in a spirit of cooperation and mutual assistance, Recalling UNESCO's programmes relating to the intangibl of the cultural heritage, in particular the Proclamations of masterpieces of the Oral and the heritage of Humanity, Intangibl Considering the roles of invaluabl of the intangibl of the cultural heritage as a factor in bringing human being in closer together and ensuring exchange and understanding among them Adopts this Convention on, this seventeenth day of October 2003. I. General provision Article 1-Purpose of the Convention the purpose of this Convention: (a) with the intangibl of the safeguards) cultural heritage; (b) the respect of ensur) for the intangibl of the cultural heritage of the communities, groups and individual is concerned; (c)) to raise awareness at the local, national and international levels of the importanc of the intangibl of the cultural heritage, and of ensuring mutual appreciation thereof; (d) it provides for international) cooperation and assistance. Article 2-Definition For the purpose of this Convention, 1. The "intangibl of cultural heritage" means the practices, representation, expressions, knowledge, skills – as well as the instruments, objects, artefact and cultural spaces associated therewith – that communities, groups and, in some cases, the individual will recognize as part of their cultural heritage. This intangibl of 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, of promoting the respect for cultural diversity and human creativity. For the purpose of this Convention, the considerations will be given solely to such intangibl of cultural heritage as is compatible with existing international human rights instruments, as well as with the requirements of mutual respect among communities, groups and individual, and of sustainable development. 2. The "intangibl of 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 intangibl of the cultural heritage; b) performing arts; c) social practices, ritual and Festival events; d) knowledge and practices concerning nature and the universe; e) traditional craftsmanship. 3. "Safeguarding" means measure aimed at ensuring the viability of the of the intangibl of 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 accordanc with the conditions set out in that article. It that exten the expression "States parties" also refer 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 intangibl of the cultural heritage is directly associated; or (b) the rights and obligations regimes 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) the 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 decide or at the request either of the Intergovernmental Committee for the Safeguarding of the Cultural heritage of Intangibl or of at least one-third of the States parties. 3. The General Assembly shall adop it will own rules of procedure. Article 5 – Intergovernmental Committee for the Safeguarding of the Cultural heritage of Intangibl 1. An Intergovernmental Committee for the Safeguarding of the Cultural heritage of Intangibl, 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 enter into force in accordanc 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 reach 50. Article 6 – Election and terms of Office of States members of the Committee 1. The election of States members of the Committee shall obeys the principles of equitable representation location and rotation. 2. the 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 ranges. 6. A State Member of the Committee may not be elected for two consecutive terms of Office. 7. the States members of the Committee shall choose as their representatives persons who are qualified in the various fields of the intangibl of the cultural heritage. Article 7 – functions of the Committee without prejudice to other granted to it by the prerogativ this Convention, the functions of the Committee shall be to: (a) promote the objective of the Convention, and to monitor the implementation and encourag thereof; (b) provide guidance on best practices and make recommendations on measure for the safeguarding of the cultural heritage of intangibl; (c) prepare and submit to the General Assembly for approval a draft plan for the use of the resources of the Fund, in accordanc with article 25; (d) seek means of increasing its resources, and to take the measure to this end of the cessary, in accordanc with article 25; (e) prepare and submit to the General Assembly for approval operational directives for the implementation of this Convention; (f), in accordanc with examin article 29, the reports submitted by States parties, and to summarize them for the General Assembly; (g) the examin requests submitted by States parties, and to decide thereon, in accordanc with objective selection criteria to be established by the Committee and approved by the General Assembly for: (i) inscription on the lists and proposals mentioned under articles 16, 17 and 18; (ii) the granting of international assistance in accordanc with article 22 article 8 – Working methods of the Committee 1. The Committee shall be answerabl to the General Assembly. It shall report to it on all its activities and decisions. 2. The Committee shall make its own adop 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 will not carry the cessary deemas 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 intangibl of the cultural heritage, in order to consult them on specific matters. Article 9 – Accreditation of advisory organizations 1. The Committee shall proposes to the General Assembly the accreditation of nongovernmental organizations with recognized competence in the field of the intangibl of cultural heritage to act in an advisory capacity to the Committee. 2. The Committee shall also proposes to the General Assembly the criteria for and the accreditation of such modalit. 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 ensur the implementation of their decisions. III. Safeguarding of the cultural heritage of intangibl at the national level article 11 – role of States parties Each State Party shall: (a) take the cessary to ensur "the safeguarding of the cultural heritage of intangibl present in its territory; (b) among the safeguarding measure referred to in of article 2, paragraph 3, identify and define the various elements of the intangibl of cultural heritage present in its territory, with the participation of communities, groups and relevant nongovernmental organizations. Article 12-Inventor to ensur It 1 identification with a view to safeguarding, each State Party shall draw up, in a manner geared to its own situation, one or more of the intangibl to the inventor cultural heritage present in its territory. These inventor shall be regularly updated to. 2. When each State Party to submit its report periodically to the Committee, in accordanc with article 29, it shall provide relevant information on such inventor. Article 13-the Others measure for safeguarding Their ensur the safeguarding, development and promotion of the intangibl of cultural heritage present in its territory, each State Party shall endeavour to: (a) a general policy aimed at adop promoting the function of the intangibl of the cultural heritage in society, and at integrating the safeguarding of such heritage into planning programmes; (b) establish or