Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Cultural Heritage Protection Agreement Approved Without Concrete

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. SOMUT OLMAYAN KÜLTÜREL MİRASIN KORUNMASI SÖZLEŞMESİNİN ONAYLANMA

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5448.html

Law No. 5448

Acceptance Date: 01/19/2006
ARTICLE 1 - in Paris on October 17, 2003 United Nations Educational, Scientific and Cultural Organization (UNESCO) 's 32 th adopted by the General Conference "Intangible Cultural Convention on Protection of Heritage" was found appropriate to approve n.
ARTICLE 2 - This Law shall enter into force on the date of publication.
Article 3 - This Law shall be enforced by the Council of Ministers.










's Intangible cultural heritage PROTECTION AGREEMENT

Paris, October 17, 2003


Intangible Cultural Heritage Protection Convention

Is below referred to as the UNESCO, the United Nations Educational, Scientific and Cultural Organization of the collected between the Twenty-nine in September-October Seventeenth İkibinüç date Paris 32nd General Conference,
human rights of existing international instruments in the field, especially the 1948 Universal Human Rights Declaration to the 1966 Economic, Social and Cultural Rights, the International Convention on the 1966 Covenant on Civil and Political Rights, referring to the International Convention on the
1989 UNESCO Traditional Culture and Protection of Folklore Recommendation 2001 UNESCO Cultural Diversity in the Universal Declaration and the Ministers of Culture who shall accept the third Roundtable 2002 as highlighted in the Istanbul Declaration, the intangible cultural heritage, the pot of cultural diversity and bearing in mind its importance as a guarantee of sustainable development,
intangible cultural heritage by considering the radical interdependence between the tangible cultural and natural heritage,
globalization and social change processes, while creating the renewal conditions of dialogue between communities, as did the intolerance phenomena, especially due to the lack of resources for the protection of intangible cultural heritage, corruption, destruction or collapse as serious threats to increase that by accepting that the
humanity's intangible cultural heritage being aware of the existence of a common concern with universal aspirations for the protection,
Community, particularly the indigenous communities, not concrete individuals groups and in some cases cultural heritage of the production, preservation, they play an important role in the maintenance and re-creation, so they enrich the cultural diversity and human creativity Recognizing,
UNESCO, noting that the first 1972 world cultural and Natural heritage protection Convention, including for the broad impact of the cultural heritage of the work towards preparing norms builder documents about protection, not to protect the non
tangible cultural heritage, binding noting also that no multilateral text does that,
Culture and the existing international agreements on the natural heritage, recommendations and decisions, enriched effectively by new provisions relating to the intangible cultural heritage, and thinking that it must be completed, the importance of non
tangible cultural heritage and for the protection, especially considering that it should be educated more the new generation,
the international community, together with the Contracting States, taking into account the need to contribute to the protection of the heritage of cooperation and mutual assistance spirit
UNESCO's intangible cultural heritage-related programs, especially recalling the Declaration Masterpieces of Humanity non-verbal and tangible heritage,
intangible cultural heritage, the people of each of the adduct and they include exchange and understanding of provider, considering the role priceless
October 2003 on the seventeenth day He has accepted this Agreement.
I.
General Provisions Article 1: Objectives The objectives of the Convention on the Contract
include:
a) protect the intangible cultural heritage;
B) of the respective communities, groups and individuals to respect the intangible cultural heritage;
C) the importance of intangible cultural heritage of local, national and international level to raise awareness and provide mutual değerbilirlig;
D) International cooperation and provide assistance. Article 2
:
Definitions For the purposes of this Convention,

