Safeguarding Intangible Cultural Heritage in the 2003 UNESCO Convention: a critical appraisal

Abstract

This critical article expounds on what 'intangible cultural heritage' is and the historical background of UNESCO's attempts to safeguard and protect the world's living cultural heritage in the wake of modernization, global mass culture and the diminishing of national identities. By the mid-1990s, as international awareness dramatically increased, UNESCO sponsored surveys of national actions (1995-99) as well as regional conferences, which led to a List of Intangible Masterpieces (2001) and a Convention (2003). The latter is still considered as a work in progress wherein experts and community members, policy-makers and scholars will try to figure out how to improve its provisions over the coming years. Indeed, the Convention looks idealistic and very challenging for several reasons: the conceptual distinction of the tangible and intangible can be problematic among the diversity of the world's people; intangible heritage must be consistent with human rights, exhibit the need for mutual respect between communities, and be sustainable; nations are expected to develop inventories and action plans for safeguarding this heritage; and those who practice the traditions should have the major responsibility for their safeguarding. The Convention imposes obligations upon states that may construct unintended negative consequences and obstacles to its success. The call to take 'necessary measures' to 'ensure the viability of intangible cultural heritage' is unrealistic as culture changes and no coercive measures may stop this evolution. More appropriate is giving aid to traditional cultural practices and their practitioners to ensure survival without influencing the outcome. In addition, the discussed inventories and UNESCO lists may have value for recognizing and valorizing various traditions, but they alone will not save them. This causes the author to question whether the Convention is adequate for the task of safeguarding living cultural practices.