Resolution of the General Assembly: 3.GA 5

The General Assembly,

  1. Having examined documents ITH/10/3.GA/CONF.201/5 and ITH/10/3.GA/CONF.201/6,
  2. Having further examined document ITH/10/3.GA/CONF.201/INF.5 constituting the results of the working group of the Committee and including a proposal of a complete set of Operational Directives, incorporating provisions submitted by the Committee and by its working group,
  3. Recalling its Resolution 2.GA 5,
  4. Approves the Operational Directives as amended and annexed to this Resolution;
  5. Requests the Committee to apply these Directives and to report on their implementation at the fourth session of the General Assembly;
  6. Also invites the Committee, at its next session, to commence a reflection on revising the criteria for inscription on the two lists of intangible cultural heritage and to report on it to the next session of the General Assembly;
  7. Affirms that references within the Directives to specific forms for nominations, proposals and requests are not intended to refer to the forms annexed to the Directives it previously adopted in June 2008 but rather to forms elaborated by the Secretariat on an ongoing basis under the guidance of the Committee;
  8. Further requests the Director-General to publish and disseminate, in the six working languages of UNESCO, a Basic Texts volume presenting the texts prepared, adopted and approved by the statutory bodies of the Convention as well as the text of the Convention itself, and invites her to provide an introduction to that volume.

 


Annex:
Operational Directives for the Implementation of the Convention for the Safeguarding of the Intangible Cultural Heritage

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Adopted by the General Assembly of the States Parties to the Convention
at its second ordinary session (Paris, France, 16 to 19 June 2008),
amended at its third session (Paris, France, 22 to 24 June 2010)

 

 

Paragraphs

Chapter I

Safeguarding of the intangible cultural heritage at the international level, cooperation and international assistance

1 – 65

I.1

Criteria for inscription on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding

1

I.2

Criteria for inscription on the Representative List of the Intangible Cultural Heritage of Humanity

2

I.3

Criteria for selection of programmes, projects and activities that best reflect the principles and objectives of the Convention

3 – 7

I.4

Eligibility and selection criteria of international assistance requests

8 – 12

I.5

Multi-national files

13 – 16

I.6

Submission of files

17 – 24

I.7

Examination of files

25 – 32

I.8

Nominations to the Urgent Safeguarding List to be processed on an extremely urgent basis

33 – 34

I.9

Evaluation of files by the Committee

35 – 37

I.10

Transfer of an element from one List to the other

38

I.11

Removal of an element from a List

39 – 40

I.12

Modification of name of an inscribed element

41

I.13

Programmes, projects and activities selected as best reflecting the principles and objectives of the Convention

42 – 46

I.14

International assistance

47 – 53

I.15

Timetable – Overview of procedures

54 – 56

I.16

Incorporation of items proclaimed ‘Masterpieces of the Oral and Intangible Heritage of Humanity’ in the Representative List of the Intangible Cultural Heritage of Humanity

57 – 65

Chapter II

The Intangible Cultural Heritage Fund

66 – 78

II.1

Guidelines for the use of the resources of the Fund

66 – 67

II.2

The means to increase the resources of the Intangible Cultural Heritage Fund

68 – 78

 

II.2.1    Donors

68 – 71

 

II.2.2    Conditions

72 – 75

 

II.2.3    Benefits for donors

76 – 78

Chapter III

Participation in the implementation of the Convention

79 – 99

III.1

Participation of communities, groups and, where applicable, individuals, as well as experts, centres of expertise and research institutes

79 – 89

III.2

Non-governmental organizations and the Convention

90 – 99

 

III.2.1   Participation of non-governmental organizations at the national level

90

 

III.2.2   Participation of accredited non-governmental organizations

91 – 99

Chapter IV

Raising awareness about intangible cultural heritage and use of the emblem of the Convention for the Safeguarding of the Intangible Cultural Heritage

100 – 150

IV.1

Raising awareness about intangible cultural heritage

100 – 123

 

IV.1.1  General provisions

100 – 102

 

