The purposes of this Convention are as follows:
Protecting intangible cultural heritage;
Respect the intangible cultural heritage of relevant groups, groups and individuals;
(c) Raising awareness of intangible cultural heritage and the importance of mutual appreciation at local, national and international levels;
International cooperation and assistance.
Article 2: Definitions
In this convention,
1. "Intangible cultural heritage" refers to various customs, performances, forms of expression, knowledge and skills and related tools, articles, handicrafts and cultural sites that are regarded as their cultural heritage by various groups, groups and sometimes individuals. With the changes of their environment, relationship with nature and historical conditions, various groups and groups continue to innovate this intangible cultural heritage handed down from generation to generation, and at the same time give them a sense of identity and history, thus promoting cultural diversity and human creativity. In this Convention, only the intangible cultural heritage that conforms to the existing international human rights documents, the need for mutual respect among groups and between groups and individuals, and sustainable development are considered.
2. According to the definition in paragraph 1 above, "intangible cultural heritage" includes the following aspects:
Oral legends and expressions, including language as a medium of intangible cultural heritage;
Performing arts;
Social customs, etiquette and festivals;
(d) Knowledge and practice of nature and the universe;
Traditional handicraft skills.
"Protection" refers to taking measures to ensure the vitality of intangible cultural heritage, including the confirmation, filing, research, preservation, protection, publicity, promotion, inheritance (mainly through formal and informal education) and revitalization of this heritage.
"Contracting States" means countries bound by this Convention, which is also common among them.
5. According to the conditions mentioned in this article, this Convention shall also apply mutatis mutandis to the territories mentioned in article 33 to which it is a contracting party. In this sense, "Contracting States" also refer to these territories.
Article 3: Relationship with other international instruments
Nothing in this Convention shall be interpreted as:
(1) Damaging the status or reducing the degree of protection of the heritage that has been declared as a world heritage by the Convention for the Protection of the World Cultural and Natural Heritage 1972 and is directly related to intangible cultural heritage; or
(b) Affect the rights and obligations of the State party under any international instrument on intellectual property rights or the utilization of biological and ecological resources to which it is a party. Article 4: Assembly of States Parties
1. There is hereby established an Assembly of States Parties, hereinafter referred to as "the Assembly". The General Assembly is the highest authority of this Convention.
2. The General Assembly holds regular sessions every two years. If it so decides, or at the request of the Intergovernmental Committee for the Safeguarding of Intangible Cultural Heritage or at least one third of the States parties, it may hold a special meeting.
3. The General Assembly shall adopt its own rules of procedure.
Article 5: Intergovernmental Committee for the Protection of Intangible Cultural Heritage
1. An Intergovernmental Committee for the Protection of Intangible Cultural Heritage is hereby established within UNESCO, hereinafter referred to as "the Committee". After the entry into force of this Convention in accordance with Article 34, the Committee shall be composed of representatives of 65,438+08 States Parties elected by the States Parties attending the meeting.
2. After the number of States parties to the Convention reaches 50, the membership of the Committee will increase to 24.
Article 6: Election and term of office of members of the Committee
1. The members of the Committee shall be elected according to the principle of equitable geographical distribution and rotation.
2. The members of the Committee shall be elected by the Assembly of States Parties to this Convention for a term of four years.
3. However, half of the members of the Committee elected in the first election have a term of two years. These countries were chosen by lot after the first election.
4. The General Assembly changes half the members of the Committee every two years.
5. The General Assembly shall also elect the members of the Committee required to fill the vacant seats.
6. Members of the Committee are not eligible for two consecutive terms.
7. Members of the Committee shall appoint persons who have made achievements in various fields of intangible cultural heritage as their representatives.