one designat or more competent the bodies for the safeguarding of the cultural heritage of intangibl present in its territory; (c) to foster scientific, technical and artistic studies, as well as research, with a view to methodolog effective safeguarding of the cultural heritage of intangibl, in particular the intangibl of cultural heritage in danger; (d) to appropriate legal, technical adop, administrative and financial measure aimed at of: (i) fostering the creation or strengthening of institutions for training in the management of the intangibl of the cultural heritage and the transmission of such heritage through forums and spaces intended for the performance or expression thereof; (ii) ensuring access to the intangibl of cultural heritage while respecting customary practices each time the access to specific aspects of such heritage; (iii) establishing documentation institutions for the intangibl of the 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) recognition of ensur, respect for, and enhancement of the cultural heritage of intangibl 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; (iii) capacity-building activities for the safeguarding of the cultural heritage of intangibl, 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 the pursuanc of this Convention; c) promote education for the protection of natural spaces and places of memory whose existenc is not expressing the cessary for the intangibl cultural heritage. Article 15-Participation of communities, groups and individual is Within the framework of its safeguarding activities of the intangibl of the cultural heritage, each State Party shall endeavour to ensur the wides a possible participation of communities, groups and, where appropriate, the individual that create, maintain and transmit such heritage, and to them actively involv in it management. IV. Safeguarding of the cultural heritage of intangibl at the international level article 16 – representative list of the Intangibl of the Cultural heritage of Humanity 1. In order to ensur better visibility of the intangibl of the cultural heritage and awareness of it, and it will encourag significanc of dialogue in respect of which 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 Intangibl of the 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 Intangibl of Cultural Heritagein need of urgent Safeguarding 1. With a view to taking appropriate safeguarding measure, the Committee shall establish, keep up to date and publish a list of the Intangibl Cultural Heritage in need of urgent Safeguarding, and shall inscrib is 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 inscrib is 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 cultural heritage of intangibl 1. On the basis of proposals submitted by States parties, and in accordanc 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 activities for the safeguarding of the heritage which it consider the best reflec the principles and objective of this Convention , taking into account the special needs of developing countries. 2. To this end, it shall receive, and approve the examin requests for international assistance from States parties for the preparation of such proposals. 3. The Committee shall accompany the implementation of such projects, programmes and activities by disseminating best practices using means to be determined by it v. International cooperation and assistance article 19 Cooperation 1.-For the purpose of this Convention, international cooperation includes, inter alia, the exchange of information and experience, joint initiative, and the establishment of a mechanism of assistance to States parties in their efforts to safeguard the cultural heritage of intangibl. 2. Without prejudice to the provision of their national legislation and customary law and practices, the States parties recognize that the safeguarding of cultural heritage of intangibl is of general interest to humanity, and to that end to cooperate the undertak at the bilateral, subregional, regional and international levels. Article 20-the Purpose of international assistance International assistance may be granted for the following purpose: (a) the safeguarding of the heritage inscribed on the list of the Intangibl Cultural Heritage in need of urgent Safeguarding; (b) the preparation of the inventor in the sense of articles 11 and 12; (c) support for programmes, projects and activities carried out at the national, subregional and regional levels aimed at the safeguarding of the cultural heritage of intangibl; (d) any other purpose the Committee may not be de cessary. Article 21 – forms of international assistance the assistance granted by the Committee to a State Party shall be governed by the operational directives foreseen in article 7 and by the agreement referred to in article 24, and may take the following forms: (a) studies concerning various aspects of safeguarding; (b) the provision of experts and practitioner; (c) the training of all staff cessary not; (d) the elaborations of standard-setting and others measure; (e) the creation and operation of infrastructure; (f) the supply of equipment and know-how; (g) other forms of financial and technical assistance, including, where appropriate, the granting of low-interest loans and donations. Article 22-conditions each time the international assistance 1. The Committee shall establish the procedure for examining requests for international assistance, and shall specify what information shall be included in the requests, such as the measure of the envisaged and the interventions required, together with an assessment of their cost. 2. In emergencies, requests for assistance shall be examined by the Committee as a matter of priority. 3. In order to reach a decision, the Committee shall in such studies and consultation undertak as it not cessary deemas. Article 23 – requests for international assistance 1. Each State Party may submit to the Committee a request for international assistance for the safeguarding of the cultural heritage of intangibl present in its territory. 2. Such a request may also be jointly submitted by two or more States parties. 3. The request shall include the information stipulated in article 22, paragraph 1, together with the cessary documentation. Article 24 – role of beneficiary States parties 1. In conformity with the provision of this Convention, the international assistance granted shall be regulated by means of an agreement between the beneficiary State Party and the Committee. 2. As a general rule, the beneficiary State Party shall, within the limits of its resources, share the cost of the safeguarding measure for which international assistance is provided. 3. The beneficiary State Party shall submit to the Committee a report on the use made of the assistance provided for the safeguarding of the cultural heritage of intangibl. Vi. the Intangibl Cultural Heritage Fund article 25 nature and resources of the Fund 1 A "Fund for the Safeguarding of the Cultural heritage of Intangibl", hereinafter referred to as "the Fund", is hereby established. 2. The Fund shall consis of funds-in-trust established in accordanc with the Financial Regulations of UNESCO. 