IV.1.2  Local and national levels

103 – 117

 

IV.1.3  International level

118 – 123

IV.2

Use of the emblem of the Convention for the Safeguarding of the Intangible Cultural Heritage

124 – 150

 

IV.2.1  Definition

124 – 125

 

IV.2.2   Rules applicable to use of the UNESCO logo and the emblem of the Convention respectively

126 – 128

 

IV.2.3  Rights of use

129

 

IV.2.4  Authorization

130 – 136

 

IV.2.5  Criteria and conditions for the use of the emblem for the purpose of patronage

137 – 139

 

IV.2.6  Commercial use and contractual arrangements

140 – 143

 

IV.2.7  Graphical standards

144

 

IV.2.8  Protection

145 – 150

Chapter V

Reporting to the Committee

151 – 169

V.1

Reports by States Parties on the implementation of the Convention

151 – 159

V.2

Reports by States Parties on elements inscribed on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding

160 – 164

V.3

Receipt and processing of reports

165 – 167

V.4

Reports by States non party to the Convention on elements inscribed on the Representative List of the Intangible Cultural Heritage of Humanity

168 – 169

Chapter I

Safeguarding of the intangible cultural heritage at the international level, cooperation and international assistance

I.1

Criteria for inscription on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding

1.

In nomination files, the submitting State(s) Party(ies), is (are) requested to demonstrate that an element proposed for inscription on the Urgent Safeguarding List satisfies all of the following criteria:

 

U.1

The element constitutes intangible cultural heritage as defined in Article 2 of the Convention.

 

U.2

a.

The element is in urgent need of safeguarding because its viability is at risk despite the efforts of the community, group or, if applicable, individuals and State(s) Party(ies) concerned;

 

or

b.

The element is in extremely urgent need of safeguarding because it is facing grave threats as a result of which it cannot be expected to survive without immediate safeguarding.

 

U.3

Safeguarding measures are elaborated that may enable the community, group or, if applicable, individuals concerned to continue the practice and transmission of the element.

 

 

U.4

The element has been nominated following the widest possible participation of the community, group or, if applicable, individuals concerned and with their free, prior and informed consent.

 

 

U.5

The element is included in an inventory of the intangible cultural heritage present in the territory(ies) of the submitting State(s)Party(ies), as defined in Articles 11 and 12 of the Convention.

 

 

U.6

In cases of extreme urgency, the State(s) Party(ies) concerned has(have) been duly consulted regarding inscription of the element in conformity with Article 17.3 of the Convention.

 

I.2

Criteria for inscription on the Representative List of the Intangible Cultural Heritage of Humanity

2.

In nomination files, the submitting State(s) Party(ies) is (are) requested to demonstrate that an element proposed for inscription on the Representative List of the Intangible Cultural Heritage of Humanity satisfies all of the following criteria:

 

R.1

The element constitutes intangible cultural heritage as defined in Article 2 of the Convention.

 

R.2

Inscription of the element will contribute to ensuring visibility and awareness of the significance of the intangible cultural heritage and to encouraging dialogue, thus reflecting cultural diversity worldwide and testifying to human creativity.

 

R.3

Safeguarding measures are elaborated that may protect and promote the element.

 

R.4

The element has been nominated following the widest possible participation of the community, group or, if applicable, individuals concerned and with their free, prior and informed consent.

 

R.5

The element is included in an inventory of the intangible cultural heritage present in the territory(ies) of the submitting State(s)Party(ies), as defined in Articles 11 and 12 of the Convention.

I.3

Criteria for selection of programmes, projects and activities that best reflect the principles and objectives of the Convention

3.

States Parties are encouraged to propose national, subregional or regional programmes, projects and activities for safeguarding intangible cultural heritage to the Committee for selection and promotion as best reflecting the principles and objectives of the Convention.

4.

At each session the Committee may explicitly call for proposals characterized by international cooperation, as mentioned in Article 19 of the Convention, and/or focusing on specific priority aspects of safeguarding.

