On the ratification of the Convention on the Protection of the Intangible Cultural Heritage

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The Law of the Republic of Kazakhstan dated December 21, 2011 No. 514-IV

To ratify the Convention on the Protection of the Intangible Cultural Heritage, adopted in Paris on October 17, 2003.

President of the Republic of Kazakhstan N. NAZARBAYEV

INTERNATIONAL CONVENTION FOR THE PROTECTION OF THE INTANGIBLE CULTURAL HERITAGE

Paris, October 17th, 2003

INTERNATIONAL CONVENTION FOR THE PROTECTION OF THE INTANGIBLE CULTURAL HERITAGE

(Bulletin of International Treaties of the Republic of Kazakhstan 2012, No. 6, Article 76 - entered into force on March 28, 2012)

The General Conference of the United Nations Educational, Scientific and Cultural Organization, hereinafter referred to as UNESCO, which met in Paris from September 29 to October 17, 2003 for its thirty-second session, recalling existing international human rights instruments, in particular the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights. Social and cultural rights 1966 and the International Covenant on Civil and Political Rights of 1966, taking into account the importance of the intangible cultural heritage as a crucible of cultural diversity and a guarantee of sustainable development, as emphasized in the UNESCO Recommendation on the Preservation of Folklore of 1989, in the UNESCO Universal Declaration on Cultural Diversity of 2001. and in the Istanbul Declaration of 2002, adopted at the third Round Table of Ministers of Culture, taking into account the close interdependence between the intangible cultural heritage and the tangible cultural and natural heritage, recognizing that the processes of globalization and social transformation, while creating conditions for the resumption of dialogue between communities, are at the same time, like the phenomenon of intolerance, sources of serious the threat of degradation, extinction and destruction that looms over the intangible cultural heritage, In particular, as a result of the lack of funds for the protection of such heritage, aware of the universal desire to ensure the protection of the intangible cultural heritage of humanity and the general concern felt in this regard, recognizing that communities, in particular indigenous communities, groups and, in some cases, individuals, play an important role in the creation, protection, preservation and restoration of the intangible cultural heritage, thereby enriching cultural diversity and contributing to human creativity,  Noting the great importance of UNESCO's work on the development of normative acts, aimed at protecting cultural heritage, in particular the Convention on the Protection of the World Cultural and Natural Heritage of 1972.,  Noting further that there is currently no binding multilateral legal instrument relating to the protection of the intangible cultural heritage, considering that existing international agreements, recommendations and resolutions on cultural and natural heritage need to be enriched and effectively supplemented with new provisions relating to the intangible cultural heritage, taking into account the need for greater awareness, Especially among younger generations, the importance of intangible cultural heritage and its protection, Considering that, in a spirit of cooperation and mutual assistance, the international community, together with the States Parties to this Convention, should promote the protection of such heritage, recalling UNESCO's programmes on intangible cultural heritage, in particular the proclamation of masterpieces of the oral and intangible heritage of humanity, taking into account the invaluable role of intangible cultural heritage as a factor contributing to rapprochement, exchange and mutual understanding between people, adopts this Convention on October 17th, 2003.

I. GENERAL PROVISIONS

Article 1 - Objectives of the Convention

The objectives of this Convention are: (a) Safeguarding the intangible cultural heritage; (b) respecting the intangible cultural heritage of relevant communities, groups and individuals; (c) drawing attention at the local, national and international levels to the importance of intangible cultural heritage and its mutual recognition; (d) international cooperation and assistance.

