Resolución de la Asamblea General: 9.GA 9

The General Assembly,

  1. Having examined document LHE/22/9.GA/9 Rev. and its annex,
  2. Recalling Decision 16.COM 14 and document LHE/21/16.COM 14 as well as Decision 5.EXT.COM 4 and document LHE/22/5.EXT.COM/4,
  3. Takes note of the proposed revisions to the Operational Directives endorsed by the sixteenth session of the Committee, based on the Part I and Part II meetings of the Open-ended intergovernmental working group;
  4. Further takes note of the proposed revisions to the Operational Directives endorsed by the fifth extraordinary session of the Committee, based on the Part III meeting of the Open-ended intergovernmental working group;
  5. Thanks Japan for having supported the global reflection on the listing mechanisms of the Convention;
  6. Expresses its appreciation to the Open-ended intergovernmental working group, its Chairperson, and the experts who took part in the consultation for their work, dedication and engagement;
  7. Also takes note of a separate initiative launched to reflect on a broader implementation of Article 18 of the Convention, further thanks Sweden for supporting this initiative and requests that the Secretariat report on the progress to the tenth session of the General Assembly;
  8. Decides to approve the revisions to the Operational Directives as contained in the annex of the present Resolution.

ANNEX

I.3

[No change.]

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 Deleted.]

I.6

[No change.]

16.1

The inscription of an element on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding or on the Representative List of the Intangible Cultural Heritage of Humanity can be extended to other communities, groups and, if applicable, individuals at the national and/or international level upon the request of the State(s) Party(ies) in whose territory(ies) the element is present.

16.2

State(s) Party(ies) are encouraged to announce their intentions to join in existing inscribed elements on an extended basis, in a timely manner, through the webpage of the Convention, using the dedicated online form.

16.3

At the international level, newly joining States(s) Party(ies) is/are required to demonstrate that its/their inclusion in the extension satisfies all of the required criteria for inscription. Concerned communities, groups and, if applicable, individuals that gave their consent for the submission of the original nomination and subsequent extensions must agree with the proposed extension and their participation in ongoing, newly proposed or updated safeguarding measures with the newly joining communities, groups and, where appropriate, individuals concerned and authorities.

16.4

At the national level, the State Party is required to demonstrate that the extension satisfies the required criteria for inscription, taking into account the criteria already satisfied through the original nomination. Concerned communities, groups and, if applicable, individuals that gave their consent for the submission of the original nomination and subsequent extensions must agree with the proposed extension and their participation in ongoing, newly proposed or updated safeguarding measures with the newly joining communities, groups and, where appropriate, individuals concerned and authorities.

17.1

The inscription of an element on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding or on the Representative List of the Intangible Cultural Heritage of Humanity can be reduced at the national and/or international level if the State(s) Party(ies) in whose territory(ies) the element is present so requests.

17.2.

State(s) Party(ies) is/are required to demonstrate that the communities, groups and, if applicable, individuals who are proposed to be removed from the inscribed element, give evidence of their free, prior and informed consent to the reduction of the element.

I.7

[No change.]

20.1

Form ICH-01 is used for the nominations to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding and includes an option for simultaneously requesting International Assistance; this form is also used for the nominations to the same List on an extended or reduced basis at the national and/or international level.

Form ICH-02 is used for the nominations to the Representative List of the Intangible Cultural Heritage of Humanity; this form is also used for the nominations to the same list on an extended or reduced basis at the national and/or international level.

Form ICH-03 is used for the proposals of programmes, projects and activities that best reflect the principles and objectives of the Convention.

20.2

Form ICH-01 RL to USL is used for the transfer of an element from the Representative List of the Intangible Cultural Heritage of Humanity to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding and includes an option for simultaneously requesting International Assistance.

Form ICH-02 USL to RL, attached to the periodic reporting Form ICH-11, is used for the transfer of an element from the List of Intangible Cultural Heritage in Need of Urgent Safeguarding to the Representative List of the Intangible Cultural Heritage of Humanity.

