Intangible Cultural Heritage as Right to Livelihood

Abstract

Constitutional provisions in Malaysia seem to have given rights to the communities, groups, and individuals (CGIs) to manifest and protect their intangible cultural heritage under the notion of the right to livelihood. However, the rights granted to the people appear to be restricted under the existing legal framework, and this has raised the question of whether a violation of human rights as guaranteed under the Federal Constitution has occurred, in view of the position of Islam as the religion of the Federation. Apart from focusing on the issue of the groups and individuals' right to livelihood in practicing traditional performances in Malaysia, this paper highlights the significant role of the concerned authorities under the relevant intangible cultural heritage-related legislations. The importance of substantial and procedural fairness to enable groups and individuals to practice intangible cultural heritage as their right to livelihood is also highlighted in this paper. The paper concludes with the recommendation that state authorities' control of intangible cultural heritage practices must be exercised with due care and diligence to ensure that the livelihood of the people is not jeopardized, in line with Articles 5 and 8 of the Federal Constitution.