Documents

• Interim report on the project concerning the proclamation by UNESCO of masterpieces of the oral and intangible heritage of humanity
  157 EX/8: English

This Symposium was organised to implement the Draft Resolution approved by the 29th session of the General Conference of UNESCO in November 1997. That Resolution was presented by the Iranian authorities in response to their concern that the significance of women’s role in the transmission of intangible heritage has not been adequately recognised, and that it is necessary to bring the matter to the attention of the international community.

The Symposium provided a forum whereby further steps to be taken in the preservation, revitalisation and greater recognition of women’s significant role in relation to intangible cultural heritage could be constructively examined. As women are so often the principal transmitters of much intangible heritage in cultures worldwide, it is imperative that their role in reaching these objectives is a meaningful and central one.

Fourteen participants from twelve countries and eight participants from Iran attended the conference. The participants included practitioners, researchers and government officials. Several observers were also present.

The meeting was jointly organised and funded by UNESCO and the Iranian National Commission for UNESCO.

• Background paper (English)
• Agenda (English)
• List of participants (English)
• Final report (English)

Since the adoption of UNESCO’s Recommendations on the Safeguarding of Traditional Culture and Folklore in 1989 and the launching of the Safeguarding and Promoting of Intangible Cultural Heritage Programme in 1993 much has changed in the worldwide political, economic, social and cultural landscapes. In addition, the emergence of new technologies can have an adverse effect, which challenges the safeguarding of intangible cultural heritage, and alternatively, more positive influences facilitating preservation, revitalization and transmission. Despite the progress of UNESCO’s Intangible Heritage Programme, many issues and questions have arisen in relation to the situation of this heritage. In response, UNESCO has organized eight regional seminars of assessment for the application of the Recommendation from 1995 to 1999. On the basis of the results of these regional seminars, the International Conference was organized by UNESCO in collaboration with the Smithsonian Institution with the purpose of reviewing the protection of intangible cultural heritage at the end of the twentieth century, assessing the relevance of UNESCO’s 1989 Recommendation to the current situation and developing fresh orientations for UNESCO’s programme in this new world context.

The Action Plan at the conference highlights the concerns of thirty-four participants from twenty-seven countries and those of forty observers. While pursuing efforts in the field of safeguarding and promoting intangible cultural heritage, UNESCO’s programme must respond to Member States’ concerns regarding the continual emergence of relevant and diverse factors, including gender transformation, access to new technologies, bio-ethics, management of natural resources, cultural diversity and globalization. The following concrete recommendations were made within the Action Plan addressed to UNESCO:

• Development of adequate international legal instruments to reinforce the protection of intangible cultural heritage;
• Implementation of actions orientated towards practitioners with the active participation of local communities for safeguarding their own culture;
• Establishment of an international and interdisciplinary network of experts to assist Member States in developing concrete programmes to safeguard, promote, transmit and revitalize intangible cultural heritage.

UNESCO/Japan Funds-in-Trust ($69,942); the Smithsonian Institution ($60,000); US State Dept. ($30,000); National Endowment ($10,000)

• 1989 Recommendation (English | French)
• Final report (English|French|Spanish)
• Action plan (English|French|Spanish)
• ‘Safeguarding Traditional Cultures: A Global Assessment’, edited by Peter Seitel, Center for Folklife and Cultural Heritage, Smithsonian Institution, Washington D.C. (English)

Documents

Documents

This seminar was held in Beirut in May 1999 to consider the question as applied in Arab States. Experts from twelve countries took part in the seminar. Certain main concerns facing Arab States in the field of folklore, outlined in the completed questionnaires submitted by ten countries, were enumerated. These included:
Budgets reserved for folklore were reduced.

• Traditional industries have become separated from “heritage” and now principally serve tourists.
• Heritage may be lost due to the importance given to everything new, particularly new technologies.
• Heritage could be distorted or stolen by other countries and divided along sectarian lines.
• The institutions concerned with folklore have limited personnel and suffer from the lack of a central body to coordinate work.