1. "Intangible cultural heritage" communities, groups and individuals, in some cases, cultural heritage of the practices they describe as a part, representations, expressions, knowledge, skills -and the related tools, it means materials and cultural mekanlar-. This intangible cultural heritage, transmitted from generation to generation, their communities and environmental groups, depending on their interaction with nature and history is recreated in a continuous manner, and this gives them a sense of identity and continuity; thereby contributing to the respect for cultural diversity and human creativity. In the context of this Agreement, only up to international human rights instruments and principles of the communities, groups and individuals in accordance with the principles of sustainable development and mutual respect which should be kept in mind intangible cultural heritage.
2. As defined in paragraph 1 above "intangible cultural heritage", appears especially in the following areas:
a) oral traditions and expressions with the language, sees transmitted via the intangible cultural heritage;
B) performing arts;
C) social practices, rituals and festive events;
D) knowledge and practices about nature and the universe;
E) crafts tradition. 3
. To "protect" the means to guarantee the viability of the intangible cultural heritage; this identification, documentation, research, preservation, protection, development, strengthening and especially as far as the in-school or transfer from generation to generation through non-formal education, the revitalization of the various aspects of this cultural heritage is included.
4. "States Parties" and are bound by the State in which the contract in force.
5. Convention cited in Article 33 and applies the same to the land which the parties in accordance with the conditions specified in that article to this Agreement. In this context "States Parties" refers to the land located in the aforementioned citation.
Item 3: Other International No provision of the relationship
this Agreement with Document
a) 1972 World Cultural and announced they were included in the world heritage under the Convention on the Conservation of Natural Heritage owned and intangible cultural heritage unit directly attached to the goods in a way that will change the status or reduce the level of protection;
or b) the State party copyrights or ecological rights and international documents on the use of biological resources and can not be interpreted as affecting the obligations.
II.
Organs of the Convention Article 4: The General Assembly of States Parties
1. States Parties to the present Convention General Assembly has been established; it follows the "General Assembly" will be called. The General Assembly is the sovereign body of the Convention.
2. The General Assembly shall meet in ordinary session every two years. General Assembly decisions or Intergovernmental Intangible Cultural Heritage Conservation Committee thirds of the States Parties or extraordinary meetings can be on one call. 3
. The General Assembly shall adopt its own Rules of Procedure.
Item 5: Protection of Intangible Cultural Heritage Intergovernmental Committee has been established
1.UNESCO eyes of intangible cultural heritage protection Intergovernmental Committee; it follows "the Committee" will be called. The Committee, after the entry into force of this Agreement in accordance with Article 34 of the General Assembly of States Parties will be elected to the board of representatives of 18 States Parties. The number of States Parties to
2.Sözleş 50 when the number of members of the Committee shall be increased to 24.
Item 6: Election of Committee Members and Term
1. The selection of the committee members of the state and the conversion is done according to the principle of equitable geographical distribution.
2. Committee Member States, for a term of 4 years, to be collected in the General Assembly are elected by the States Parties to the Convention. 3
. However, the first half of the mandate of the elected members of the Committee of the State during the election period is limited to two years. These States are determined by a draw in the first elections.
4. Half of the member States of the Committee shall be renewed every two years by the General Assembly.
5.Genel Board elects state membership number required to fill vacancies.
6. A member of the State Committee, to be elected for two consecutive mandate.
7. Committee Member States, to represent themselves, they choose qualified people from various fields of intangible cultural heritage.
Item 7: Committee Duties The duties of the Committee provided to prevent damage to other authorized by
This Convention shall include:
a) support the goals of the Convention, to encourage the implementation of those objectives and monitoring;