Article 7: Functions of the Committee
Without prejudice to other functions and powers conferred on the Committee by this Convention, the functions of the Committee are as follows:
(a) To publicize the objectives of the Convention and encourage and monitor its implementation;
Put forward suggestions on good practices and measures to protect intangible cultural heritage;
(c) According to the provisions of Article 25, draw up a plan for the use of the funds of the Fund and submit it to the General Assembly for approval;
(d) In accordance with the provisions of Article 25, strive to find ways and means to increase funds and take necessary measures to this end;
(e) To formulate operational guidelines for the implementation of the Convention and submit them to the General Assembly for approval;
(f) To consider the reports of States parties and submit summaries thereof to the General Assembly in accordance with article 29;
(g) To consider applications submitted by States parties on the basis of objective selection criteria formulated by the Committee and approved by the General Assembly, and decide on the following matters:
(i) Inclusion in the lists and nominations referred to in Articles 16, 17 and 18;
(ii) Providing international assistance in accordance with article 22.
Article 8: Working methods of the Committee
1. The committee is accountable to the General Assembly. It reports all its activities and decisions to the General Assembly.
2. The Committee adopts its own rules of procedure by a two-thirds majority of its members.
3. The Committee may temporarily set up advisory bodies that it deems necessary to perform its tasks.
4. The Committee may invite any public or private institution with real expertise in various fields of intangible cultural heritage and any natural person to attend the meeting and ask them any specific questions.
Article 9: Accreditation of Advisory Organizations
1. The Committee should recommend that the General Assembly accredit non-governmental organizations with real expertise in the field of intangible cultural heritage.
Discuss it. The function of these organizations is to advise the Committee.
2. The Committee shall also make recommendations to the General Assembly on the standards and methods of accreditation.
Article 10: Secretariat
1. The committee is assisted by the UNESCO secretariat.
2. The Secretariat drafts the documents of the General Assembly and the Committee and the draft agendas of their meetings, and ensures the implementation of their decisions. Article 1 1: Role of States Parties
The State party should:
Take necessary measures to ensure the protection of intangible cultural heritage on its territory;
Within the scope of protection measures mentioned in article 2, paragraph 3, with the participation of various groups, organizations and relevant non-governmental organizations, confirm and determine various intangible cultural heritages on its territory.
Article 12: List
1. In order to ensure the recognition and protection of intangible cultural heritage within its territory, each State Party shall formulate one or more lists of intangible cultural heritage according to its national conditions and update them regularly.
2. When submitting periodic reports to the Committee under article 29, States parties shall provide information on these lists.
Article 13: Other protective measures
In order to ensure the protection, promotion and display of intangible cultural heritage in its territory, each State Party shall strive to:
(a) to formulate overall policies to make intangible cultural heritage play its due role in society, and to incorporate the protection of this heritage into the planning work;
(b) Designate or establish one or more institutions responsible for protecting the intangible cultural heritage within its territory;
Encourage scientific, technical and artistic research and methodological research to effectively protect intangible cultural heritage, especially endangered intangible cultural heritage;
Take appropriate legal, technical, administrative and financial measures to:
(i) Promoting the establishment or strengthening of institutions for training and managing intangible cultural heritage, and promoting the inheritance of this heritage by providing places and spaces for activities and performances;
(ii) Ensuring the enjoyment of intangible cultural heritage, while respecting the customs and practices of enjoying special aspects of such heritage;
(three) the establishment of intangible cultural heritage literature institutions, and create conditions to promote their use.
Article 14: Education, publicity and capacity building
The State party shall make every effort to take all necessary means:
(a) To enable society to recognize, respect and promote intangible cultural heritage, mainly through:
(i) Educational programmes to inform and disseminate information to the public, especially young people;
(ii) Specific education and training plans for relevant groups and groups;
(iii) Capacity-building activities for the protection of intangible cultural heritage, especially in management and scientific research;
(iv) Informal means of disseminating knowledge.
(b) Inform the public about the threats to this heritage and the activities carried out under this Convention;
(c) To promote education in the protection of natural sites and memorial sites necessary for the expression of intangible cultural heritage.
