Law No. 2013-017
CONCERNING THE PROTECTION OF INTANGIBLE HERITAGE NATIONAL
EXPLANATORY MEMORANDUM Following the adoption by UNESCO of the Convention for the Safeguarding of Intangible Cultural Heritage in 2003, Madagascar has ratified the Convention ed by Law No. 2005-033 of 30 January 2006 and Decree No 2006-095 of January 31, 2006. Intangible Cultural Heritage
the vehicle valuable knowledge in areas such as health, science, or comport ement. It also helps in maintaining the coh Esion and social aspects of it, such as traditional know-how, can generate income to the community. The intangible cultural heritage is therefore a factor of development.
The intangible cultural heritage is transmitted from generation to generation and is recreated by communities and groups in response to their environment, their interaction with nature and their history. This heritage provides a sense of identity and belonging to the Malagasy people. Aware of the importance of and the Safeguarding of Intangible Cultural Heritage, Madagascar seeks to preserve and promote the intangible cultural heritage.
The development of an implementation law of the Convention is an urgent steps to support and promote the importance of intangible cultural heritage.
This is the purpose of this Act. Law No. 2013-017
ON THE SAFEGUARDING OF INTANGIBLE ASSETS NATIONAL
Congress of the Transition and the High Council of the Transition adopted in their meetings dated 22 November 2013 and 12 December 2013, the law which reads as follows: CHAPTER I. DEFINITIONS
First Article: intangible cultural heritage includes everything that identifies and characterizes groups and communities who consider it part of their cultural heritage and the generation to generation transmit.
Article 2: Intangible cultural heritage which may apply the provisions of this Act includes:
-the traditions, manners, and customs; -the oral expressions, gestures and written (language, oral literature, dance); -the social practices (the conception of life and the world dictating social behavior, moral and physical group and individual); -the knowledge and perceptions of nature and the universe (belief, philosophy, astrology, traditional medicine); -The skills related to traditional craftsmanship (technical).
Instruments, objects and cultural spaces associated with them and the Detaining community are part of the national intangible cultural heritage.
CHAPTER II SAFEGUARD NATIONAL HERITAGE INTANGIBLE
Article 3: Safeguarding the national intangible cultural heritage includes the identification, research, preservation, protection, promotion, respect, development, transmission and education as well as the revitalization of the various aspects of such heritage.
Article 4: Every citizen of the Republic of Madagascar and holds any community must ensure the protection and respect of national intangible cultural heritage and to the competent authorities for breach of the provisions of this Act.
Article 5: The implementation of the safeguarding of national intangible cultural heritage is ensured by the Ministry for Culture and Heritage through the Directorate of Heritage and Regional Departments of Culture and Heritage and ed by the National Committee comprising representatives of the Regional Committees established in each region under the technical and administrative supervision of the Ministry of Culture and Heritage.
Article 6: In order to safeguard the national intangible cultural heritage, the State may order the inclusion in the national inventory of intangible heritage elements of Article 2. Registration is
the act by which the state recognizes certain elements particular intangible cultural value.
Article 7: The Ministry for the preservation of national intangible cultural heritage ensures the maintenance of the register of inventory of registered national intangible heritage. This inventory can be viewed from that Ministry.
CHAPTER III REGISTRATION
Item 8: Regional Directorates of Culture and Heritage in collaboration with the whole community and the decentralized local authorities (Fokontany Local, District and Region), shall make the inventory of intangible cultural heritage in their locality. The Regional Committees in keeping a register and forward a copy to the Heritage Branch.
Article 9: The National Committee, in cooperation with the Ministry era of Culture and Heritage will establish the national inventory record of that heritage.
Article 10: The inclusion of an item on the national register of inventory of intangible cultural heritage is the subject of a decree issued by the Minister responsible for the safeguarding of national intangible cultural heritage.
Article 11: For any element of national intangible cultural heritage inscribed:
The total or partial alienation and / or abuse of a place of a. worship and a cultural space associated with the national intangible cultural heritage are prohibited;
In case of accidental destruction, loss or theft of an item associated with b. ICH registered, the owner or custodian community must immediately notify the local representative of the Ministry of Culture and Heritage. The hardware associated with the national intangible cultural heritage inscribed are left to the enjoyment and the responsibility of the owner or holder of the community in accordance with their nature and their int égrité related traditions;
The hardware associated with intangible cultural heritage c. national registered are left to the enjoyment and the responsibility of the owner or the custodian community with respect for nature and integrity related traditions.
Article 12: The Ministry for the protection of national intangible cultural heritage ensures compliance with the provisions of the preceding article and can intervene in case of violation of these provisions.
Article 13: Local communities and decentralized local authorities support the maintenance of the intangible cultural heritage registered belonging to them, as well as items associated with this heritage.
CHAPTER IV PENALTIES Article 14: Violations of the provisions of the law pr ESENTE are recorded in minutes drawn up either by the Heads Fokontany either by mayors or by Heads of District or by the heads of R egion or by the judicial police or by the Regional Committees and sent to the Regional Directorate of Culture and Heritage interested.
The infringement pursued concurrently at the behest of the Ministry of safeguarding the national intangible cultural heritage and the Ministries concerned.
Article 15: Shall be punished by a fine of $ 100,000 ariary to 200,000 ariary inclusive and may the be in addition to imprisonment up to 29 days, anyone who violates the provisions of Article 11 -paragraphs a and b of this Act. The fine will be 100,000 ariary at most for anyone who violates the provisions of section 11 c alienated this Act.
Article 16: Whoever destroys, shot, mutilated or defaced, without authorization removes or be exploited for commercial purposes without prior agreement a material element associated with a national intangible cultural heritage registered shall be liable to imprisonment for one month to two years and a fine of 200,000 to 500,000 ariary ariary without prejudice to damages.
CHAPTER V MISCELLANEOUS Article 17: The regulations will be taken and determine the application of this Act.
Article 18: This law shall be registered and published in the Official Gazette of the Republic of Madagascar.
It will be enforced as a law of the state.
Antananarivo, December 12, 2013
THE PRESIDENT OF THE BOARD OF THE PRESIDENT OF THE CONGRESS OF THE TRANSITION OF THE TRANSITION
Rasolosoa Dolin RAKOTOARIVELO Mamy