Preservation of Intangible Cultural Heritage under the National Heritage Act 2005 [Act 645] vs UNESCO Convention for the Safeguarding of Intangible Cultural Heritage (2003)

Abstract

The Malaysian National Heritage Act 2005 [Act 645] is a statute which intends to protect, conserve, and preserve not only Intangible Cultural Heritage, but tangible, underwater heritage, and natural sites. The enactment of Act 645 is influenced by the UNESCO 2003 Convention for the Safeguarding of Intangible Cultural Heritage (ICH Convention). However, Act 645 is general in character compared to the ICH Convention. This paper adopts the qualitative doctrinal approach where the analysis of the provisions both in the ICH Convention and Act 645 are made in order to identify the similarities and differences on the issue of preservation of intangible cultural heritage in Malaysia. This paper suggests for the amendments to the Act 645 in order to better safeguard Malaysian intangible cultural heritage.