5.

Such programmes, projects and activities may be completed or in progress at the time they are proposed to the Committee for selection and promotion.

6.

In its selection and promotion of safeguarding programmes, projects and activities, the Committee shall pay special attention to the needs of developing countries and to the principle of equitable geographic distribution, while strengthening South-South and North-South-South cooperation.

7.

From among the programmes, projects or activities proposed to it, the Committee shall select those that best satisfy all of the following criteria:

 

P.1

The programme, project or activity involves safeguarding, as defined in Article 2.3 of the Convention.

 

P.2

The programme, project or activity promotes the coordination of efforts for safeguarding intangible cultural heritage on regional, subregional and/or international levels.

 

P.3

The programme, project or activity reflects the principles and objectives of the Convention.

 

P.4

The programme, project or activity has demonstrated effectiveness in contributing to the viability of the intangible cultural heritage concerned.

 

P.5

The programme, project or activity is or has been implemented with the participation of the community, group or, if applicable, individuals concerned and with their free, prior and informed consent.

 

P.6

The programme, project or activity may serve as a subregional, regional or international model, as the case may be, for safeguarding activities.

 

P.7

The submitting State(s) Party(ies), implementing body(ies), and community, group or, if applicable, individuals concerned are willing to cooperate in the dissemination of best practices, if their programme, project or activity is selected.

 

P.8

The programme, project or activity features experiences that are susceptible to an assessment of their results.

 

P.9

The programme, project or activity is primarily applicable to the particular needs of developing countries.

I.4

Eligibility and selection criteria of international assistance requests

8.

All States Parties are eligible to request international assistance. International assistance provided to States Parties for the safeguarding of intangible cultural heritage is supplementary to national efforts for safeguarding.

9.

The Committee may receive, evaluate and approve requests for any purpose and for any form of international assistance mentioned in Articles 20 and 21 of the Convention respectively, depending on the available resources. Priority is given to requests for international assistance concerning:

(a)  the safeguarding of the heritage inscribed on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding;

(b)  the preparation of inventories in the sense of Articles 11 and 12 of the Convention ;

(c)  support for programmes, projects and activities carried out at the national, subregional and regional levels aimed at the safeguarding of the intangible cultural heritage;

(d)  preparatory assistance.

10.

When evaluating requests for international assistance, the Committee shall take into account the principle of equitable geographical distribution and the special needs of developing countries. The Committee may also take into account whether:

(a)  the request implies cooperation at the bilateral, regional or international levels; and/or

(b)  the assistance may have a multiplier effect and may stimulate financial and technical contributions from other sources.

11.

International assistance as described in Articles 20 and 21 of the Convention may be granted on an emergency basis, as mentioned in Article 22 of the Convention (emergency assistance).

12.

The Committee will base its decisions on granting assistance on the following criteria:

 

A.1

The community, group and/or individuals concerned participated in the preparation of the request and will be involved in the implementation of the proposed activities, and in their evaluation and follow-up as broadly as possible.

 

A.2

The amount of assistance requested is appropriate.

 

A.3

The proposed activities are well conceived and feasible.

 

A.4

The project may have lasting results.

 

A.5

The beneficiary State Party shares the cost of the activities for which international assistance is provided, within the limits of its resources.

 

A.6

The assistance aims at building up or reinforcing capacities in the field of safeguarding intangible cultural heritage.

 

A.7

The beneficiary State Party has implemented previously financed activities, if any, in line with all regulations and any conditions applied thereto.

I.5

Multi-national files

13.

States Parties are encouraged to jointly submit multi-national nominations to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding and the Representative List of the Intangible Cultural Heritage of Humanity when an element is found on the territory of more than one State Party.

14.