Article 2 - Definitions

For the purposes of this Convention, 1. "Intangible cultural heritage" means customs, forms of representation and expression, knowledge and skills - as well as related tools, objects, artifacts and cultural spaces - recognized by communities, groups and, in some cases, individuals as part of their cultural heritage. Such intangible cultural heritage, passed down from generation to generation, is constantly being recreated by communities and groups, depending on their environment, their interaction with nature and their history, and creates in them a sense of identity and continuity, thereby promoting respect for cultural diversity and human creativity. For the purposes of this Convention, only intangible cultural heritage that is consistent with existing international human rights instruments and the requirements of mutual respect between communities, groups and individuals, as well as sustainable development, is taken into account. 2. "Intangible cultural heritage", as defined in paragraph 1 above, manifests itself, in particular, in the following areas:: (a) Oral traditions and forms of expression, including language as a carrier of intangible cultural heritage; (b) Performing arts; (c) customs, rituals, festivals; (d) knowledge and customs related to nature and the universe; (e) knowledge and skills related to traditional crafts. 3. "Protection" means taking measures to ensure the viability of intangible cultural heritage, including its identification, documentation, research, preservation, protection, promotion, enhancement of its role, its transmission, mainly through formal and non-formal education, as well as the revival of various aspects of such heritage. 4. "States Parties" means States that are bound by this Convention and in respect of which the Convention has entered into force. 5. This Convention shall apply mutatis mutandis to the Territories referred to in article 33, which become parties to it under the conditions specified in this article. In this regard, the expression "participating States" also refers to these Territories.

Article 3 - Relationship with other international legal acts

Nothing in this Convention may be interpreted as: (a) changing the status or reducing the level of protection of values that are recognized as World Heritage under the Convention for the Protection of Cultural and Natural Heritage of 1972 and to which an element of the intangible cultural heritage is directly related; or (b) affecting the rights and obligations of the participating States arising from any international legal acts related to intellectual property rights or to the use of biological and environmental resources to which they are parties.

II. CONVENTION BODIES

Article 4 - General Assembly of the States Parties

1. The General Assembly of the States Parties, hereinafter referred to as the "General Assembly", is hereby established. The General Assembly is the supreme organ of this Convention. 2. The General Assembly meets in regular sessions once every two years. It may meet in extraordinary sessions if it so decides, or at the request of the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage, or at the request of at least one third of the participating States. 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 the Intangible Cultural Heritage, hereinafter referred to as the "Committee", is hereby established at UNESCO. The Committee shall consist of representatives of 18 States Parties, elected by the States Parties meeting at the General Assembly after the entry into force of this Convention in accordance with article 34. 2. The number of States members of this Committee will be increased to 24 when the number of States Parties to the Convention reaches 50.

Article 6 - Election and term of office of Member States The Committee

1. The election of the member States of the Committee shall be carried out in accordance with the principles of equitable geographical distribution and equitable rotation. 2. The member States of the Committee shall be elected for a term of four years by the States Parties to the Convention assembled at the General Assembly. 3. However, the term of office of half of the Member States of the Committee elected in the first election is two years. These States are determined by lot during the first elections. 4. Every two years, the General Assembly renews half of the membership of the Committee. 5. It shall also elect such number of Member States of the Committee as is necessary to fill the vacant seats. 6. A member State of the Committee may not be elected for two consecutive terms of office. 7. The member States of the Committee shall select as their representatives persons with competence in various fields of intangible cultural heritage.

Article 7 - Functions of the Committee

Without prejudice to its other duties established by this Convention, the functions of the Committee are as follows:: (a) contributing to the achievement of the objectives of the Convention, encouraging and monitoring its implementation; (b) providing advice on best practices and making recommendations on measures for the protection of the intangible cultural heritage; (c) preparing and submitting for approval by the General Assembly a draft plan for the use of the Fund in accordance with article 25; (d) finding ways to increase the resources of the Fund and taking the necessary measures to that end, in accordance with article 25; (e) preparing and submitting to the General Assembly for approval the operational guidelines for the implementation of the Convention; (f) reviewing, in accordance with article 29, the reports of States parties and summarizing them for the General Assembly; (g) Consideration of applications submitted by States parties and decision-making in accordance with objective criteria developed by the Committee and approved by the General Assembly concerning: (i) the inclusion in the lists and selection of the proposals referred to in articles 16, 17 and 18; (ii) the provision of international assistance in accordance with article 22.

Article 8 - Working methods of the Committee

1. The Committee is accountable to the General Assembly. He submits reports to her on all his activities and the decisions he makes. 2. The Committee shall adopt its Rules of Procedure by a two-thirds majority of its members. 3. The Committee may establish, on a temporary basis, ad hoc advisory bodies that it deems necessary to carry out its task. 4. The Committee may invite to its meetings any public or private bodies, as well as any individuals with recognized competence in various fields of intangible cultural heritage, in order to consult with them on specific issues.