The effects of globalization on the cultural heritage were discussed, in the context of the understanding that culture itself is not static. Globalization was seen as a double-edged sword, capable of helping national cultures to revitalize their cultures to face other cultures, but also threatening them with cultural homogeneity. The importance of the preservation of popular and traditional culture for human development was also noted, as was the fact that folklore can be the source of cultural revival while also contributing to economic development. However, one must be careful that the use of folklore for economic ends does not result in damaging the folklore itself. Cultural heritage is threatened by environmental deterioration, but, at the same time, its revitalization can provide the means to creating a better environment as well as forming a part of human identity and dignity.

Participants suggested some measures to solve these folklore-related problems facing Arab States and to lead towards safeguarding and revitalization of cultural heritage. It was suggested that a global development plan be drawn up for popular and traditional heritage and that the necessary legislation be developed to protect this heritage and all persons working in the field. The safeguarding of this heritage is to be understood as a continuous process, and permanent institutions must be created to provide moral and financial support to its practitioners and others. A clear priority also in ensuring the continuity and sustainability of this culture is the introduction of courses related to traditional and popular culture in educational curricula.

Documents

Documents

The seminar took place in Noumea in February 1999. A total of twelve participants from twelve countries took part in the seminar. Thirteen out of the fourteen countries requested responded to the questionnaire, and, on the basis of these responses, the objectives of the seminar were established: to identify ways and means of reinforcing the application of the Recommendation in the region and to formulate a long-term regional strategy aimed at safeguarding, revitalization, legal protection, transmission, and dissemination of Pacific intangible heritage. Short reports were presented by each country. A few countries were unaware of the Recommendation due to their status as new Member States of UNESCO.

No distinction is made in the Pacific region between intangible and tangible heritage, although it has been used for the purposes of this study. Furthermore, for many Indigenous people, “folklore” is seen as an inappropriate and pejorative term, “cultural heritage” being much more positive and useful. The intangible heritage of the Pacific is mainly unrecorded and is threatened by the youthful demography of the region as well as by economic problems in the cultural sector. Another significant threat to the intangible heritage is the
residue of colonialism and its continuing effects on society. It is recognized strongly that traditional cultures have a relevance today for sustainable development.

The common issues and concerns identified during the seminar included:

• Preservation and future development of the intangible heritage require the involvement of many stakeholders (NGOs, women, youth, elders, and local communities).
• The complexities of the land tenure system and the use of family clan, local, and national shareholding suggest that any system based on a single claimant is grossly inadequate for intellectual cultural property ownership in Pacific societies.
• Current international concerns relating to the exploitation of the environment have given regional states the incentive to revive traditional methods of managing land and sea.

Further points made include the need to:

• encourage communities and stakeholders to take part in documenting this heritage;
• recognize the importance of traditional cultures to development and income generation;
• recognize the threat some major business developments pose to community access to materials used in traditional cultural practices;
• recognize that cultural identity and land ownership are inseparable; and
• devise legal tools (which are now non-existent) and intellectual property laws (which are now inappropriate) to protect community culture.

The seminar was organized in Accra in January 1999. Participants from seventeen countries took part in the seminar. A questionnaire was sent to forty states, of which twentyseven sent responses. This provided a good overview of the situation of applying the Recommendation in the region. This was supplemented by further reports from countries.

The seminar reviewed their understanding of the content of traditional culture and folklore. It sought to identify the factors that had sustained it in the past but that are now absent. It was evident that little had been done to implement the Recommendation beyond the steps taken after independence by the newly independent states. Governments were seen to rely on this heritage in strategies for nation-building and encouraging the formation of cultural identity. Reference was made to the role institutions and the media play, but a general lack of coordination, systematic collection, national cultural policies, resources, and manpower, etc., were seen as serious problems. This is unfortunate in light of what oral cultures can bring to the construction and reconstruction of contemporary cultures in Africa under their rubric of: “make the past a part of the present.”

In future actions, safeguarding of traditional culture should be understood within the everyday realities of African countries and not from the “academic” perspective embodied in the Recommendation. The need for a manual on folklore to be used as a resource by local teachers was discussed. The use of anthropological techniques for information-gathering by local, literate people was also considered, an action for which there are precedents from early twentieth-century Africa. The need for urgent action in gathering information on traditional cultures was stressed along with the need to revitalize cultures in order to counteract the residue of colonialism.

