Intangible Cultural Heritage Legislation in Asia: In Search for the Spirit of the 2003 UNESCO Convention

Abstract

Safeguarding intangible cultural heritage took international momentum in 2003, the year in which UNESCO adopted the Convention for the Safeguarding of Intangible Cultural Heritage (ICH Convention). The consensus reached within UNESCO was to create a framework convention inspiring state parties to develop a national legislation to safeguard intangible cultural heritage. State parties are given the freedom to design this legislation according to their needs and capacities. Despite the freedom given by the ICH Convention, state parties may want to consider certain limits. The ICH Convention has an international dimension, providing benefits to the state parties, be it in the form of international awareness raising of their intangible cultural heritage or financial contributions to the safeguarding of their intangible cultural heritage. If state parties would like to enjoy these benefits, following the spirit of the ICH Convention is a must. The adoption of the ICH Convention was especially supported in Asia, a region in which intangible cultural heritage tends to be more prominent than its tangible equivalent. It should thus not come as a surprise that the ICH Convention spurred legislative initiatives all over Asia. Some Asian countries, like the Philippines, amended their heritage laws to reflect the safeguarding of intangible cultural heritage. Other Asian countries, like Laos and Vietnam, adopted holistic heritage laws, reflecting both the protection of tangible heritage and the safeguarding of intangible cultural heritage. Still some other Asian countries, like Thailand, created specific intangible cultural heritage laws. There are also Asian countries, such as Cambodia, that have not taken a legislative approach. Based upon the findings of a research projects conducted by IRCI and Kyushu University, this paper investigates to what extent Laos, Malaysia, the Philippines and Vietnam have endorsed the spirit of the ICH Convention.