Article 9 - Accreditation of advisory organizations

1. The Committee submits proposals for the accreditation of non-governmental organizations with recognized competence in the field of intangible cultural heritage for consideration by the General Assembly. These organizations perform advisory functions in relation to the Committee. 2. The Committee also submits proposals on the criteria and conditions of the specified accreditation for consideration by the General Assembly.

Article 10 - The Secretariat

1. The UNESCO secretariat is assisting the Committee. 2. The secretariat prepares documentation for the General Assembly and the Committee, as well as draft agendas for their meetings, and ensures the implementation of their decisions.

III. PROTECTION OF INTANGIBLE CULTURAL HERITAGE AT THE NATIONAL LEVEL

Article 11 - The role of States parties

Each State party should: (a) take the necessary measures to ensure the protection of the intangible cultural heritage present on its territory; (b) identify and identify, within the framework of the protection measures referred to in paragraph 3 of article 2, the various elements of the intangible cultural heritage present on its territory, with the participation of communities, groups and relevant non-governmental organizations.

Article 12 - Lists

1. In order to ensure identification for the purpose of protection, each Participating State, taking into account the current situation, draws up one or more lists of intangible cultural heritage available on its territory. Such lists are subject to regular updating. 2. In submitting its periodic report to the Committee, in accordance with article 29, each State party shall provide relevant information on these lists.

Article 13 - Other security measures

In order to ensure the protection, development and enhancement of the role of the intangible cultural heritage present on its territory, each Participating State shall make efforts to: (a) adopt a common policy aimed at enhancing the role of the intangible cultural heritage in society and including the protection of this heritage in planning programmes; (b) identify or create one or more competent authorities for the protection of intangible cultural heritage located on its territory; (c) to promote scientific, technical and artistic research, as well as the development of research methodologies for the effective protection of intangible cultural heritage, in particular intangible cultural heritage in danger; (d) Taking appropriate legal, technical, administrative and financial measures aimed at: (i) facilitating the establishment or strengthening of training institutions in the field of intangible cultural heritage management, as well as the transmission of this heritage through forums and spaces designed to represent and express it; (ii) ensuring access to intangible cultural heritage heritage in compliance with accepted practices that determine the procedure for access to certain aspects of such heritage.; (iii) establishment of institutions dealing with documentation of intangible cultural heritage and facilitating access to them.

Article 14 - Education, public awareness and capacity-building

Each State Party shall, using all means at its disposal, make efforts aimed at: (a) ensuring the recognition, respect and enhancement of the role of the intangible cultural heritage in society, in particular by: (i) education, awareness-raising and public awareness programmes, in particular for young people; (ii) specific education and training programmes targeted at relevant communities and groups; (iii) capacity-building activities in the field of intangible cultural heritage protection, related in particular to management and scientific research; (iv) informal ways of knowledge transfer; (b) informing the public about the dangers threatening such heritage, as well as about activities carried out in pursuance of this Convention; (c) to promote education on the protection of natural spaces and memorials, the existence of which is necessary for the expression of intangible cultural heritage.

Article 15 - Participation of communities, groups and individuals

Within the framework of its activities for the protection of the intangible cultural heritage, each Participating State shall strive to ensure the widest possible participation of communities, groups and, where appropriate, individuals involved in the creation, preservation and transfer of such heritage, as well as to actively involve them in the management of such heritage.

IV. PROTECTION OF INTANGIBLE CULTURAL HERITAGE AT THE INTERNATIONAL LEVEL

Article 16 - Representative list of the intangible cultural heritage of mankind

1. In order to enhance the visibility of the intangible cultural heritage, promote awareness of its importance and promote dialogue based on respect for cultural diversity, the Committee, upon a proposal from the relevant participating States, shall compile, update and publish a Representative List of the Intangible Cultural Heritage of Humanity. 2. The Committee shall develop and submit to the General Assembly for approval criteria for the compilation, updating and publication of the specified Representative List.