21.

States Parties may request preparatory assistance, in consultation with communities, groups and where appropriate, individuals concerned, for the elaboration of:

(a)   nomination files to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding

(b)   proposals of programmes, projects and activities that best reflect the principles and objectives of the Convention,

(c)   requests for the transfer of an element from one List to another, and

(d)   nomination files on an extended or reduced basis of already inscribed elements.

22.

Requests for all preparatory assistance shall be submitted by using Form ICH-05. Requests for International Assistance shall be submitted using Form ICH-04, except for requests submitted simultaneously with nominations to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding or in the context of the request to transfer an element from the Representative List of the Intangible Cultural Heritage of Humanity to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding.

I.8

[No change.]

27.

The evaluation of nominations for inscription on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding and on the Representative List of the Intangible Cultural Heritage of Humanity, of proposed programmes, projects and activities that best reflect the principles and objectives of the Convention, and of International Assistance requests submitted simultaneously with nominations to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding or in the context of the request to transfer an element from the Representative List of the Intangible Cultural Heritage of Humanity to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding, shall be accomplished by a consultative body of the Committee established in accordance with Article 8.3 of the Convention, to be known as the ‘Evaluation Body’. The Evaluation Body will make recommendations to the Committee for its decision. The Evaluation Body shall be composed of twelve members appointed by the Committee: six experts qualified in the various fields of the intangible cultural heritage representatives of States Parties non-Members of the Committee and six accredited non-governmental organizations, taking into consideration equitable geographical representation and various domains of intangible cultural heritage.

30.

The Evaluation Body shall submit to the Committee an evaluation report that includes a recommendation:

-        to inscribe or not to inscribe the nominated element (including the transfer from one List to another, the extension or the reduction of an already inscribed element) on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding or the Representative List of the Intangible Cultural Heritage of Humanity, or to refer the nomination to the submitting State(s) for additional information;

-        to select or not to select the proposed programme, project or activity, or to refer the proposal to the submitting State(s) for additional information;

-        to approve or not to approve the International Assistance request submitted in the context of the request to transfer an element from the Representative List of the Intangible Cultural Heritage of Humanity to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding, or to refer the request to the submitting State(s) for additional information;

-        to approve or not to approve the International Assistance request submitted simultaneously with a nomination to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding, or to refer the request to the submitting State(s) for additional information; or

-        to maintain or to remove the inscribed element from the List of Intangible Cultural Heritage in Need of Urgent Safeguarding or the Representative List of the Intangible Cultural Heritage of Humanity, in case of ‘enhanced follow-up’.

I.10

[No change.]

33.

The Committee determines two years beforehand, in accordance with the available resources and its capacity, the number of files that can be treated in the course of the two following cycles which in total is set at no more than sixty. This ceiling shall apply to the set of files comprising nominations to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding and to the Representative List of the Intangible Cultural Heritage of Humanity, and proposals of programmes, projects and activities that best reflect the principles and objectives of the Convention.

34.

The Committee shall endeavour to examine to the extent possible at least one file per submitting State, within the limit of this overall ceiling, giving priority to:

(0)   files from States which had no file treated during the preceding cycle;

(i)    files from States having no elements inscribed, best safeguarding practices selected, and nominations to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding;

(ii)  multi-national files; and

(iii)  files from States with the fewest elements inscribed and best safeguarding practices selected, in comparison with other submitting States during the same cycle.

In case they submit several files during the same cycle, submitting States shall indicate the order of priority in which they wish their files to be examined and are invited to give priority to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding.

35.

After examination, the Committee decides:

-        whether or not an element shall be inscribed on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding or on the Representative List of the Intangible Cultural Heritage of Humanity or whether the nomination shall be referred to the submitting State(s) for additional information;

-        whether or not a programme, project or activity shall be selected as a best safeguarding practice, or whether the proposal shall be referred to the submitting State(s) for additional information; or

-        whether or not an International Assistance request submitted simultaneously with a nomination to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding or in the context of the request to transfer an element from the Representative List of the Intangible Cultural Heritage of Humanity to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding shall be approved, or whether the request shall be referred to the submitting State(s) for additional information.

