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

Source: CRIHAP

 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 38–40 of the present Operational Directives.

       81. States Parties shall take necessary measures to raise the awareness of communities, groups and, where applicable, individuals regarding 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 11–15 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.

       84. Among the private and public bodies mentioned in paragraph 89 of the present Operational Directives, the Committee may involve experts, centres of expertise and research institutes, as well as regional centres active in the domains covered by the Convention, in order to consult them on specific matters.

       85. States Parties shall endeavour to facilitate access by communities, groups and, where applicable, individuals to results of research carried out among them, as well as foster respect for practices governing access to specific aspects of intangible cultural heritage in conformity with Article13 (d) of the Convention.

       86. States Parties are encouraged to develop together, at the subregional and regional levels, networks of communities, experts, centres of expertise and research institutes to develop joint approaches, particularly concerning the elements of intangible cultural heritage they have in common, as well as interdisciplinary approaches.

       87. States Parties that possess documentation concerning an element of intangible cultural heritage present on the territory of another State Party are encouraged to share such documentation with that other State, which shall make that information available to the communities, groups and, where applicable, individuals concerned, as well as to experts, centres of expertise and research institutes.

       88. States Parties are encouraged to participate in activities pertaining to regional cooperation, including those of category 2 centres for intangible cultural heritage that are or will be established under the auspices of UNESCO, to be able to cooperate in the most efficient manner possible, in the spirit of Article 19 of the Convention, and with the participation of communities, groups and, where applicable, individuals as well as experts, centres of expertise and research institutes.

       89. Within the limit of available resources, the Committee may invite any public or private body (including centres of expertise and research institutes) as well as private persons with recognized competence in the field of intangible cultural heritage (including communities, groups, and other experts) to participate in its meetings in order to sustain an interactive dialogue and consult them on specific matters, in conformity with Article 8.4 of the Convention.

III.2 Non-governmental organizations and the Convention

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

       90. In conformity with Article 11 (b) of the Convention, States Parties shall involve the relevant non-governmental organizations in the implementation of the Convention, inter alia in identifying and defining intangible cultural heritage and in other appropriate safeguarding measures, in cooperation and coordination with other actors involved in the implementation of the Convention.

III.2.2 Participation of accredited non-governmental organizations Criteria for the accreditation of non-governmental organizations

       91. Non-governmental organizations shall:

       (a) have proven competence, expertise and experience in safeguarding (as defined in Article 2.3 of the Convention) intangible cultural heritage belonging, inter alia, to one or more specific domains;

       (b) have a local, national, regional or international nature, as appropriate;

       (c) have objectives that are in conformity with the spirit of the Convention and, preferably, statutes or bylaws that conform with those objectives;

       (d) cooperate in a spirit of mutual respect with communities, groups, and, where appropriate, individuals that create, practise and transmit intangible cultural heritage;

       (e) possess operational capacities, including:

       i. a regular active membership, which forms a community linked by the desire to pursue the objectives for which it was established;

       ii. an established domicile and a recognized legal personality as compatible with domestic law;

       iii. having existed and having carried out appropriate activities for at least four years when being considered for accreditation.

       Modalities and review of accreditation

       92. The Committee asks the Secretariat to receive requests from non-governmental organizations and submit recommendations to it with regard to accrediting them and with regard to maintaining or terminating relations with them.

       93. The Committee submits its recommendations to the General Assembly for decision, in conformity with Article 9 of the Convention. In receiving and examining such requests, the Committee shall pay due attention to the principle of equitable geographical representation based on information provided to it by the Secretariat. Accredited non-governmental organizations should abide by applicable domestic and international legal and ethical standards.

       94. The Committee reviews the contribution and the commitment of the advisory organization, and its relations with it, every four years following accreditation, taking into account the perspective of the non-governmental organization concerned.

       95. Termination of relations may be decided at the time of the review if the Committee deems it necessary. If circumstances require, relations may be suspended with the organization concerned until a decision regarding termination of these relations is taken. Advisory functions

       96. Accredited non-governmental organizations who, according to Article 9.1 of the Convention, shall have advisory functions to the Committee, may be invited by the Committee to provide it, inter alia, with reports of evaluation as a reference for the Committee to examine:

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

       (b) the programmes, projects and activities mentioned in Article 18 of the Convention;

       (c) requests for international assistance;

       (d) the effects of safeguarding plans for elements inscribed on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding.

       Procedure for accreditation

       97. A non-governmental organization requesting accreditation to act in an advisory capacity to the Committee shall submit to the Secretariat the following information:

       (a) a description of the organization, including its full official name;

       (b) its main objectives;

       (c) its full address;

       (d) its date of founding or approximate duration of its existence;

       (e) the name of the country or countries in which it is active;

       (f) documentation showing that it possesses operational capacities, including proof of:

       i. a regular active membership, which forms a community linked by the desire to pursue the objectives for which it was established;

       ii. an established domicile and a recognized legal personality as compatible with domestic law;

       iii. having existed and having carried out appropriate activities for at least four years when being considered for accreditation.

       (g) its activities in the field of safeguarding intangible cultural heritage;

       (h) a description of its experiences in cooperating with communities, groups and intangible cultural heritage practitioners.

       98. Requests for accreditation shall be prepared by using the Form ICH-09 (available at www.unesco.org/culture/ich or on request from the Secretariat) and shall include all the information requested and only that information. Requests shall be received by the Secretariat by 30 April of odd-numbered years for examination by the Committee at its ordinary session in that same year.

       99. The Secretariat shall register the proposals and keep up to date a list of non- governmental organizations accredited to the Committee.

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