B) guidance on good practices and make recommendations on intangible cultural heritage protection measures;
C) 25 to prepare a draft on the use of Fund resources in accordance with Article and submit to the General Assembly for approval;
D) 25 to seek ways to increase the resources in accordance with Article and take the necessary measures to this end;
E) preparing implementation guidelines for the implementation of the Convention and to present them to the General Assembly for approval;
F) In accordance with Article 29 to examine reports submitted by States Parties, and to summarize them for the General Assembly;
G) examine requests submitted by States Parties and shall be approved by the General Assembly based on the criteria determined by the Committee:
i) 16, 17 and Article 18 in writing to the registered list and decide on proposals;
Ii) 22 to decide on the issue of international aid allocated in accordance with Article.
Item 8: 1
Committee's working methods. The Committee is responsible to the General Assembly. decisions on all applications and reports to the General Assembly.
2. The Committee shall decide by a majority of two thirds of the members of its bylaws. 3
. The Committee deems appropriate to the task temporarily to fulfill the task can establish a special advisory bodies.
4. Committee to consult on specific issues, any private or public organization that is competent in the various fields of intangible cultural heritage to meetings or invite a special person.
Article 9: The Organization of the advisory Accreditation
1. The Committee of the intangible cultural heritage under the authority accepted that non-governmental organizations accredited to the Committee recommends to the General Assembly. the advisory task of this organization will be found.
2. The Committee also related to the accreditation criteria and procedures also recommends to the General Assembly.
Article 10: Secretariat
1. UNESCO Secretariat will provide support to the Committee.
2. Secretariat, the Committee and the General Assembly committee meetings and documents prepared by the draft agenda, ensures's implementation of the decisions taken.
III. National Level Intangible Cultural Heritage Conservation Article 11
:
Role of States Parties Each State Party
a. to guarantee the protection of intangible cultural heritage on its territory shall take the necessary measures;
B. Article 2 of protective measures referred to in paragraph 3, of the groups various elements of the intangible cultural heritage on its territory, with the participation of non-government community and relevant organizations to identify and define.
Article 12: Inventories
1. Each State Party, one or more inventories of the intangible cultural heritage on its territory in order to determine to maintain, prepare in a way that is appropriate to their own situation. This inventory is updated regularly.
2. When each State Party in accordance with Article 29 provide periodic reports to the Committee, it also gives information about the inventory.
Item 13: Other Safeguards
Each State Party to protect its territory of intangible cultural heritage on, in order to secure the win development and value shall endeavor to achieve the following:
a) of intangible cultural heritage to function in society to adopt a general policy of appreciation and to include the protection of this heritage into planning programs;
B) establish one or more competent authorities for the protection of intangible cultural heritage on its territory or to set up;
C) particularly with regard to endangered intangible cultural heritage, scientific effectively to protect the intangible cultural heritage, technical and artistic studies and to encourage the methodology for the research;
D) The following points are aimed appropriate legal, technical, administrative and receive financial measures:
(ii) to encourage the creation of institutions involved in training and management of the intangible heritage and ensure that heritage presentation and transmission to future areas dedicated to the explanation;
(Ii) regulating the retrieval of this heritage, respecting the heritage of the unique traditional practices, to ensure the achievement of the intangible cultural heritage;
(Iii) establishing documentation centers for intangible cultural heritage and to facilitate access to these places.
Article 14: Education, Strengthening Awareness and Capacity
Each State Party shall endeavor to perform the following issues with the appropriate measures:
a) the recognition of the intangible cultural heritage, it respected and developed to specifically ensure the following precautions:

(I) the general objectives of the educational community and especially young people, to organize awareness-raising and information programs;
(Ii) specific training in relevant communities and groups, and to organize training programs;
(Iii) for the protection of intangible cultural heritage, in particular management and scientific research in areas such as strengthening the capacity to organize events.
(Iv) ensure that the transition from one generation of information with non-school facilities;
B) public are threats to this heritage and to inform about the activities carried out pursuant to this Agreement;
C) the expression of intangible cultural heritage is necessary for the protection of natural areas and storage spaces for promoting the training.
Article 15: Community groups and individuals Participation
Each State Party intangible cultural heritage protection activities framework, the community, in groups, and if necessary, creates this heritage, sustaining and transporting individuals, to ensure the widest possible forms of participation and as it strives to achieve effective management of the subsidiaries.
IV. International Levels in Intangible Cultural Heritage Protection
Article 16: Representative List of the Intangible Cultural Heritage of Humanity
1. Committee, to make the intangible cultural heritage is more visual, to promote dialogue within raise awareness about the importance and respect for cultural diversity, upon the proposal of the State Party concerned, the representation of humanity's intangible cultural heritage, prepare a list of updates and releases.
2. Committee, the creation of the list, prepare the criteria for the updating and publication and submit to the General Assembly for approval.
Article 17: Emergency Protection Requiring Intangible Cultural Heritage List
1.Komit in order to take appropriate preventive measures, an emergency protection Requiring Intangible Cultural Heritage prepares the list, update, and publish, and at the request of the State Party concerned this heritage list It saves. 2.The
, the creation of the list, prepare criteria related to updating and dissemination and provide the General Assembly. 3
. At the request of the Committee on objective criteria related to extreme emergency if approved by the General Assembly, the Committee to consult with a heritage item by the State Party concerned, as specified in paragraph 1 may record list.
Article 18: Intangible Cultural Heritage Conservation Programs, Projects and Activities
1. The Committee developing taking into account the special needs of the country, on the basis of States Parties submitted proposals by the Committee defined the criteria approved by the General Assembly as appropriate, periodically, national for the protection of heritage, regional or local character, the Convention's objectives and principles in the best way reflect the program It selects and supports projects and activities.
2. Committee To this end, States Parties receives requests international assistance for the preparation of proposals, examine and approve. 3
. The committee itself will be determined by the method with the best practices of the projects referred to by spreading the information, accompanied by the implementation of programs and activities.
V. International Cooperation and Assistance
Article 19: Cooperation
1. This Agreement context, international cooperation; inter alia, exchange of information and experience, joint initiatives, and to assist States Parties in the intangible cultural heritage protection efforts include establishing a support mechanism.
2. States Parties, in their national legislation, customary law and practices without prejudice to, and agrees that the general interests of humanity of intangible cultural heritage protection and to this end double with each other, sub-regional, regional and undertake to cooperate in an international context. Article 20
:
Objectives of International Assistance International assistance may be provided for the following purposes:
(a) the protection of the heritage list of intangible cultural heritage registered requiring emergency protection;
(B) 11 and 12 Preparation of materials in the context of inventory;
(C) for the purpose of protection of intangible cultural heritage, local, regional and national levels in the ongoing programs, to support projects and activities;
(D) any other purpose the Committee may deem necessary.
Article 2l: aid granted to the State Party by
Committee Forms of International Aid, 7. Application guidelines provided for in Article 24 is carried out according to the agreement referred to in Article and may be in the following format:
(a) studies on various aspects of protection ;
(B) the provision of experts and practitioners;
(C) the training of all necessary staff;

(D) the regulation of norms builder text or other measures;
(E) the creation and operation of infrastructure;
(F) the provision of equipment and skills;
(G) if necessary, low-interest loans and other forms of financial and technical assistance, including donations.
Article 22: Conditions International Help
1. The Committee shall determine the procedure to review the requests and demands of international aid, the measures are taken, such as the calculation of the required interventions and their cost will determine which elements to include.
2. In emergencies, requests for assistance shall be examined as a priority by the Committee. 3
. It conducts investigations and consultations it considers necessary in order to provide the Committee decision.
Article 23: International Assistance Requests
1. for the protection of intangible cultural heritage in the territory of each State Party may request international assistance from the Committee.
2. Two or more States Parties may submit such a request in common. 3
. 22. Demands include written information and documents required in paragraph 1 of Article.
Article 24: Role of States Parties Entitled Help
1. In accordance with the provisions of the Convention, earmarked for international assistance it is carried out according to an agreement between the Committee and the parties benefiting from State aid.
2. As a general rule, benefiting from the assistance of States Parties, in proportion to their resources allow, to help share the cost of providing international protection measures. 3
. Benefiting from the assistance of States Parties, the Committee shall submit a report on the use of the assistance provided for the protection of intangible cultural heritage.
VI.
Intangible Cultural Heritage Fund Article 25: Nature of the Fund and Resources
1. Below the "Fund" which will be referred to as an "Intangible Cultural Heritage Protection Fund" has been established.
2. "The Fund" in accordance with UNESCO's Financial Regulations Consists of the trust fund. 3
. The Fund's resources include.
(A) contributions made by States Parties;
(B) the funds allocated by the General Conference of UNESCO for this purpose;
(C) Donations can be made by the following, gifts, bequests;
(I) other States;
(Ii) organizations and programs of the United Nations system, especially the United Nations Development Programme and other international organizations;
(Iii) public or private bodies or individuals;