Article 17 - List of intangible cultural heritage in urgent need of protection

1. In order to take appropriate protective measures, the Committee shall compile, update and publish a List of Intangible Cultural Heritage in Urgent Need of Protection and include such Heritage in this List at the request of the State Party concerned. 2. The Committee shall develop and submit to the General Assembly for approval criteria for the compilation, updating and publication of the List. 3. In cases of extreme urgency, the objective criteria of which are approved by the General Assembly on the basis of a proposal from the Committee, it may, in consultation with the State Party concerned, include an element of the relevant heritage in the List referred to in paragraph 1.

Article 18 - Programs, projects and measures for the protection of intangible cultural heritage

1. On the basis of proposals submitted by States parties and in accordance with criteria developed by the Committee and approved by the General Assembly, the Committee shall periodically select and promote national, subregional or regional programmes, projects and activities for the protection of heritage that, in its opinion, best reflect the principles and objectives of this Convention, taking into account the special needs of the needs of developing countries. 2. To this end, it receives, reviews and approves requests for international assistance formulated by the participating States for the preparation of such proposals. 3. The Committee shall accompany the implementation of these programmes, projects and activities with the dissemination of best practices in the forms to be determined by it.

V. INTERNATIONAL COOPERATION AND ASSISTANCE

Article 19 - Cooperation

1. For the purposes of this Convention, international cooperation includes, inter alia, the exchange of information and experience, joint initiatives, and the establishment of a mechanism to assist States Parties in their efforts to protect the intangible cultural heritage. 2. Without prejudice to the provisions of their national legislation and customary law and practice, the participating States recognize that the protection of the intangible cultural heritage is of common interest to mankind and, to this end, undertake to cooperate at the bilateral, subregional, regional and international levels.

Article 20 - Objectives of international assistance

International assistance can be provided for the following purposes: (a) protection of heritage included in the List of Intangible Cultural Heritage in Urgent Need of Protection; (b) preparation of lists within the meaning of articles 11 and 12; (c) support for programmes, projects and activities at the national, subregional and regional levels aimed at protecting intangible cultural heritage; (d) for any other purpose that the Committee may deem necessary.

Article 21 - Forms of international assistance

The assistance provided by the Committee to the State party is governed by the operational guidelines referred to in article 7, as well as the agreement provided for in article 24, and may take the following forms:: (a) research on various aspects of protection; (b) provision of expert services and holders of intangible cultural heritage; (c) training of any necessary personnel; (d) development of regulatory and other measures; (e) establishment and maintenance of infrastructure; (f) provision of equipment and know-how; (g) other forms of financial and technical assistance, including, in certain cases, low-interest loans and donations.

Article 22 - Conditions for the provision of international assistance

1. The Committee shall establish a procedure for reviewing applications for international assistance and clarify such aspects of these applications as the measures envisaged, the necessary actions and the assessment of the costs associated with them. 2. In urgent cases, the application for assistance is considered by the Committee on a priority basis. 3. In order to make a decision, the Committee shall conduct such studies and consultations as it deems necessary.

Article 23 - Applications for international assistance

1. Each State Party may submit to the Committee an application for international assistance for the protection of the intangible cultural heritage present on its territory. 2. Such an application may also be submitted jointly by two or more Participating States. 3. The application shall include the information provided for in paragraph 1 of article 22 and the necessary documentation.

Article 24 - The role of beneficiary Member States

1. In accordance with the provisions of this Convention, international assistance provided is governed by an agreement between the beneficiary State Party and the Committee. 2. As a general rule, the beneficiary State Party, depending on the funds at its disposal, participates in covering the costs of security measures for which international assistance is provided. 3. The beneficiary State Party shall submit to the Committee a report on the use of assistance provided for the protection of the intangible cultural heritage.