One or more States Parties may, with the agreement of each State Party concerned, propose inscription on an extended basis of an element already inscribed. The States Parties concerned submit together a nomination showing that the element, as extended, satisfies all of the criteria set out in paragraph 1 for the List of Intangible Cultural Heritage in Need of Urgent Safeguarding and paragraph 2 for the Representative List of the Intangible Cultural Heritage of Humanity. Such a request shall be submitted according to the established procedures and deadlines for nominations. In the event that the Committee decides to inscribe the element on the basis of the new nomination file, the new inscription shall replace the original inscription. In the event that the Committee, on the basis of the new nomination file, decides not to inscribe the element, the original inscription shall remain intact.

15.

The Committee encourages the submission of subregional or regional programmes, projects and activities as well as those undertaken jointly by States Parties in geographically discontinuous areas. States Parties may submit these proposals individually or jointly.

16.

States Parties may submit to the Committee requests for international assistance jointly submitted by two or more States Parties.

I.6

Submission of files

17.

Form ICH-01 is used for the nominations to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding, ICH-02 for the Representative List of the Intangible Cultural Heritage of Humanity, ICH-03 for the proposals of programmes, projects and activities that best reflect the principles and objectives of the Convention.

18.

States Parties may request preparatory assistance for the elaboration of nomination files to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding and for the elaboration of proposals of programmes, projects and activities that best reflect the principles and objectives of the Convention.

19.

As far as preparatory assistance is concerned, Form ICH-05 is used for requests for preparatory assistance to elaborate a nomination for inscription on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding, and Form ICH-06 is used for requests for preparatory assistance to elaborate a proposal of a programme, project or activity for selection and promotion by the Committee.

20.

All other requests for international assistance, whatever amount is requested, shall be submitted using Form ICH-04.

21.

All the forms are available at www.unesco.org/culture/ich or on request from the Secretariat.

22.

The files shall include only the information requested in the forms.

23.

Submitting States Parties shall involve the communities, groups and, where applicable, individuals concerned in the preparation of their files.

24.

A State Party may withdraw a file it has submitted at any time prior to evaluation by the Committee, without prejudice to its right to benefit from international assistance under the Convention.

I.7

Examination of files

25.

Examination includes assessment of the conformity of the nomination, proposal or international assistance request with the required criteria.

26.

On an experimental basis, examination of nominations for inscription on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding, of proposals of programmes, projects and activities that best reflect the principles and objectives of the Convention and of International Assistance requests greater than US$25,000 shall be accomplished by a consultative body of the Committee established in accordance with Article 8.3 of the Convention. The Consultative Body will make recommendations to the Committee for its decision. The Committee shall select six independent experts and six accredited NGOs as members of the Consultative Body at each session, taking into consideration equitable geographical representation and various domains of intangible cultural heritage. The duration of office of a member of the Consultative Body shall not exceed 24 months. Every year, the Committee shall renew half of the members of the Consultative Body. This mechanism shall be examined and, if necessary, revised by the Committee in 2012.

27.

For the List of Intangible Cultural Heritage in Need of Urgent Safeguarding, each examination shall include assessment of the viability of the element and of the feasibility and sufficiency of the safeguarding plan. It shall also include assessment of the risk of its disappearing, due, inter alia, to the lack of means for safeguarding and protecting it, or to processes of globalization and social or environmental transformation.

28.

The Consultative Body submits to the Committee an examination report that includes a recommendation to inscribe or not to inscribe the nominated element on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding; to select or not to select the proposal of a programme, project or activity; or to approve or not to approve the International Assistance request.

29.

Examination of nominations for inscription on the Representative List of the Intangible Cultural Heritage of Humanity shall be accomplished by a subsidiary body of the Committee established in accordance with its Rules of Procedure.

30.

The Committee, through its Subsidiary Body, shall examine every year nominations for inscription on the Representative List of the Intangible Cultural Heritage of Humanity in accordance with the resources available and their ability to examine these nominations. States Parties are encouraged to keep in mind the above factors when submitting nominations for inscription on the Representative List.

31.

The Subsidiary Body submits to the Committee an examination report that includes a recommendation to inscribe or not to inscribe the nominated element on the Representative List, or to refer the nomination to the submitting State for additional information.