(D) Interest paid to Fund resources;
(E) monies collected for the Fund and the input provided from events organized for the benefit of the Fund;
(F) The Committee will be prepared by other sources allowed by the regulations of the Fund.
4. Committee that resources are spent in accordance with the guiding principle established by the General Assembly.
5. The Committee may accept special contributions or other assistance related to specific projects or for general purposes, provided that the project approved by him.
6. Contributions made to the Fund, no political inconsistent with the purposes of this Agreement, can not be tied to economic or other conditions.
Article 26 of the States Parties to the Fund Contribution
l. The States Parties to the Convention, provided that any additional voluntary contributions to influence in a negative way, they overcame at least every two years to make a payment to the Fund. Additives can be applied equally to all States will be determined by the General Assembly format. This decision of the General Assembly who make the declaration referred to in paragraph 2 of this Article, who attended the meeting and votes are taken by a majority of States Parties. The contribution of the States Parties in any way shall not exceed 1% of its contribution to UNESCO's regular budget.
2. However, Article 32 provided for in Article 33 or any State, ratification, acceptance, when depositing its instrument of proper vision or participation certificates may declare that it will consider itself bound of paragraph 1 of this Article. 3
. Parties in paragraph 2 of this Article, which have made the declaration mentioned State shall endeavor to withdraw the said declaration by declaration addressed to the Director General of UNESCO. However, the declaration of withdrawal, to pay contributions to the State, as the General Assembly does not affect the date of the opening of the next session.
4. In order to plan the work of the Committee in an effective manner, the present who have been registered in the statement in paragraph 2 of this Article, the contributions of the Contracting Party must be paid in a regular manner at least two years, and even if they are the substance was found bound with paragraph 1, close to the extent possible contribution have to pay should be.