3. The resources of the Fund shall be consis of: (a) contributions made by States parties; (b) the funds appropriated for this purpose by the General Conference of UNESCO; (c) contributions, gifts or a bequest which may be made by: (i) other States; (ii) organizations and programmes of the United Nations system, particularly the United Nations development programme, as well as other international organizations; (iii) public or private bodies or individual; (d) any interest due on the resources of the Fund; (e) funds raised through collections, and receipts from events organized for the benefit of the Fund; (f) any other resources authorized by the Fund's regulations, to be drawn up by the Committee. 4. The use of resources by the Committee shall be decided on the basis of guidelines put down by the General Assembly. 5. The Committee may accept contributions and other forms of assistance for general and specific purpose of relating to specific projects, provided that those projects have been approved by the Committee. 6. From the political, economic or other conditions which are incompatibl with the objective of this Convention may be attached to contributions made to the Fund. Article 26 – contributions of States parties to the Fund without prejudice 1 to any supplementary voluntary contribution, the States parties to this Convention to undertak pay into the Fund, at least every two years, a contribution, the amount of which, in the form of a uniform percentage applicable to all States, shall be determined by the General Assembly. This decision of the General Assembly shall be taken by a majority of the States parties present and voting which have not made the declaration referred to in paragraph 2 of this article. In the case of IR the contributions of the State Party exceeds 100% of its contribution to 1, the regular budget of UNESCO. 2. However, each State referred to in article 32 or in article 33 of this Convention may declare, at the time of the deposit of its instrument of ratification, acceptance, approval or accession, that it shall not be bound by the provision of paragraph 1 of this article. 3. A State Party to this Convention which has made the declaration referred to in paragraph 2 of this article shall endeavour to withdraw the said declaration by notifying the Director-General of UNESCO. However, the attention of the declaration shall not take effect in regard to the contribution due by the State until the date on which the subsequent session of the General Assembly open. 4. In order to enable the Committee to plan its operations effectively, the contributions of States parties to this Convention which have made the declaration referred to in paragraph 2 of this article shall be paid on a regular basis, at least every two years, and should be as close as possible to the contributions they would have owed table if they had been bound by the provision of paragraph 1 of this article. 5. Any State Party to this Convention which is in arrear with the payment of its compulsory or voluntary contribution for the current year and the calendar year immediately preceding it shall not be eligible as a Member of the Committee; This provision shall not apply to the first election. The term of Office of any such State which is already a Member of the Committee shall come to an end at the time of the elections provided for in article 6 of this Convention. Article 27 – Voluntary supplementary contributions to the Fund States parties wishing to provide voluntary contributions in addition to those foreseen under article 26 shall inform the Committee, as soon as possible, so as to enable it to plan its operations accordingly. Article 28-International fund-raising campaigns the States parties shall, insofar as is possible, lend their support to the international fund-raising campaigns organized for the benefit of the Fund under the auspic of UNESCO. VII. Reports article 29 – reports by the States parties, the States parties shall submit to the Committee, observing the forms and periodicity to be defined by the Committee, reports on the legislative, regulatory and other measure taken for the implementation of of this Convention. Article 30 – reports by the Committee 1 On the basis of its activities and the reports by States parties referred to in article 29, the Committee shall submit a report to the General Assembly at each of its sessions. 2. The report shall be brough to the attention of the General Conference of UNESCO. VIII. Transitional clause Article 31 – Relationship to the Proclamations of masterpieces of the Oral and the heritage of Humanity 1 Intangibl. The Committee shall incorporat in the representative list of the Intangibl of the Cultural heritage of Humanity the items proclaimed "masterpieces of the Oral and the Intangibl heritage of Humanity" before the entry into force of this Convention. 2. The incorporation of these items in the representative list of the Intangibl of the Cultural heritage of Humanity shall in no way prejudg the criteria for future inscription is decided upon in accordanc with article 16, paragraph 2 of the 3 further Proclamations will be made after the entry into force of this Convention. IX. Article 32 of the Final Commission Ratification, acceptance or approval-1. This Convention shall be subject to ratification, acceptance or approval by States members of UNESCO in accordanc with their respectiv constitutional procedures in. 2. The instrument of ratification, acceptance or approval shall be deposited with the Director-General of UNESCO. Article 33 – Accession 1 this Convention shall be open to accession by all States not members of UNESCO that are invited by the General Conference of UNESCO to accede to it. 2. This Convention shall also be open to accession by territories which enjoy full internal self-government recognized as such by the United Nations, but have not attained full independence in General Assembly resolution 1514 accordanc with (XV) , and which have competence over the matters governed by this Convention, including the competence to enter into the treats in respect of such matters. 3. The instrument of accession shall be deposited with the Director-General of UNESCO. Article 34 – Entry into force this Convention shall enter into force three months after the date of the deposit of the thirtieth instrument of ratification, acceptance, approval or accession, but only with respect to those States that have deposited their instruments of ratification, respectiv acceptance, approval, or accession on or before that date. It shall enter into force with respect to any other State Party three months after the deposit of its instrument of ratification, acceptance, approval or accession. Article 35 – Federal or non-unitary constitutional systems the following provision shall apply to the States parties which have a federal or non-unitary constitutional system: (a) with regard to the provision of this Convention, the implementation of which comes under the legal jurisdiction of the federal or central legislative power, the obligations of the federal or central Government shall be the same as for those States parties which are not federal States; (b) with regard to the provision of this Convention, the implementation of which comes under the jurisdiction of individual mobility scooters to States, countries, provinces or canton in which are not obliged by the constitutional system of the federation to take legislative measure, the federal Government shall inform the competent authorities to be of such States, countries, provinces or canton of the said provision, with its recommendations for their adoption. Article 36 – Denunciation 1. Each State Party may denounc this Convention. 