32.

The Secretariat will transmit to the Committee an overview of all nominations, proposals of programmes, projects and activities and international assistance requests including summaries and examination reports. The files and examination reports will also be made available to States Parties for their consultation.

I.8

Nominations to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding to be processed on an extremely urgent basis

33.

In case of extreme urgency, and in conformity with Criterion U.6, the Bureau of the Committee may invite the State(s) Party(ies) concerned to submit a nomination to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding on an accelerated schedule. The Committee, in consultation with the State(s) Party(ies) concerned, shall evaluate the nomination as quickly as possible after its submission, in accordance with a procedure to be established by the Bureau of the Committee on a case-by-case basis.

34.

Cases of extreme urgency may be brought to the attention of the Bureau of the Committee by the State(s) Party(ies) on whose territory(ies) the element is located, by any other State Party, by the community concerned or by an advisory organization. The State(s) Party(ies) concerned shall be informed in a timely manner.

I.9

Evaluation of files by the Committee

35.

After evaluation, the Committee decides whether or not an element shall be inscribed on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding, whether or not a programme, project or activity shall be selected or whether or not an International Assistance request greater than US$25,000 shall be approved.

36.

After evaluation, the Committee decides whether or not an element shall be inscribed on the Representative List of Intangible Cultural Heritage of Humanity or whether the nomination should be referred to the submitting State for additional information. Nominations that the Committee decides to refer to the submitting State may be resubmitted to the Committee for evaluation.

37.

If the Committee decides that an element should not be inscribed on the Representative List of the Intangible Cultural Heritage of Humanity, the nomination may not be resubmitted to the Committee for inscription on this List, before four years have passed.

I.10

Transfer of an element from one List to the other

38.

An element may not simultaneously be inscribed on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding and the Representative List of the Intangible Cultural Heritage of Humanity. A State Party may request that an element be transferred from one List to the other. Such a request must demonstrate that the element satisfies all of the criteria for the List to which transfer is requested, and shall be submitted according to the established procedures and deadlines for nominations.

I.11

Removal of an element from a List

39.

An element shall be removed from the List of Intangible Cultural Heritage in Need of Urgent Safeguarding by the Committee when it determines, after assessment of the implementation of the safeguarding plan, that the element no longer satisfies one or more criteria for inscription on that list.

40.

An element shall be removed from the Representative List of the Intangible Cultural Heritage of Humanity by the Committee when it determines that it no longer satisfies one or more criteria for inscription on that list.

I.12

Modification of name of an inscribed element

41.

One or more States Parties may request that the name by which an element is inscribed be changed. Such a request shall be submitted at least three months prior to a Committee session.

I.13

Programmes, projects and activities selected as best reflecting the principles and objectives of the Convention

42.

The Committee shall encourage research, documentation, publication and dissemination of good practices and models with international cooperation in generating safeguarding measures and creating favourable conditions for such measures that have been evolved by States Parties in the implementation of selected programmes, projects and activities, with or without assistance.

43.

The Committee shall encourage States Parties to create favourable conditions for the implementation of such programmes, projects and activities.

44.

In addition to the register of selected programmes, projects and activities, the Committee shall compile and make available information about the measures and methodologies used, and experiences gained, if any.

45.

The Committee shall encourage research on and evaluation of the effectiveness of safeguarding measures included in the programmes, projects and activities that it has selected and shall promote international cooperation in such research and evaluation.

46.

On the basis of experiences gained and lessons learned in these and other safeguarding programmes, projects and activities, the Committee shall provide guidance on best practices and make recommendations on measures for safeguarding intangible cultural heritage (Article 7 (b) of the Convention).

I.14

International assistance

47.

International assistance requests up to US$25,000 (except requests for preparatory assistance) and emergency requests regardless of the amount can be submitted at any time.

48.

The Secretariat shall assess the completeness of the request and may ask for missing information. It shall inform the requesting State(s) Party(ies) about the possible evaluation dates of the request.

49.