5. That year and the immediately preceding calendar year of mandatory or voluntary contributions to pay ahead of time that the Convention Each State Party, elected members of the Committee; This condition does not apply to the first election. That such a state in the contract's term, which ends with the registered members of the Committee on Article 6 election.
Article 27: Additional Voluntary Contribution Fund
26. States Parties wishing to make a voluntary contribution to the Fund in addition to those laid down in Article plans accordingly to the work of the Committee as soon as they give information to the Committee in this regard.
Article 28: International Fundraising Campaign to international fundraising campaigns organized for the benefit of States Parties
Fund under the auspices of UNESCO should support to the extent possible.
VII. Reports
Article 29: The State Party reports in the format specified by the Committee
States Parties of the Convention in the time required laws to be implemented effectively, charter and present their report with the regulations of the Committee.
Item 30: Report of the Committee
1. The Committee of the States Parties in Article 29 of the said activities, and reports based on the report offers the General Assembly at each session.
2. This report is submitted to the General Conference of UNESCO.
VIII.
Transitional Provisions Article 31: Masterpieces of Oral and Intangible Cultural Heritage of Humanity Award relationship with
1. The Committee, which has been declared entry into force of this Agreement "Masterpieces of the Oral and Intangible Heritage of Humanity" in the non-tangible Cultural Heritage of Humanity will include the Representative List.
2. Inclusion in the List of Intangible Cultural Heritage of Humanity representation of these items, which was decided under the second paragraph of Article 16 does not affect in any way the extent of the subsequent software. 3
. This can not be done any advertising after the entry into force of the Convention.
XI.
Final Provisions Article 32: ratification, acceptance or appropriate visual
1. This Agreement shall be approved in accordance with their respective constitutional requirements of UNESCO Member States, accepted or approved.
2. Ratification, acceptance or see documents entrusted to UNESCO Director-General before.
Article 33: Participation
1. This Agreement is not a member of UNESCO, the UNESCO General Conference is open to the participation of states which have been invited to join by.
2. This Convention by the United Nations recognized can fully manage their internal affairs, but the General Assembly 1514 (XV) has been gaining full independence in accordance with the decision, including making agreements on issues determined by the Agreement, the authority on these issues to take part in the renowned land is open. 3
. Participation certificates will be deposited before the Director General of UNESCO.
Article 34: Enforcement
this Agreement, only ratification, acceptance, acceptance or accession documents that date or those States have it deposited before that date, the thirtieth ratification, three from the date of deposit of the appropriate visual or participation certificate months after entry into force. in respect of any other State Party ratification, the date of deposit of the appropriate visual or participation certificate shall enter into force three months later.
Article 35: Unit Non or Federal Constitutional Systems
following conditions are non-unitary or apply to a federal constitutional system owners States Parties:
(a) The provisions of the federal or central legislative power in terms of implementation by those within the legal jurisdiction , the obligations of the federal or central government shall be the same as the non-federal state party.
(B) This Convention shall apply the provisions, but individual constituent States without having to take legal action in respect of the federation's constitutional system, countries in terms of states or cantons, the federal government, the States, countries, provinces or the provisions referred to the competent authorities of the canton It will inform and advise their adoption direction.
Article 36: Termination
1. Each State Party shall have the authority to declare that terminate the Agreement.
2. Termination will be deposited with the Director-General of UNESCO made by a written notification. 3
. Termination shall take effect twelve months after receipt of the denunciation comes into force. In this case, the departure of the monetary liabilities allocated to the State Party does not affect in any way until the date of entry into force.
Article 37: the Authority as Depositary of the Convention had Duties

UNESCO Director-General as chair of the deposit when this Convention, the Organization's Member States, Article 33 of the member States which have indicated Organization, the United Nations 32 and Article 33 of the said each of ratification, appropriate vision or participation certificates and 36. announces the deposit of its instrument of denunciation referred to in Article.
Article 38: Changes
1. Each State Party may propose amendments to this Convention by a written notification addressed to the Director General. Director General of the notification notice to all States Parties. If at least half of the demand for more data in favor of the States Parties reply within six months of the announcement of this statement, the Director-General presents this proposal be discussed in the next General Assembly session and to be considered if possible.
2. The changes are accepted by a two-thirds majority of States Parties participating and voting at the meeting. 3
. Amendments accepted after the approval of the States Parties agree, be submitted to the sight or participation.
4. The changes are just confirming it, accepting, or receiving appropriate in terms of participating States Parties, in paragraph 3 of this Article by two-thirds of the deposit of the said documents, the State Party shall enter into force three months later. Thereafter, the said amendment, the amendment ratified, accepted, or who participated in accordance with each State Party concerned, ratification, acceptance or participation certificates of the deposit shall enter into force three months later.
5. 3 and the method set out in paragraph 4, 5 concerning the number of States Parties to the Committee on Article does not apply to changes. These changes will enter into force once they have been accepted recommendations.
6. This Article after the entry into force of amendments in accordance with paragraph 4. Where a notification is not a State Party to this Convention different,
(a) The Parties adopted an amended Convention;
(B) any State Party not bound by the terms of the changes are accepted unchanged become Parties to the Convention.
Article 39: The current text of the Convention
This Agreement; Arabic, Chinese, English, French, Russian and Spanish are prepared. Six texts being equally authentic.
Article 40 of the Convention on Registration
This Agreement Act of the United Nations in accordance with Article 102 at the request of the United Nations, UNESCO Director-General shall be registered with the Secretariat.