2. The denunciation shall be notified by an instrument in writing, deposited with the Director-General of UNESCO. 3. The denunciation shall take effect twelve months after the receipt of the instrument of denunciation. It shall in no way be affec the financial obligations of the denouncing State Party until the date on which the withdrawals takes effect. Article 37 – Depositary functions the Director-General of UNESCO, as the Depositary of this Convention, shall inform the States members of the Organization, the States not members of the Organization referred to in article 33, as well as the United Nations, of the deposit of all the instruments of ratification, acceptance, approval or accession provided for in articles 32 and 33, and of the denunciation provided for in article 36 Article 38 – Amendments. 1. A State Party may , by written communication addressed to the Director-General, proposes amendments to the States of the Convention. The Director-General shall circulate such communication to all States parties. If, within six months from the date of the circulation of the communication, not less than one half of the States parties reply favourably to the request, the Director-General shall present such proposal to the next session of the General Assembly for discussion and possible adoption. 2. Amendments shall be adopted by a two-thirds majority a of States parties present and voting. 3. Once adopted, amendments to this Convention shall be submitted for ratification, acceptance, approval or accession to the States parties. 4. the Amendments shall enter into force, but solely with respect to the States parties that have ratified, accepted, approved or acceded to them, three months after the deposit of the instruments referred to in paragraph 3 of this article by two-thirds of the States parties. Thereafter, for each State Party that, accept, approve ratif or accede to an amendment, the said amendment shall enter into force three months after the date of deposit by that State Party of its instrument of ratification, acceptance, approval or accession. 5. The procedure set out in paragraphs 3 and 4 shall not apply to amendments to article 5 concerning the number of States members of the Committee. These amendments will enter into force, shall at the time they are adopted. 6. A State which become a Party to this Convention after the entry into force of amendments in conformity with paragraph 4 of this article shall, failing an expression of different intention, be considered: (a) as a Party to this Convention as so amended; and (b) a Party to the unamended Convention in relations to any State Party not bound by the amendments. Article 39-the texts this Convention Authoritativ has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authoritativ. Article 40 – Registration In conformity with article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of UNESCO. Done at Paris, this third day of November 2003, in two authentic cop to bearing the signature of the President of the 32nd session of the General Conference and of the Director-General of UNESCO. These two shall be deposited to the cop in the archives of UNESCO. Certified true cop shall be delivered it to all the States referred to in articles 32 and 33, as well as to the United Nations. (A) Paris, le fait Trois Novembre 2003, en deux exemplair authentiqu of the Prēsiden a la signature du portan de la session de la Confērenc-32 gēnēral-Director et du gēnēral de l ' UNESCO. CES deux exemplair dēpos be able to Don the seron les Archives de l ' UNESCO. To conform to the cop des certif seron a remis a Tous les Etats visēs aux articles 32 et 33 ains qu ' a l ' Organisation des Nations And. Hecho en On s d a Tres en este de noviembr de 2003 en DOS autēntico que llevan ejemplar a la the firm del Presidente de la reunion de la Conferenci of 32 General y del Director General de la UNESCO, ejemplar-que quedaran depositado en los Archivos de la UNESCO y de los se of the copi's cuala remitir certificada conform a Todos los Estados que se refieren a Los art culos 32 y 33 as a reading of the Unid com Funding. The above text is the authentic text of the Convention hereby duly adopted by the General Conference of UNESCO at its 32nd session, held in Paris and declared closed on the seventeenth day of October 2003. Le texte qui prēc de I le texte de la Convention authentiqu (d) to adopt on the Isle of Confērenc gēnēral de la l ' UNESCO sa 32 session, qui s ' est tenu Paris et qui a delegate in dēclarē close le dix-Sept 2003. octobr Lo anterior I el autēntic of the texts de la Convencion en Buena aprobad y por la debid form Conferenci General de la UNESCO en su reunion, celebrad 32A s y clausurad en On el diecisiet de octubr de 2003. IN WITNESS WHEREOF the undersigned have signed this Convention this third day of November 2003, the President of the General Conference the Director-General EN FOI DE quoi Ont leur signature in the appos, le Trois Novembre 2003 Le Prēsiden Le gēnēral Confērenc de la gēnēral EN Director of FE DE LO estampan CUALA sus the company, en este d a Tres de noviembr de 2003 El Presidente de la El Director General Conferenci General Certified Copy of the certifiē of the Cop the Copi certificada conform conform Paris, Legal Adviser of the United Nations Educational, Scientific and Cultural Organization Legal Adviser of de l ' Organisation des Nations And to pour l ' ēducation, la science et la culture, Asesor de la Organizacion Juris DICO de las Unidas of Funding for la Educacion y la Cultura De la Convention on the intangible cultural heritage by the United Nations Educational, scientific and Cultural Organization, hereinafter referred to as UNESCO, Ģenerālkonferenc, who arrived in Paris from 29 September 2003 to 17 October on your 32. session, referring to existing international human rights instruments, especially the 1948 Universal Declaration of human rights, the 1996 International Convention on economic, social and cultural rights as well as the 1966 International Convention on Civil and political rights, subject to the intangible cultural heritage as a source of cultural diversity and a guarantee of sustainable development, as it is stressed in the 1989 UNESCO recommendation of traditional culture and folklore, the 2001 UNESCO Universal Declaration on cultural diversity, as well as in 2002, the Culture Minister of the third round table adopted the Istanbul Declaration, recognizing the close interaction between intangible cultural heritage and the tangible cultural and natural heritage realizing that globalization and social transformation process, creating the conditions for the renewal of dialogue between communities, at the same time, like it is with such phenomena as intolerance, pose a serious threat to the intangible cultural heritage, promote its degradation, loss or destruction of, especially because this heritage for lack of funds, acknowledging that there is a common desire and concern