Requests up to US$25,000, including preparatory assistance, are evaluated and approved by the Bureau of the Committee.

50.

Emergency requests greater than US$25,000 are evaluated and approved by the Bureau of the Committee.

51.

Requests greater than US$25,000 are examined by a consultative body of the Committee, in conformity with paragraph 26 above, and evaluated and approved by the Committee.

52.

The Secretariat shall communicate the decision concerning the granting of assistance to the requesting party(ies) within two weeks following the decision. The Secretariat shall reach agreement with the requesting party(ies) on the details of the assistance.

53.

The assistance will be subject to appropriate monitoring, reporting and evaluation.

I.15

Timetable – Overview of procedures

54.

Phase 1:

Preparation and submission

 

31 March
Year 0

Deadline for preparatory assistance requests for the elaboration of nominations for the List of Intangible Cultural Heritage in Need of Urgent Safeguarding and proposals for programmes, projects and activities that best reflect the objectives of the Convention (Article 18).

 

31 March
Year 1

Deadline by which nominations for the List of Intangible Cultural Heritage in Need of Urgent Safeguarding and the Representative List of the Intangible Cultural Heritage of Humanity, proposals for programmes, projects and activities and international assistance requests greater than US$25,000 must be received by the Secretariat. Files received after this date will be examined in the next cycle.

 

30 June
Year 1

Deadline by which the Secretariat will have processed the files, including registration and acknowledgement of receipt. If a file is found incomplete, the State Party is invited to complete the file.

 

 

 

 

30 September
Year 1

Deadline by which missing information required to complete the files, if any, shall be submitted by the State Party to the Secretariat. Files that remain incomplete are returned to the States Parties that may complete them for a subsequent cycle.

55.

Phase 2:

Examination

 

 

 

 

December Year 1 – May Year 2

Examination of the files by the Consultative Body or Subsidiary Body.

 

April – June
Year 2

Meetings for final examination by the Consultative Body or Subsidiary Body.

 

Four weeks prior to the session of the Committee

The Secretariat transmits the examination reports to the members of the Committee. The files and examination reports will also be available on-line for consultation by States Parties.

56.

Phase 3:

Evaluation

 

November
Year 2

The Committee evaluates the nominations, proposals and requests and makes its decisions.

I.16

Incorporation of items proclaimed ‘Masterpieces of the Oral and Intangible Heritage of Humanity’ in the Representative List of the Intangible Cultural Heritage of Humanity

57.

In conformity with Article 31.1 of the Convention, the Committee shall automatically incorporate in the List foreseen in Article 16 of the Convention all the items that had been proclaimed ‘Masterpieces of the Oral and Intangible Heritage of Humanity’ before the entry into force of the Convention, following the adoption of the present Operational Directives by the General Assembly.

58.

This incorporation is enforceable upon all States having present on their territories one or several items proclaimed Masterpieces, whether or not they are party to the Convention. Concerning the States non party whose items proclaimed Masterpieces have been incorporated in the List, they shall enjoy all the rights and assume all the obligations included within the Convention as regards only those items present on their territories, on the condition that they so consent in writing, it being understood that those rights and obligations cannot be invoked or applied separately from each other.

59.

All States non party having present on their territories items proclaimed Masterpieces shall be notified by the Director-General about the adoption of the present Operational Directives which require that these items be placed on an equal footing with items inscribed in the future, in conformity with Article 16.2 of the Convention, and governed by the same legal regime for monitoring, transfer from one List to the other or withdrawal, according to the modalities foreseen by these Operational Directives.

60.

Through the above-mentioned notification, States non party will simultaneously be invited by the Director-General as mandated by the Committee to express, within one year, their explicit consent in writing to accept the rights and assume the obligations contained in the Convention in accordance with the modalities foreseen in paragraphs 58 and 59 above.

61.

The written notification of this acceptance by the State non party shall be addressed to the Director-General acting in his capacity as Depositary of the Convention, and constitutes submission of the items proclaimed Masterpieces concerned to the full legal regime of the Convention.