Article 15: Participation of organizations, groups and individuals
When carrying out activities to protect intangible cultural heritage, the State Party should strive to ensure the maximum participation of groups, groups and sometimes even individuals who create, maintain and inherit this heritage, and attract them to actively participate in relevant management. Article 16: List of representative works of human intangible cultural heritage
1. In order to expand the influence of intangible cultural heritage, raise awareness of its significance, and promote dialogue from the perspective of respecting cultural diversity, the Committee shall edit, update and publish the list of representatives of intangible cultural heritage of mankind on the basis of nominations from relevant States parties.
2. The Committee drafted the standards for editing, updating and publishing this representative directory and submitted them to the General Assembly for approval.
Article 17: List of Intangible Cultural Heritage in Urgent Need of Protection
1. In order to take appropriate protection measures, the Committee edited, updated and published the List of Intangible Cultural Heritage in Urgent Need of Protection, and included such heritage in the list according to the requirements of relevant States parties.
2. The Committee shall formulate standards for editing, updating and publishing the Directory and submit them to the General Assembly for approval.
3. In case of extreme urgency (specific criteria are approved by the General Assembly on the recommendation of the Committee), the Committee may, in consultation with the State party concerned, include the relevant heritage in the list mentioned in paragraph 1.
Article 18: Plans, projects and activities for the protection of intangible cultural heritage
1. On the basis of nominations by States parties, the Committee regularly selects and publishes national, sub-regional or regional plans, projects and activities for the protection of intangible cultural heritage according to the standards formulated by the Committee and approved by the General Assembly, and taking into account the special needs of developing countries.
2. To this end, the Committee receives, considers and approves applications submitted by States parties to seek international assistance in preparing such nominations.
3. The Committee shall cooperate with the implementation of these plans, projects and activities in a manner determined by it, and promote relevant experience at any time. Article 19: Cooperation
1. In this convention, international cooperation mainly refers to the exchange of information and experience, concerted action and the establishment of a mechanism to assist States parties in protecting intangible cultural heritage.
2. In accordance with the provisions of domestic laws and their customary laws and customs, the State party recognizes that the protection of intangible cultural heritage is in the overall interest of mankind and undertakes to cooperate at bilateral, subregional, regional and international levels to this end.
Article 20: Purpose of international assistance
International assistance can be provided for the following purposes:
(1) Protecting the heritage listed in the list of intangible cultural heritage in urgent need of protection;
(b) Prepare the list in the spirit of Articles 1 1 and 12;
Supporting plans, projects and activities for the protection of intangible cultural heritage at the national, sub-regional and regional levels;
(d) All other purposes that the Committee deems necessary.
Article 2 1: Forms of international assistance
The operational guidelines in article 7 and the agreement mentioned in article 24 stipulate the assistance provided by the Committee to States parties, which can take the following forms:
(a) Study all aspects of the protection of this heritage;
(b) Provision of experts and professionals;
(c) Training all kinds of required personnel;
(d) Formulating normative or other measures;
(e) Establishment and operation of infrastructure;
(f) Provision of equipment and skills;
Other forms of financial and technical assistance, including providing low-interest loans and donations when necessary.
Article 22: Conditions of international assistance
1. The committee determines the procedure for considering the application for international assistance, and specifies the contents of the application, including the measures to be taken, the necessary work and the estimated cost.
2. In case of emergency, the Committee shall give priority to the application for assistance.
3. Before making a decision, the Committee shall conduct the research and consultation it deems necessary.
Article 23: Application for international assistance
1. Each State Party may submit an application for international assistance to the Committee to protect the intangible cultural heritage within its territory.
2. Such an application may also be submitted by two or more Contracting States.
3. The application shall contain all the information and all the necessary documents specified in Article 22, paragraph 1.
Article 24: Tasks of recipient States Parties
1. According to the provisions of this convention, international assistance should be provided according to the agreement signed by the recipient State Party and the Committee.
2. As a rule, the State Party receiving assistance should share the cost of protective measures of international assistance within its capacity.