for humanity's intangible cultural heritage, noting the far-reaching impact of the activities of UNESCO in the establishing a normative documents for the protection of the cultural heritage, especially the 1972 Convention on world cultural and natural heritage protection, noting that it currently does not yet exist a binding multilateral legislation intangible cultural heritage, in view of the fact that existing international agreements, recommendations and resolutions of the cultural and natural heritage should be effectively enriched and supplemented by creating new provisions relating to intangible cultural heritage , subject to the need to create awareness on intangible cultural heritage and its conservation significance, especially the new generations, given that the international community together with the Member States of the Convention on cooperation and mutual assistance spirit must contribute to this heritage, referring to UNESCO programs related to intangible cultural heritage, in particular — as a human oral and intangible cultural heritage of craftsmanship, respecting intangible cultural heritage as a people of tuvinoš understanding, sharing and providing the invaluable role of, adopt the Convention in 2003, the seventeenth of October. I. General provisions article 1 – aim of the Convention this Convention are: (a) to preserve the intangible cultural heritage; (b) to ensure respect for the communities, groups and individuals ' intangible cultural heritage; (c) build awareness at local, national and international levels on the intangible cultural heritage, ensuring its mutual recognition; (d) providing international cooperation and assistance. Article 2 – definitions under this Convention 1. "intangible cultural heritage" means custom games and oral expression, knowledge and skills, as well as related instruments, objects, artefacts and kultūrtelp of the communities, groups and, in some cases, individuals recognize as part of their cultural heritage. This intangible cultural heritage, which is passed on from generation to generation, community and Group constantly creates anew, depending on the surrounding environment, interaction with nature and their history, and it constitutes the sense of identity and continuity, thus promoting respect for cultural diversity and human creativity. Under this Convention takes into account only the intangible cultural heritage, which is compatible with the existing international human rights documents and requirements by mutual respect in communities, groups and individuals, as well as between after sustainable development. 2. the "intangible cultural heritage", as it 1. in point defined above, among others, gets the following areas: (a) oral traditions and expressions, including language as intangible cultural heritage media; (b) the art of the game; (c) customs, rituals and festivals; (d) knowledge and habits associated with nature and the universe; (e) traditional craft skills. 3. "Save" means to take actions aimed at providing the intangible cultural heritage, including the viability of its identification, documentation, research, preservation, protection, promotion, transfer, value, especially with the formal and informal education, as well as to revive following the various aspects of the heritage. 4. the "Member States" means States which are bound by the Convention and for which this Convention is in force. 5. Making the necessary amendments to this Convention shall apply to the territories, which are mentioned in article 33 of this Convention and will become Member States in accordance with the conditions laid down in this article. The term "Member States" shall also cover the following areas. Article 3 – relationship to other international instruments nothing in this Convention shall be interpreted it: (a) to change the status or reduce the level of protection the values declared as world heritage in accordance with the 1972 Convention on world cultural and natural heritage protection and which are directly related to one of the intangible cultural heritage; (b) to affect the rights and obligations of Member States arising from any intellectual property rights or also to biological and ecological resource use related to international law, which Member States they are. II. organs of the Convention article 4 – General Assembly of the Member States 1. There is hereby established the General Assembly of the Member States, which are referred to below as the "Assembly". The General Assembly is the sovereign body of this Convention. 2. the Assembly shall meet in regular sessions every two years. It may meet in extraordinary session if it so decides, or at the request of the Intergovernmental Committee of intangible cultural heritage or of at least one third of the Member States. 3. the Assembly shall adopt its own rules of procedure. Article 5 – Intergovernmental Committee of intangible cultural heritage preservation 1. at UNESCO Intergovernmental Committee is founded in intangible cultural heritage, hereinafter referred to as the Committee. It consists of representatives of the Member States, 18 of which will be elected by the Member States, meeting in the General Assembly after the Convention will come into force in accordance with article 34. 2. When the number of Member States of this Convention will have reached 50, the Member States represented in the Committee, the number should be increased to 24. Article 6: election of a member of the Committee and the term of Office of the Election Committee 1 Member States shall comply with the principle of equal geographical representation and rotation. 2. the States parties shall elect to membership of the General Assembly meeting of the Member States in the Committee for four years. 3. The Party of the ievēlētaj Member States of the Committee that will be elected for the first time, the term of Office is limited to two years. In the first elections in these States are determined by drawing lots. 4. Every two years the General Assembly has to replace half of the members of the Committee to the Member States. 5. It should also be elected by the Committee as many Member States as necessary to fill the empty space. 6. the Member States of the Committee may not be elected for two consecutive terms. 7. The Member States of the Committee should designate as their representatives persons who have the appropriate competence in various intangible cultural heritage areas. Article 7 – functions of the Committee without prejudice to this Convention, the other of its prerogatives, this Committee has the following functions: (a) promote the objectives of this Convention, to promote and monitor its implementation; (b) to make recommendations on best practices and to prepare recommendations for the intangible cultural heritage; (c) in accordance with article 25 shall prepare and submit to the General Assembly for approval a draft plan for the use of resources of the Fund; (d) in accordance with article 25 shall seek to increase the Fund's resources, as well as to carry out this objective necessary measures; (e) prepare and submit to the General Assembly for approval operational directives for the implementation of this Convention; (f) in accordance with article 29 to examine the reports submitted by the Member States and to prepare summaries of the General Assembly; (g) examine requests submitted by the Member States and the Committee developed and approved by the General Assembly of objective selection criteria to make decisions that affect: (i) the recording lists and selection of the proposals mentioned in the 16, 17 and 18; (ii) the granting of international assistance in accordance with article 22. Article 8 – working methods of the Committee the Committee is responsible in front of the General Assembly. The Committee shall report on its activities and decisions. 