62.

In the case that a State non party to the Convention has refused to provide within one year written consent to accept the rights and assume the obligations under the Convention concerning items present on its territory and inscribed on the Representative List of the Intangible Cultural Heritage of Humanity, the Committee shall have the right to withdraw these items from the List.

63.

In the case that a State non party to the Convention has not responded to the notification or keeps silent on its intent, or in the case of absence of an explicit indication of its consent within one year, its silence or lack of response will be considered by the Committee as a refusal justifying the application of paragraph 62 above, unless circumstances beyond its control prevent it from notifying its acceptance or refusal.

64.

In the case that an item proclaimed Masterpiece incorporated in the List is found to be on the territories of both a State Party and a State non party to the Convention, it shall be considered as benefiting from the full legal regime established by the Convention, it being understood that the State non party shall be invited by the Director-General as mandated by the Committee to consent to the obligations foreseen by the Convention. In the absence of an explicit indication of the State non party’s consent, the Committee shall have the right to recommend that it refrain from undertaking any act that might harm the item proclaimed Masterpiece so concerned.

65.

The Committee shall report to the General Assembly on the measures undertaken in this respect according to the modalities and formalities foreseen by the present Operational Directives.

Chapter II

The Intangible Cultural Heritage Fund

 

II.1

Guidelines for the use of the resources of the Fund

66.

The resources of the Fund, which is managed as a special account in conformity with Article 1.1 of its Financial Regulations, shall be used primarily for granting international assistance as described in Chapter V of the Convention.

67.

The resources may further be used:

(a)   for the replenishment of the Reserve Fund mentioned in Article 6 of the Financial Regulations;

(b)   for the support of other functions of the Committee as described in Article 7 of the Convention, including those related to the proposals mentioned in Article 18 of the Convention;

(c)   for the costs of participation in the sessions of the Committee of representatives of developing States Members of the Committee, but only for persons who are experts in intangible cultural heritage, and, if the budget allows, on a case by case basis, for the costs of participation of representatives who are experts in intangible cultural heritage, from developing countries that are Parties to the Convention but not Members of the Committee;

(d)   for the costs of advisory services to be provided, at the request of the Committee, by non-governmental and non-profit-making organizations, public or private bodies and private persons;

(e)   for the costs of participation of public or private bodies, as well as private persons, notably members of communities and groups, that have been invited by the Committee to its meetings to be consulted on specific matters.

II.2

The means to increase the resources of the Intangible Cultural Heritage Fund

II.2.1

Donors

68.

The Committee welcomes contributions to the Intangible Cultural Heritage Fund [‘the Fund’] aimed at reinforcing the capacities of the Committee to execute its functions.

69.

The Committee welcomes such contributions from the United Nations and its specialized agencies and programmes, in particular the United Nations Development Programme, and from other international organizations. The Committee also encourages States Parties to the Convention and other States to provide voluntary contributions to the Fund. The Committee further welcomes contributions to the Fund from public and private bodies and individuals.

70.

The Committee encourages the establishment of national, public and private foundations or associations aimed at promoting the objectives of the Convention, and welcomes their contributions to the Intangible Heritage Fund.

71.

The Committee calls upon States Parties to lend their support to international fundraising campaigns organized for the benefit of the Fund under the auspices of UNESCO.

II.2.2

Conditions

72.

No political, economic or other conditions which are incompatible with the objectives of the Convention may be attached to contributions made to the Fund.

73.

No contributions may be accepted from entities whose activities are not compatible with the aims and principles of the Convention, with existing international human rights instruments, with the requirements of sustainable development or with the requirements of mutual respect among communities, groups and individuals. The Secretariat may decide to put specific cases of contributions before the Committee.

74.