3. The recipient State Party shall report to the Committee on the use of the assistance provided for the protection of intangible cultural heritage. Article 25: Nature and sources of funds
1. The intangible cultural heritage protection fund is hereby established, hereinafter referred to as the fund.
2. According to the financial regulations of UNESCO, this fund is a trust fund.
3. The sources of funds of the Fund include:
Contributions from States parties;
(b) Funds allocated by the General Conference of UNESCO for this purpose;
(c) Contributions, grants or bequests that may be made by:
(i) Other countries;
(ii) Organizations and programmes of the United Nations system (especially the United Nations Development Programme) and other international organizations;
(iii) Public or private institutions or individuals;
(d) Interest income from the funds of the Fund;
(e) Funds raised for the Fund and income from activities;
(f) all other funds permitted by fund regulations made by the Board.
The Committee's use of funds depends on the guidelines of the General Assembly.
5. The Committee may accept donations and other forms of assistance for the general or specific purposes of certain projects, as long as these projects have been approved by the Committee.
6. Contributions to the Fund may not be accompanied by any political, economic or other conditions inconsistent with the objectives pursued by this Convention.
Article 26: Contributions of States Parties to the Fund
1. Without prejudice to any voluntary supplementary contributions, the States parties to this Convention shall contribute to the Fund at least once every two years, and the amount shall be determined by the General Assembly according to a uniform contribution percentage applicable to all countries. The decision of the Assembly of States Parties on this issue shall be adopted by a majority of the States Parties present and voting, but it is not necessary to make the declaration mentioned in paragraph 2 of this article. In any case, this contribution shall not exceed 1% of the State party's contribution to the regular budget of UNESCO.
2. However, any country mentioned in Article 32 or Article 33 of this Convention may declare at the time of depositing its instrument of ratification, acceptance, approval or accession that it will not be bound by the provisions of paragraph 1 of this Article.
3. A State Party to this Convention that has made the declaration referred to in paragraph 2 of this article shall endeavour to notify the Director-General of the United Nations Educational, Scientific and Cultural Organization to withdraw it. However, the withdrawal of the declaration does not affect the amount that the country should pay before the opening of the next congress.
4. In order to enable the Committee to plan its work effectively, the States parties to this Convention that have made the declaration mentioned in paragraph 2 of this article shall make regular payments at least once every two years, and the amount of payment shall be as close as possible to the amount payable in accordance with paragraph 6 of this article.
5. Any State party to this Convention that is in arrears with its statutory or voluntary contributions for the current year and the previous calendar year shall not be elected as a member of the Committee, but this provision shall not apply to the first election. The term of office of a State Party elected as a member of the Committee shall terminate at the time of the election stipulated in article 6 of this Convention.
Article 27: Voluntary supplementary contributions to the Fund
In addition to the contributions stipulated in Article 26, States Parties wishing to make voluntary contributions shall inform the Committee in time so that the Committee can plan the corresponding activities.
Article 28: International fund-raising campaign
The State party should do its utmost to support the international fund-raising campaign launched for this fund under the leadership of UNESCO. Article 29: Reports of States parties
States parties shall report to the Committee on the laws, regulations or other measures they have adopted to implement this Convention in a manner and at a cycle determined by the Committee.
Article 30: Report of the Committee
1 ... The Committee shall submit a report to each session of the General Assembly based on its activities and the reports of the States parties referred to in Article 29.
2. The report will be submitted to the General Conference of UNESCO. Article 3 1: Relationship with the declaration of oral and intangible heritage of mankind.
1. The Committee shall, before the entry into force of this Convention, include the heritage declared as "representative works of oral and intangible heritage of mankind" in the list of representative works of intangible cultural heritage of mankind.
2. The inclusion of these heritages in the Representative List of Intangible Cultural Heritage of Humanity is by no means a presupposition of the standards to be determined in the future according to the second paragraph of Article 16.
