Constitution of the International Training Center for
Intangible Cultural Heritage in the Asia-Pacific Region
under the Auspices of UNESCO(Category 2)
I General Provisions
Article 1 Being approved by the government of the People’s Republic of China and the General Conference of UNESCO at its 35th session, the International Training Centre for Intangible Cultural Heritage in the Asia-Pacific region under the auspices of UNESCO, hereinafter referred to as the “Centre”,, is an institution established under the agreement between the government of the people’s republic of china UNESCO regarding the establishment in Beijing of an international training centre for intangible cultural heritage in the Asia-Pacific region under the auspices of UNESCO(category 2).
Article 2 The Centre is an autonomous and non-profit institution registered according to the Chinese law. The Centre shall enjoy on the territory of the People’s Republic of China the personality and legal capacity necessary for the exercise of its functions, in particular the capacity: to contract; to institute legal proceedings; to acquire and dispose of movable and immovable property.
Article 3 The Centre shall conduct its business independently in accordance with the provisions of the Agreement mentioned above, enjoy its rights and fulfill its duties and obligations under the framework of the Chinese law.
Article 4 The Centre, under the auspices of UNESCO, in conformity with the 2003 Convention and, in particular, its purposes and objectives and definitions (Articles 1 and 2), shall conduct operations in close cooperation with professional institutions and individuals active in the field of intangible cultural heritage, in order to contribute to the effective safeguarding of the intangible cultural heritage of humanity in the world, in particular, in the Asia-Pacific region.
Article 5 The Centre shall specialize in training and its objectives shall be to:
5.1 promote the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage and contribute to its implementation in the Asia-Pacific Region.
5.2 increase the participation of communities, groups and individuals in safeguarding intangible cultural heritage in the Asia-Pacific Region.
5.3 enhance the capacity of the Asia-Pacific Member States of UNESCO in safeguarding ICH, particularly by strengthening the capacities of concerned personnel.
5.4 foster regional and international cooperation for safeguarding ICH.
Article 6 In order to achieve the above objectives, the specific functions of the Centre will be to:
6.1 organize long-term and short-term training courses including classroom training and field-based training on the following subjects, and grant financial support to trainees in need of assistances:
·The 2003 Convention and its Operational Directives;
·Different examples of policies including legal, administrative, technical and financial measures fostering the safeguarding of ICH;
·Introduction to UNESCO publications on identification and documentation of ICH and their application in the field work;
·Teaching ICH in formal and non-formal education, including courses of theory and practice training.
6.2 mobilize international and Chinese experts as well as scientific NGOs specialized in the different domains of ICH to work as instructors and advisors of the above mentioned training activities.
6.3 enhance international and regional cooperation with institutions active in the domain of ICH, notably those established under the auspices of UNESCO (category 2).
6.4 conduct survey and study work closely relating to the training work when the training work makes it necessary.
6.5 provide consultancy service when demands make it necessary.
IV Organizational Structure
Article 7 The Centre shall be primarily composed of a Governing Board and a Secretariat.
Article 8 The Centre shall be guided and supervised by the Governing Board renewed every four years and composed of:
(1) two representative of the Government of the People’s Republic of China, including one from the Ministry of Culture or its designated representative, who shall serve as the Chairperson of the Governing Board;
(2) one representative of the Chinese National Commission for UNESCO;
(3) up to three representatives of the Member States of UNESCO making a substantial contribution to the Centre and to the field of ICH, which shall send to the Director-General of UNESCO notification, in accordance with the stipulations of Article 3, paragraph 2, above while ensuring, as far as possible, possible equitable geographical representation;
(4) a representative of the Director-General of UNESCO;
(5) up to three representatives of relevant academic research institutes including the Chinese Academy of Arts;
(6) up to two representatives of any other intergovernmental organizations or non-governmental organizations, which can be accorded a seat each, by the decision of the Governing Board taken in accordance with its rules of procedure;
(7) the Director of the Centre shall participate in the Governing Board as a non-voting member.
Article 9 The Governing Board shall:
(1) select members of the Executive Board;
(2) approve the long-term and medium-term programmes of the Centre;
(3) approve the annual work plan and budget of the Centre, including the staffing table;
(4) examine the annual reports submitted by the Director of the Centre;
(5) issue the rules and regulations and determine the financial, administrative and personnel management procedures of the Centre;
(6) decide on the participation of regional intergovernmental organizations and international organizations in the work of the Centre.
Article 10 The Governing Board shall meet in ordinary session at regular intervals, at least once every calendar year; it shall meet in extraordinary session if convened by its Chairperson, either on his or her own initiative or at the request of the Director-General of UNESCO or of a majority of its members.
Article 11 The Governing Board shall adopt its own rules of procedure. For its first meeting the procedure shall be established by the Government and UNESCO.
Article 12 The secretariat shall consist of a Director, a Deputy-Director and such staff as is necessary for the proper functioning of the Centre.
Article 13 The Director shall be appointed by the Chairperson of the Governing Board in consultation with the Director-General of UNESCO.
Article 14 The other members of the Secretariat may comprise:
(1) any person appointed by the Director, in accordance with the procedures laid down by the Governing Board;
(2) Government officials who are made available to the Centre, as provided by Government regulations;
(3) members of UNESCO’s staff who are temporarily seconded and made available to the Centre, as provided for by UNESCO’s regulations and by the decisions of its governing bodies.
Article 15 The Director shall discharge the following duties:
(1) direct the work of the Centre in conformity with the programmes and directives established by the Governing Board;
(2) propose the draft work plan and budget to be submitted to the Governing Board for approval;
(3) prepare the provisional agenda for the sessions of the Governing Board and submit to it any proposals that he or she may deem useful for the administration of the Centre;
(4) prepare reports on the Centre’s activities to be submitted to the Governing Board;
(5) represent the Centre in law and in all civil acts.
Article 16 The Secretariat may establish such departments, subsidiary bodies, branches and subordinate legal entities it deems necessary.
Article 7 In order to ensure the effective running of the Centre between sessions, the Governing Board may delegate to a standing Executive Committee, whose membership it determines, such powers as it deems necessary.
Article 18 In order to provide the Governing Board and the Executive Committee with necessary scientific advisory services, the Governing Board may constitute an Advisory Committee, whose membership it determines, with such powers as it deems necessary.
V Relationship to UNESCO, the Use of the Name and Logo of the Centre
Article 19 The Centre may mention its affiliation with UNESCO. It may therefore use after its title the mention “under the auspices of UNESCO”.
Article 20 The Centre is authorized to use the UNESCO logo or a version thereof on its letter headed paper and documents in accordance with the conditions established by the governing bodies of UNESCO.
Article 21 The Centre may design, use its own logo and establish guidelines for its use.
Article 22 Other institutions shall get authorization from the Centre’s Secretariat to use the name and the logo of the Centre in accordance with the guidelines.
VI Sources of Funds, Assets and Finance Management
Article 23 Sources of funds.
23.1 funds appropriated by the government.
23.2 social contribution, gifts or bequests.
23.3 income generated from activities organized and services within its business scope.
23.4 other legal income.
Article 24 The state financial management system shall be implemented in the management of the Centre’s assets and finance.
Article 25 Accountants with professional qualifications shall be made available to the Centre.