I.11

[No change.]

38.1

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. The request shall be initiated by the State(s) Party(ies) with the free, prior and informed consent of the communities, groups and, where appropriate, individuals concerned, and shall be submitted according to the established procedures and deadlines.

38.2

Communities, groups and, where appropriate, individuals concerned may express directly to the Secretariat their wish to transfer an element from one List to the other. Such a request is then transmitted to the State(s) Party(ies) concerned and the Committee is informed accordingly.

39.1

An element shall be transferred from the Representative List of the Intangible Cultural Heritage of Humanity to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding by the Committee when it determines, after assessment of the transfer request and taking into account the criteria already satisfied through the original nomination, that the element satisfies all criteria for inscription on that List. The request for such transfer, using Form ICH-01 RL to USL, shall include:

(a)   In relation to criterion U.1 - Updated description of the element, including justification for the need for urgent safeguarding;

(b)   In relation to criterion U.3 - Adequate safeguarding plan;

(c)   In relation to criterion U.4 - Consent from the concerned communities, groups and individuals that had agreed to the inscription on the Representative List of the Intangible Cultural Heritage of Humanity.

39.2

An element shall be transferred from the List of Intangible Cultural Heritage in Need of Urgent Safeguarding to the Representative List of the Intangible Cultural Heritage of Humanity by the Committee when it determines, after assessment of the transfer request and taking into account the criteria already satisfied through the original nomination, that the element satisfies all criteria for inscription on that list. The request for such transfer, using Form ICH-02 USL to RL, shall include:

(a)   In relation to criterion R.1 - Updated description of the element addressing the changes in the viability of the element with reference to the original criterion U.2;

(b)   In relation to criterion R.2 - Demonstration of the contribution of the nominated element to encouraging mutual respect and dialogue among communities, groups and individuals, and indicating how the element contributes to sustainable development;

(c)   In relation to criterion R.3 - Assessment of the implementation of the safeguarding plan described under the original criterion U.3 through the periodic reporting and safeguarding measures planned for the future;

(d)   In relation to criterion R.4 - Consent from the concerned communities, groups and, where appropriate, individuals that had agreed to the inscription on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding.

39.3

The Evaluation Body may also recommend, following its evaluation of the request for transfer, that the Committee include the successful safeguarding experience in the Register of Good Safeguarding Practices.

40.1

An element shall be removed from the List of Intangible Cultural Heritage in Need of Urgent Safeguarding or from the Representative List of the Intangible Cultural Heritage of Humanity by the Committee when it determines that it no longer satisfies the required criteria, paying particular attention to criteria U.1/R.1 and U.4/R.4. The removal can be requested by the concerned State Party, communities, groups or, where appropriate, individuals, or any other third party and such a request shall be treated through the steps described below.

40.2

(a)   A removal request from the submitting entity (i.e. State Party concerned, communities, groups and/or where appropriate, individuals concerned or a third party) is registered by the Secretariat.

(b)   The Secretariat transmits the removal request, as the case may be, to the State Party, the nomination contact person and representatives of communities, groups and/or where appropriate, individuals (as identified in the nomination file), who may provide a response and complementary information.

(c)   If the submitting entity, other than States, wishes to remain anonymous, the Secretariat transmits an edited version of the original removal request.

(d)   If the removal request is submitted by the State Party concerned as identified in the nomination file:

(i)    The Secretariat gathers information in particular in relation to Article 2 of the Convention. The removal request is then directly transmitted to the Committee, together with a response, if any, from the State Party and/or communities, groups and, where appropriate, individuals concerned, as well as any information gathered.