3. After the entry into force of this Convention, no other representative works of human oral and intangible heritage will be published. Article 32: Ratification, acceptance or approval
1. This Convention shall be ratified, accepted or approved by UNESCO Member States in accordance with their respective constitutional procedures.
2. The instruments of ratification, acceptance or approval shall be deposited with the Director-General of UNESCO.
Article 33: Accession
1. All countries that are not members of UNESCO may join this Convention at the invitation of the UNESCO General Conference.
2. Areas that are not completely independent but are recognized by the United Nations as fully enjoying internal autonomy and having the right to handle the affairs within the scope of this Convention according to the United Nations General Assembly resolution 15 14(XV), including the right to sign agreements on these matters, may also join this Convention.
3. Instruments 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 deposit of the thirtieth instrument of ratification, acceptance, approval or accession, but it is only applicable to countries that deposit instruments of ratification, acceptance, approval or accession on or before that date. For other contracting States, this Convention will enter into force three months after the date of deposit of their instruments of ratification, acceptance, approval or accession.
Article 35: Federalism or Non-uniform Constitutionalism
The following provisions shall apply to States parties with a federal or non-unified constitutional system:
(a) The obligations of the federal or central government of a country that implements the provisions of this Convention under the jurisdiction of the laws of the federal or central legislature are the same as those of a State Party that is not a federal country;
(b) Where the provisions of this Convention are implemented within the legal jurisdiction of the countries, regions, provinces or states that make up the Federation, but legislative measures are not required according to the federal constitutional system, the federal government shall notify the competent authorities of each country, region, province or state of these provisions and the proposal for their adoption.
Article 36: Withdrawal
1. Each Contracting State may denounce this Convention.
2. Denunciation shall be notified in writing to the Director-General of UNESCO.
3. Withdrawal shall take effect twelve months after receipt of the withdrawal notice. Before the effective date of withdrawal, the financial obligations of the withdrawing country will not be affected.
Article 37: Duties of the Custodian
The Director-General of UNESCO, as the depositary of this Convention, shall notify all Member States of the Organization, non-member States mentioned in Article 33 and the United Nations of all ratifications, acceptances, approvals or accessions deposited in accordance with Articles 32 and 33, as well as denunciation in accordance with Article 36.
Article 38: Amendment
1. Any State Party may notify the Director-General in writing and propose amendments to this Convention. The Director-General shall transmit this notification to all States Parties. If, within six months from the date of notification, at least half of the States parties reply in favor of this request, the Director-General shall submit this proposal to the next General Conference for discussion and decide whether to adopt it.
2. Amendments to this Convention shall be adopted by a two-thirds majority of the States Parties present and voting.
3. Once adopted, amendments to this Convention shall be submitted to the States Parties for ratification, acceptance, approval or accession.
4. For those States parties that have ratified, accepted, approved or acceded to the amendment, the amendment to this Convention shall enter into force three months after two thirds of the States parties have deposited the instruments referred to in paragraph 3 of this article. Thereafter, for any State Party that ratifies, accepts, approves or accedes to the amendment, the amendment to this Convention shall enter into force three months after the date of deposit of its instrument of ratification, acceptance, approval or accession.
5. The procedures set out in paragraphs 3 and 4 shall not apply to the amendment to article 5 concerning the membership of the Committee. These amendments will take effect immediately after their adoption.
6. A country that becomes a party to this Convention after the amendment enters into force in accordance with paragraph 4 of this article shall, if it has no objection:
(a) be deemed to be a party to this Convention as amended;
(b) However, in its relations with any contracting state that is not bound by these amendments, it is still regarded as a contracting party to the unamended convention.
Article 39: Valid texts
This Convention has been drafted in English, Arabic, Chinese, Spanish, French and Russian, all of which are equally authentic.
Article 40: Filing
According to Article 102 of the Charter of the United Nations, this Convention shall be submitted to the United Nations Secretariat for the record at the request of the Director-General of UNESCO.