Symposium : The Human Dimension of International Cultural Heritage Law

• Lixinski, Lucas

Abstract

This article discusses the international protection of intangible cultural heritage (ICH) by a UNESCO-based regime created by the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. This Convention has experienced very fast ratification (127 states parties less than seven years after its approval), but this is in no small part attributable to a certain lack of ‘legal bite’ of the instrument. There are several layers of state sovereignty imbued in the instrument, as well as weak mechanisms for community participation. These are reflected by a state prerogative in determining what the intangible heritage within their territories is for international safeguarding purposes, therefore having the chance to stifle internal dissent by ignoring minority cultures or even appropriating them and depriving them of political meanings. The early practice under the Convention, including the first nominations, puts these structural shortcomings in further evidence. However, recent reforms to the operational directives for the implementation of the Convention have already taken decisive steps towards increasing community participation, even when this means eroding state privileges with regard to the Convention.