2. the Committee shall adopt its rules of procedure by a two-thirds majority vote of its members. 3. the Committee may establish a temporary advisory bodies, where it considers it necessary for the performance of their tasks. 4. The Committee may invite to its meetings any public or private bodies as well as individuals who have a recognized competence in the various intangible cultural heritage areas, to consult with them on specific issues. Article 9 – accreditation of advisory bodies 1. The General Assembly, the Committee proposes to accredit non-governmental organizations that have a recognized competence of the intangible cultural heritage, in order to advise the Committee. 2. The Committee also recommends to the General Assembly the criteria and conditions for such accreditation. Article 10:1. The secretariat of the Committee by the secretariat functions take the UNESCO secretariat. 2. the Secretariat shall prepare the documentation of the General Assembly and the Committee, as well as a draft agenda for meetings and ensures the execution of the decision. II. Intangible cultural heritage at the national level article 11 – role of the Member States, each Member State shall: (a) the need to implement the necessary measures to ensure that in its territory the intangible cultural heritage; (b) in accordance with article 2, paragraph 3 of the conservation measures established to identify and define the various existing in its territory for intangible cultural heritage elements by participating in communities, groups and relevant non-governmental organizations. Article 12 — Inventarizējoš lists 1. in order to ensure the identification, the purpose of which is to maintain, each Member State must be drawn up, taking into account the particular situation of one or more of its existing territory in intangible cultural heritage lists inventarizējoš. These inventarizējoš lists must be updated regularly. 2. Each Member State shall regularly provide the report to the Committee in accordance with article 29, it is necessary to provide the relevant information on these inventarizējoš lists. Article 13 — other conservation measures to ensure its territory intangible cultural heritage preservation, development and promotion, each Member State should endeavour to: (a) adopt a general policy aimed at promoting the intangible cultural heritage appreciation society and include this heritage planning programmes; (b) designate or establish one or more competent authorities in its territory for intangible cultural heritage preservation; (c) to foster scientific, technical and artistic studies, as well as the development of research methodologies with the aim of effectively save the intangible cultural heritage, especially the endangered intangible cultural heritage; (d) establishing appropriate legal, technical, administrative and financial measures aimed at: (i) to promote the establishment of training institutions or strengthening, which prepares specialists in intangible cultural heritage management and the transfer of such heritage through forums and spaces such that for the performance or expression; (ii) provide the intangible cultural heritage while respecting the availability of existing practices, establishing procedures are available in the following specific aspects of the heritage; (iii) create institutions of the intangible cultural heritage documentation and facilitate access to them. Article 14 – education, awareness raising and capacity building by using all the instruments at its disposal, each Member State should make efforts to: (a) provide the intangible cultural heritage the recognition, respect and strengthening its value in society, in particular through: (i) educational, awareness-raising and information programmes aimed at the general public, particularly the youth; (ii) specific educational and training programmes for the relevant communities and groups; (iii) capacity building measures for the intangible cultural heritage, in particular management and scientific research; (iv) informal knowledge dissemination techniques; (b) inform the public about these ominous danger to the succession, as well as on the measures taken for the implementation of this Convention; (c) promote education on) the nature and location of the Memorial, which is necessary for the protection of intangible cultural heritage is the expression. Article 15 — community, Group and individual participation in the intangible cultural heritage conservation measures within each Member State should ensure the widest possible community, group and, where appropriate, the participation of individuals in such a cultural heritage in the creation, maintenance and dissemination, as well as their active involvement in its management. IV. Intangible cultural heritage conservation at the international level article 16 — humanity's intangible cultural heritage list representative 1. to ensure the intangible cultural heritage more visible and better understanding of its importance to promote dialogue on cultural diversity, the Committee, at the initiative of the Member States concerned must create, restore, and published in humanity's intangible cultural heritage list representative. 2. the Committee shall establish and submit to the General Assembly for approval should be the criteria for the establishment of a list of such representative, restoration and publishing. Article 17: the intangible cultural heritage, to ensure immediate retention, list 1. To carry out the necessary conservation measures, the Committee is to create, restore, and published in the intangible cultural heritage, which must ensure the maintenance of the emergency, and such a legacy on the list, following a request of the Member States concerned. 2. the Committee shall establish and submit to the General Assembly for approval the criteria should be in this list to create, restore, and publishing. 3. in the case of extreme urgency, which objective criteria approved by the Committee, on the proposal of the Assembly, the Committee may record an object in the list referred to in paragraph 1, after consultation with the Member State concerned. Article 18 – programmes, projects and measures the intangible cultural heritage 1. On the basis of the proposals submitted and in accordance with the Committee and approved by the General Assembly defined criteria, the Committee must carry out regular selection and promotion of national, subregional and regional programmes, projects and measures for implementation in the field of conservation, which, in the Committee's opinion, will best reflect the principles and objectives of the Convention, taking into account the special needs of developing countries. 