VI. INTANGIBLE CULTURAL HERITAGE FOUNDATION

Article 25 - Nature and resources of the Fund

1. The Intangible Cultural Heritage Foundation, hereinafter referred to as the Foundation, is hereby established. 2. This Fund is a trust fund in accordance with the UNESCO Financial Regulations. 3. The Fund's funds consist of: (a) contributions from participating States; (b) funds appropriated for this purpose by the UNESCO General Conference; (c) contributions, donations or bequests that may be made available: (i) by other States; (ii) organizations and programmes of the United Nations system, in particular the United Nations Development Programme, and other international organizations; (iii) public or private bodies or individuals; (d) any interest accruals on the Fund; (e) fees and proceeds from events organized for the benefit of the Fund(f) any other funds provided for in the Regulations on the Fund developed by the Committee. 4. The Committee makes decisions on the use of funds based on the guidelines of the General Assembly. 5. The Committee may accept contributions and other forms of assistance intended for general or specific purposes related to certain projects, provided that such projects are approved by the Committee. 6. Contributions to the Fund may not be accompanied by any political, economic or other conditions incompatible with the objectives pursued by this Convention.

Article 26 - Contributions of States Parties to the Fund

1. Without prejudice to any additional voluntary contributions, the States Parties to this Convention undertake to make contributions to the Fund at least every two years, the amount of which, calculated at a uniform rate of interest applicable to all States, shall be determined by the General Assembly. The decision of the General Assembly on this matter shall be taken by a majority of the States Parties present and voting, which have not made the declaration provided for in paragraph 2 of this article. In no case shall the indicated contribution of a participating State exceed 1% of its contribution to the regular budget of UNESCO. 2. However, any State referred to in article 32 or article 33 of this Convention may, at the time of depositing its instrument of ratification, acceptance, approval or accession, declare that it will not be bound by paragraph 1 of this article. 3. A State Party to this Convention that has made the declaration provided for in paragraph 2 of this article shall endeavour to withdraw its declaration by notifying the Director-General of UNESCO accordingly. However, the withdrawal of the application shall take effect in respect of the contribution due from that State only from the opening date of the next session of the General Assembly. 4. In order for the Committee to plan its activities effectively, contributions from States parties to this Convention that have made the declarations provided for in paragraph 2 of this article should be made on a regular basis, at least every two years, and should, as far as possible, approach the amount of contributions that they would have to make if They were bound by the provisions of paragraph 1 of this article. 5. Any State Party to this Convention that is in arrears in its mandatory or voluntary contributions for the current year and the calendar year immediately preceding it may not be elected as a member of the Committee; this provision does not apply to the first election. The powers of such a State, which is already a member of the Committee, shall expire at the time of any election provided for in article 6 of this Convention.

Article 27 - Additional voluntary contributions to the Fund

States Parties wishing to make voluntary contributions in addition to those provided for in article 26 shall inform the Committee as soon as possible so that it can plan its activities accordingly.

Article 28 - International fundraising campaigns

To the extent possible, the participating States shall support international fund-raising campaigns for the Fund organized under the auspices of UNESCO.

VII. REPORTS

Article 29 - Reports of the States parties

States Parties shall submit to the Committee, in a form and at intervals determined by the Committee, reports on the legislative and regulatory provisions or other measures they have adopted to implement this Convention.

Article 30 - Reports of the Committee

1. The Committee shall submit to each session of the General Assembly a report prepared on the basis of its activities and the reports of the States Parties referred to in article 29 above. 2. This report is being brought to the attention of the UNESCO General Conference.

VIII. TRANSITIONAL PROVISIONS

Article 31 - Connection with the proclamation of masterpieces of the oral and intangible heritage of mankind

1. The Committee shall include in the Representative List of the Intangible Cultural Heritage of Mankind the masterpieces of the oral and intangible heritage of mankind proclaimed before the entry into force of this Convention. 2. The inclusion of these masterpieces in the Representative List of the Intangible Cultural Heritage of Mankind in no way prejudges the criteria established in accordance with paragraph 2 of article 16 in relation to subsequent inclusions. 3. No further proclamations will be made after the entry into force of this Convention.

IX. FINAL PROVISIONS

Article 32 - Ratification, acceptance and approval

1. This Convention is subject to ratification, acceptance or approval by UNESCO member States in accordance with their respective constitutional procedures. 2. Instruments of ratification, acceptance or approval shall be deposited with the Director General of UNESCO.