(ii)   The Committee may then decide to:

1.     Place the element under ‘enhanced follow-up’ status as an interim measure if it considers that additional information is needed.

2.     Remove the element from the List if it considers that the information is complete and there is enough ground for removal, with the possibility of placing it in an Intangible Cultural Heritage Repository (end of the procedure).

(e)   In other cases:

(i)    The Secretariat may gather information in particular in relation to Article 2 of the Convention and share the results of that information with the concerned State Party and gather its response, if any. The removal request is then transmitted to the Bureau that recommends whether or not to include the case on the agenda of the next Committee session.

(ii)   The Committee may then decide to:

1.     Maintain the element on the List, if it considers that the information is complete and there is insufficient ground for removal (end of the procedure).

2.     Place the element under ‘enhanced follow-up’ status as an interim measure, if it considers that additional information is needed.

40.3

(a)   The Evaluation Body will evaluate the element placed under ‘enhanced follow-up' status, paying particular attention to Article 2 of the Convention, on the basis of additional information gathered through exchange and dialogue, as appropriate. The Evaluation Body shall transmit its report and recommendation to the Secretariat.

(b)   On the basis of the recommendation from the Evaluation Body, and paying particular attention to criteria R.1/U.1 and R.4/U.4, the Committee may decide to:

(i)       Continue to place the element under ‘follow-up’ for a period to be determined, if the issues persist. The Committee recommends the implementation of reconciliatory/mediatory measures and specifies a session of the Committee in which the issue will be reported back by the State Party for a final decision by the Committee.

(ii)      Remove the element from the List, if there is enough ground for removal, with the possibility of placing it in an Intangible Cultural Heritage Repository (end of the procedure).

(iii)    Maintain the element on the List, if there is insufficient ground for removal (end of procedure).

I.14

[No change.]

47.

International Assistance requests (including for preparatory assistance) shall not exceed US$100.000, except for emergency requests and requests submitted simultaneously with a nomination to the List of intangible Cultural Heritage in Need of Urgent Safeguarding or in the context of the request to transfer an element from the Representative List of the Intangible Cultural Heritage of Humanity to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding.

International Assistance requests can be submitted at any time, except for those requests that are examined and approved by the Committee for which the timetable under I.15 shall apply. Moreover, requests for preparatory assistance shall be submitted by the deadline of 31 March.

49.

International Assistance requests (including for preparatory assistance) up to US$100,000 and emergency requests regardless of the amount are examined and approved by the Bureau of the Committee.

51.

International Assistance requests submitted simultaneously with a nomination to the List of intangible Cultural Heritage in Need of Urgent Safeguarding or in the context of the request to transfer an element from the Representative List of the Intangible Cultural Heritage of Humanity to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding are evaluated by the Evaluation Body and examined and approved by the Committee.

I.15

[No change.]

54.

Phase 1: Preparation and submission

31 March

Year 0

Deadline for preparatory assistance requests.

15 December
Year 0

Deadline for submission of transfer requests from the List of Intangible Cultural Heritage in Need of Urgent Safeguarding to the Representative List of the Intangible Cultural Heritage of Humanity.

31 March

Year 1

Deadline by which nominations for the List of Intangible Cultural Heritage in Need of Urgent Safeguarding (including those submitted simultaneously with International Assistance requests) and the Representative List of the Intangible Cultural Heritage of Humanity, as well as proposals for programmes, projects and activities that best reflect the principles and objectives of the Convention must be received by the Secretariat. Files received after this date will be examined in the next cycle. The Secretariat posts on the website of the Convention, in their original language, files as received.

30 June

Year 1

[No change.]

30 September

Year 1

[No change.]

 

31 January

Year 2

Deadline by which transfer requests from the Representative List of the Intangible Cultural Heritage of Humanity to the List of Intangible Cultural Heritage in Need of Urgent Safeguarding must be received by the Secretariat. The Secretariat registers the requests. The requests are transmitted to the Evaluation Body on the same year of their submission, without checking whether a file is complete.

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