2. To this end it adopted, Member States shall consider and approve the requests for international assistance for the preparation of such a proposal. 3. the Committee of such projects, programmes and measures should be complemented by the implementation of best practices in such forms as it will be detected. V. international cooperation and assistance article 19 cooperation 1. for the purposes of this Convention, international cooperation includes, among other things also the exchange of information and experience, joint initiatives, and the establishment of mechanisms that will assist Member States in their efforts to save the intangible cultural heritage. 2. Without prejudice to Member States ' national legislation and case-law in the Member States recognise that intangible cultural heritage is the common interest of mankind, and undertake to cooperate to achieve this result, subregional, bilateral, regional and international level. Article 20 — the objective of international assistance international assistance may be granted for the following purposes: (a) the intangible cultural heritage, to ensure immediate saving, recorded heritage in the list; (b) the preparation of the list inventarizējoš 11 and 12; (c) the intangible cultural heritage at the national, subregional and regional programmes, projects and activities; (d) for any other purpose that the Committee considered it necessary. Article 21 – forms of international assistance to help the Committee of which the Member State is granted, are to be awarded in accordance with article 7 laid down in the operational directives and the agreement referred to in article 24, and has the following forms: (a) studies on various aspects of preservation; (b) expert and intangible cultural heritage media services security; (c) any necessary staff training; (d) regulatory document development and other related measures; (e) the establishment and operation of infrastructures; (f) the provision of equipment and skills; (g) other financial and technical assistance, including, where appropriate, the granting of loans with low-interest loans and donations. Article 22 – conditions governing international assistance 1. Committee procedure should be developed for international assistance requests for review and to determine the information to be included in the request, such as conservation measures provided for, the necessary actions and assessment of costs. 2. In critical situations to the Committee a request for assistance should be dealt with as a priority. 3. To make a decision, the Committee must take such studies and calculations as it deems necessary. Article 23 – requests for international assistance 1. each Member State may submit to the Committee a request for international help to keep existing in its territory of the intangible cultural heritage. 2. Such applications may also be submitted by two or more Member States together. 3. The application must include article 22, paragraph 1, as well as information provided necessary documents. Article 24: the role of the Member States beneficiaries 1. Subject to the provisions of this Convention, the international assistance is governed by the agreement between the Member State and the beneficiary Committee. 2. in accordance with the General conditions of the recipient Member State within its financial capacity to bear part of the cost of the conservation measures, for which international assistance is granted. 3. The beneficiary Member States are to submit to the Committee a report on the implementation of the assistance received by the intangible cultural heritage. Vi. Intangible Cultural Heritage Fund article 25 nature and resources of the Foundation: 1. Is hereby established ' intangible cultural heritage Fund ", hereinafter referred to as the Fund. 2. Fund management in ways means in accordance with the UNESCO financial statutes. 3. Fund ways: (a) contributions from Member States; (b) funds for the purpose had in the UNESCO Ģenerālkonferenc; (c) donations, gifts or bequests, by: (i) other States; (ii) United Nations system organizations and programmes, including the United Nations development programme, as well as other international organizations; (iii) public or private bodies or individuals; (d) any increase in the interest in the Fund; (e) funds collected as donations or as income from Funds held in favour of the measures; (f) any other resources) that are allowed in the Fund, which is to be developed in the Committee. 4. The Committee shall decide on the utilisation of these resources according to the guidelines laid down by the General Assembly. 5. the Committee may accept donations and other forms of assistance for General and specific purposes relating to specific projects, provided that the Committee has approved these projects. 6. Fund deposit the donations may not impose any do not for the purposes of this Convention the appropriate political, economic or other conditions. Article 26: the Member States contribution to the Fund 1. Without prejudice to any other additional voluntary contribution, the States parties undertake to contribute to the Fund at least once every two years, a contribution, the amount of which will be determined by the same percentage in size and suitable for all countries, will identify the Assembly. This decision of the General Assembly are to be adopted by a vote of a majority of Member States present, if they have not provided the Declaration referred to in paragraph 2. Member States shall in no case exceed 1% of their contributions to the regular budget of UNESCO. 2. However, any 32 or 33 of this Convention. in the State mentioned in article may, when depositing its instrument of ratification, acceptance of accession or acceptance, declare that paragraph 1 of this article to it's conditions are not binding. 3. The Convention, which provided this article to the Declaration referred to in paragraph 2, will try to withdraw this Declaration by notifying the Director-General of UNESCO. But the withdrawal of such a declaration shall not in any way affect the contributions to be made to the State until the date when you will open the next session of the General Assembly. 4. To enable the Committee to plan its operations effectively, the Member States of this Convention, which is provided in paragraph 2 of this article, that Declaration, payment must be made on a regular basis, at least once every two years, and must be as close as possible to those payments, which they should do if they have this condition of article would be binding. 5. any Member State of this Convention which prevent its compulsory or voluntary contribution for the current year and in the previous calendar year, may be elected a member of the Committee; This provision will not be applied to the first election. A State which is already a member of the Committee, the term of Office shall end with this Convention article 6 election moment. Article 27 – voluntary additional contributions to the Fund in the Member States that wish to make additional contributions to those provided for in article 26, it is possible for it to inform the Committee that it can plan its activities. Article 28 — international fundraising campaign of the Member States, insofar as is possible, should provide support for international fundraising campaigns that are organized by UNESCO in Fund custody. VII. Reports article 29 – Member States ' reports to the Committee must be provided to the Member States, while respecting the specific nature of the Committee and recurrence, reports on legislative, regulatory and other measures taken for the implementation of this Convention. Article 30:1. Report of the Committee on the basis of its activities and the reports of the Member States referred to in article 29, the Committee is to report to the General Assembly at each session. 