Article 33 - Accession

1. This Convention is open for accession by all non-UNESCO member States which are invited by the General Conference of the Organization to accede to this Convention. 2. This Convention is also open to the accession of Territories having full internal self-government, which are recognized as such by the United Nations, but have not achieved full independence in accordance with resolution 1514 (XV) of the General Assembly of the United Nations, and which have competence in matters governed by this Convention, including competence to conclude treaties related to such questions. 3. The instrument 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 only in respect of those States which have deposited their instruments of ratification, acceptance, approval or accession on or before that date. In respect of any other State Party, the Convention enters into force three months after the date of deposit of its instrument of ratification, acceptance, approval or accession.

Article 35 - Federal or non-unitary constitutional systems

The following provisions apply to participating States with a federal or non-unitary constitutional structure: (a) With respect to the provisions of this Convention, the application of which falls within the jurisdiction of the federal or central legislative authority, the obligations of the federal or central Government will be the same as those of States Parties that are not federal States.; (b) with regard to the provisions of this Convention, the application of which falls within the jurisdiction of individual federal states, regions, provinces or cantons, which, according to the constitutional system existing therein, are not required to take legislative measures, the Federal Government shall bring these provisions to the attention of the competent authorities of the states, regions, provinces or cantons with a recommendation for their acceptance.

Article 36 - Denunciation

1. Each State Party may denounce this Convention. 2. Denunciation is notified by a written act, which is deposited with the Director General of UNESCO. 3. The denunciation takes effect twelve months after the date of receipt of the act of denunciation. It does not in any way alter the financial obligations assumed by the denouncing State Party prior to the effective date of withdrawal from the Convention.

Article 37 - Functions of the depositary

The Director-General of UNESCO, acting as the depositary of this Convention, shall inform the Member States of the Organization, the non-member States referred to in Article 33, as well as the United Nations of the deposit of all instruments of ratification, acceptance, approval or accession referred to in articles 32 and 33, as well as the acts of denunciation referred to in article 36.

Article 38 - Amendments

1. A State Party may, by written communication addressed to the Director-General of UNESCO, propose amendments to this Convention. The Director-General shall send such a message to all Participating States. If, within six months from the date of the said communication, at least half of the Participating States respond positively to the proposal, the Director-General shall submit it to the next session of the General Assembly for consideration and possible adoption. 2. Amendments shall be adopted by a two-thirds majority of the Participating States present and voting. 3. Amendments to this Convention, after their adoption, are subject to ratification, acceptance, approval or accession by the States Parties. 4. Amendments shall enter into force, but only in respect of States that have ratified, accepted, approved or acceded to these amendments to this Convention, three months after the date of deposit of the instruments referred to in paragraph 3 of this article by two thirds of the States Parties. Subsequently, for each State Party that ratifies, accepts, approves or accedes to the amendment, the amendment shall enter into force three months after the date of deposit by the State Party of its instrument of ratification, acceptance, approval or accession. 5. The procedure set out in paragraphs 3 and 4 does not apply to amendments to article 5 concerning the number of Member States of the Committee. Such amendments shall enter into force at the time of their adoption. 6. A State which becomes a Party to this Convention after the entry into force of the amendments in accordance with paragraph 4 of this article, unless it declares a different intention, shall be deemed: (a) a Party to this Convention as amended; (b) a Party to this Convention without amendment in respect of any State Party not bound by these amendments.

Article 39 - Authenticity of texts

This Convention has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, all six texts being equally authentic.

Article 40 - Registration

In accordance with Article 102 of the Charter of the United Nations, this Convention is registered with the United Nations Secretariat at the request of the Director-General of UNESCO.

Done in Paris on November 3, 2003, in two authentic copies, signed by the President of the thirty-second session of the General Conference and the Director-General of UNESCO. Both copies shall be deposited in the UNESCO archives, and duly certified copies of them shall be sent to all States referred to in articles 32 and 33, as well as to the United Nations.

The above text is the original text of the Convention, duly adopted by the UNESCO General Conference at its thirty-second session, which was held in Paris and declared closed on October 17, 2003.

IN WITNESS WHEREOF, this Convention was signed on November 3, 2003.

Chairman of the General Conference Director General

Certified copy

Legal Advisor United Nations Educational, Scientific and Cultural Organization

The RCPI's note. The following are the texts of the Convention in Arabic, Chinese, English, French and Spanish.

President

Republic of Kazakhstan

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