Voluntary contributions to the Intangible Cultural Heritage Fund are governed in accordance with the Fund’s financial regulations, the Guidelines for the use of the Fund, drawn up by the General Assembly, and the Plans for the use of the resources of the Fund that are periodically prepared by the Committee. In particular, the following provisions apply to voluntary contributions to the Fund:

(a)  Donors have no direct influence on the use that the Committee will make of their contribution to the Fund;

(b)  No individual narrative or financial reporting is provided to the donor;

(c)  Agreements are reached by a single exchange of letters between the Secretariat and the donor.

75.

Voluntary contributions may be made following the model letter attached to these Operational Directives in Annex ***. Information on the procedures to follow for providing voluntary contributions is also available at www.unesco.org/culture/ich or by writing to ich@unesco.org.

II.2.3

Benefits for donors

76.

The Secretariat shall annually inform the Committee about the voluntary contributions provided to the Fund. The Committee shall provide visibility, if so wished by the donors, for these contributions. Voluntary contributions will also be made known on the website of the Convention.

77.

Recognition to contributors shall be provided as follows:

(a)  Supplementary voluntary contributions by States Parties: The Secretariat publishes an updated list of States Parties, in alphabetical order, that have made supplementary voluntary contributions to the Fund, primarily through the website of the Convention. A printed version is published every two years, on the occasion of the session of the General Assembly.

(b)  Contributions by other States, United Nations and its specialized agencies and programmes, other international organizations and public bodies: The Secretariat publishes an updated list, in alphabetical order, of States other than States Parties, the United Nations and its specialized agencies and programmes, other international organizations and public bodies that have made contributions to the Fund, primarily through the website of the Convention. A printed version is published every two years, on the occasion of the session of the General Assembly.

(c)  Contributions by private bodies and individuals: The Secretariat publishes an updated list, in the decreasing order of the amount of their contribution, of private bodies and individuals that have made contributions to the Fund, primarily through the website of the Convention. A printed version is published every two years, on the occasion of the session of the General Assembly. During the 24 months following the deposit of their contribution, private contributors may promote their cooperation with the Committee in all media formats, including brochures and other publications. Materials must be reviewed and approved by the Secretariat in advance and cannot explicitly advertise contributors’ products or services.

78.

States Parties are encouraged to consider the possibility of recognizing private contributions to the Fund as eligible to benefit from fiscal mechanisms that motivate such voluntary financial contributions, such as tax benefits or other forms of public policy instruments defined by national law.

Chapter III

Participation in the implementation of the Convention

 

III.1

Participation of communities, groups and, where applicable, individuals, as well as experts, centres of expertise and research institutes

79.

Recalling Article 11 (b) of the Convention and in the spirit of Article 15 of the Convention, the Committee encourages States Parties to establish functional and complementary cooperation among communities, groups and, where applicable, individuals who create, maintain and transmit intangible cultural heritage, as well as experts, centres of expertise and research institutes.

80.

States Parties are encouraged to create a consultative body or a coordination mechanism to facilitate the participation of communities, groups and, where applicable, individuals, as well as experts, centres of expertise and research institutes, in particular in:

(a)  the identification and definition of the different elements of intangible cultural heritage present on their territories;

(b)  the drawing up of inventories;

(c)  the elaboration and implementation of programmes, projects and activities;

(d)  the preparation of nomination files for inscription on the Lists, in conformity with the relevant paragraphs of Chapter 1 of the present Operational Directives;

(e)  the removal of an element of intangible cultural heritage from one List or its transfer to the other, as referred to in paragraphs 38 to 40 of the present Operational Directives.

81.

States Parties shall take necessary measures to sensitize communities, groups and, where applicable, individuals to the importance and value of their intangible cultural heritage, as well as of the Convention, so that the bearers of this heritage may fully benefit from this standard-setting instrument.

82.

In conformity with the provisions of Articles 11 to 15 of the Convention, States Parties shall undertake appropriate measures to ensure capacity building of communities, groups and, where applicable, individuals.

83.

States Parties are encouraged to establish and regularly update, in a manner geared to their own situation, a directory of experts, centres of expertise, research institutes and regional centres active in the domains covered by the Convention that could undertake the studies mentioned in Article 13 (c) of the Convention.

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