2. these reports shall be made known to UNESCO also Ģenerālkonferenc. VIII. Transitional clause Article 31 relationship to the proclamation of — human oral and intangible cultural heritage masterpiece 1. Committee is to include humanity's intangible cultural heritage list representative objects, which, before the entry into force of this Convention have declared humanity's oral and intangible cultural heritage masterpieces. 2. This object into humanity's intangible cultural heritage list, the representative does not in any way affect the definition of the criteria for inclusion in the list in the future, which is to be adopted in accordance with paragraph 2 of article 16. 3. After the entry into force of this Convention, the following declaration will not be made. IX. Final clauses article 32 – ratification, acceptance or adoption of the UNESCO Member States 1 this Convention shall be subject to ratification, or shall be adopted in accordance with the constitutional process. 2. instruments of ratification, approval or acceptance must be deposited with the Director-General of UNESCO. Article 33 – accession 1. this Convention is open to join all countries which are not Member States of UNESCO and UNESCO invites to join the Ģenerālkonferenc. 2. this Convention shall also be able to connect to the areas with full internal self-government recognized as such by the United Nations, but which have not gained full independence under General Assembly resolution 1514 (XV) of which have competence in the matters governed by this Convention, including the competence to enter into contracts in such matters. 3. instruments of accession shall be deposited with the UNESCO's Director-General. Article 34 – entry into force this Convention shall enter into force three months from the date of the deposit of the 30th instrument of ratification, approval or acceptance, but only for those States that the relevant instrument of ratification, acceptance or adoption documents will be deposited on or before that date. In respect of any other Member State, it will enter into force three months after it will be deposited its instrument of ratification, approval or acceptance. Article 35 – federal or non-unitary constitutional system to Member States that have a federal or non-unitary constitutional systems the following provisions will apply: (a) in relation to the provisions of this Convention, the implementation of which is the federal or central legislative power, the federal legislative jurisdiction or responsibilities of the Central Government will be the same as the Member States which are not federal States; (b) in relation to those provisions of this Convention, the implementation of which is a separate State, land, provincial or cantonal jurisdiction, which the Federation constitutional system does not impose the obligation to introduce legislative measures, the Federal Government shall inform the following of the land, the land, provincial or cantonal authorities for the conditions, recommending to take it. Article 36 Denunciation 1 — any Member State may denounce this Convention. 2. The denunciation shall be notified by written document is deposited, the Director-General of UNESCO. 3. the denunciation shall take effect twelve months from the date on the document receipt. It does not in any way affect the financial obligations of the Member denonsējoš to date, the withdrawal shall enter into force. Article 37 – Depositary functions the Director-General of UNESCO, as the depositary of this Convention must inform the Member States that are not Member States of the organisation, referred to in article 33, as well as the United Nations of instruments of ratification, acceptance or adoption of the documents referred to in article 32 and 33, as well as those laid down in article 36 denunciation. Article 38 – amendments 1 any Member State, by submitting a written proposal to the Director-General, propose amendments to this Convention. The Director General such proposals shall be sent to all Member States. If within six months from the sending of such a proposal not less than half of the Member States give a favourable response to this proposal, then the Director General such proposal must be submitted to the next General Assembly for discussion and possible adoption. 2. Amendments shall be adopted by the Member States present and voting in the two-thirds majority. 3. After the adoption of the amendment to this Convention must be made available to Member States for ratification, approval or acceptance. 4. The revisions will take effect, but only for Member States that have ratified, approved or accepted three months after two thirds of the Member States will be deposited in this article documents. Then for each Member State that ratifies, accepts, accepts the corrections or add to them, these amendments will enter into force three months after the date on which the Member State deposited its instrument of ratification, acceptance, approval or accession. 5. paragraphs 3 and 4 of the procedure laid down in article 5 does not apply to edits in relation to the number of Member States of the Committee. These revisions will take effect at the time of their adoption. 6. a State which becomes a party to the Convention after the entry into force of amendments in accordance with paragraph 4 of this article, and who has expressed a different view, be considered: (a) the following corrected the Convention; (b) of the Convention are not repaired relations with any Member State for which these revisions are not binding. Article 39: the official text of this Convention is drawn up in Arabic, Chinese, English, French, Russian and Spanish languages, all six texts have equal effect. Article 40 – registration in conformity with the Charter of the United Nations in article 102 of this Convention at the request of the Director-General of UNESCO shall be recorded in the UN Secretariat. Drawn up in Paris in 2003, the third in November, in two authentic copies bearing the presidential Ģenerālkonferenc and 32. Unesco Director-General's signature. Both of these copies are deposited in the archives of UNESCO. Approved copies of the fair is to be sent to all 32 and 33 States referred to in article, as well as the United Nations. The above text is the authentic text of the Convention, adopted by the UNESCO Ģenerālkonferenc its 32 session held in Paris and declared closed was in 2003 on 17 October. In witness whereof, this Convention 2003, the third in November, the Director-General of Ģenerālkonferenc is signed by the President, a copy of the Approved Paris, United Nations Educational, scientific and cultural organisation's legal adviser

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