A major theme of the seminar was reintegrating traditional culture into modern lives and sharing it with members of the world community to show them the cultural context of the African music and dance styles that they have already adopted.

Documents

• Decisions adopted by the Executive Board at its 155th session, Paris, 19 October-5 November 1998; Tashkent, 6 November 1998
  155 EX/Decisions + Appendix: English
• Report by the Director-General on the precise criteria for the selection of cultural spaces or forms of cultural expression that deserve to be proclaimed by UNESCO to be masterpieces of the oral and intangible heritage of humanity
  155 EX/15 + ADD. & CORR.: English

A regional seminar was organized in Tashkent in October 1998 on the basis of completed questionnaires submitted by eight countries. A total of fourteen representatives from eight countries attended. Several main objectives of the seminar were achieved, including:

• an analysis of the current status of traditional culture and folklore in the newly independent states of the region, with particular emphasis on the restructuring of societies during the transition from the Communist system to the democratic market economy;
• an examination of the role of traditional and popular cultures in the process of nation-building as symbols of and references to peoples’ cultural identity, deeply rooted in their history; an assessment of the socio-cultural role of intangible heritage, particularly in relation to globalism, the cohabitation of different ethnic groups, and the growth of youth culture;
• a formulation of recommendations on future proposals and actions for the reinforcement of the Recommendation; and
• an exploration of the possibility of setting up a regional strategy in the field of safeguarding, legal protection, transmission, revitalization, and dissemination of the intangible cultural heritage.

Significant difficulties face the Recommendation; it has not yet been translated into the official languages of the region, and the newly independent states face major economic, political, and social problems that need to be addressed as an initial task. All participants noted that intangible cultural heritage plays an important role in nation-building and that it, therefore, remains a priority area in the cultural policy of all these states. Although all states have legislation for safeguarding this heritage, it was felt that it does not fit the needs of traditional culture and that new measures (such as copyright protection) need to be developed. Financial assistance from both public and private sectors needs to be increased and financial support given to craftsmen. The lack of computing infrastructure for archives of folklore materials was noted, as was the desire to create a computerized databank of organizations and institutions related to folklore; a UNESCO training seminar was requested to this end. The need for the training of specialists in the field of cultural management was also identified.

This seminar was organized in Joensuu in September 1998 on the basis of fifteen responses received by the organizing group to a questionnaire on the application of the Recommendation. Experts from fourteen countries took part in the seminar. The responses suggested that the main areas to be covered by the seminar should be:

• the legal protection of the intangible heritage of minority cultures;
• the protection and promotion of national and local languages;
• the revival of traditional and popular forms of expression;
• the use of new technologies, visual images, Internet, etc., in relation to this heritage; and
• the evolution of culture and its future.

Outline papers were delivered on four thematic areas: problems of culture, cultural heritage, new technologies, and cultural evolution.

Certain points were raised concerning a general view of life in contemporary Western Europe and the role of traditional culture and folklore within it. These points allowed for certain conclusions to be drawn that will help in the future development of both European and global heritage policies. These conclusions included the following:

• In a rapidly changing world, traditional culture and folklore are becoming essential for the preservation of the identity and diversity of European cultural heritage.
• Issues relating to this heritage are normally handled on the national level with regional and local aspects taken into consideration.
• All the countries of the region have good archives and museums of traditional culture offering free access, and most also have rich private collections.
• The preservation and dissemination of culture is fairly well organized, and traditional culture is taught in schools in most countries.
  

Traditional culture and folklore have a great popularity today in terms of festivals, concerts, seminars, etc., and have become one of the most important features of culture today.

• The media are now showing an interest in this aspect of culture.

Documents

• Decisions adopted by the Executive Board at its 154th session, Paris, 27 April-7 May 1998
  154 EX/Decisions + Appendix + CORR.: English
• Proposal by the Director-General concerning the criteria for the selection of spaces or forms of popular and traditional cultural expression that deserve to be proclaimed by UNESCO to be masterpieces of the oral heritage of humanity
  154 EX/13 + CORR.: English

Out of twenty countries, seventeen responded to the questionnaire on the Recommendation, and a seminar was held in Tokyo in February/March 1998. A total of twenty experts from nineteen Member States in the region participated.

As regards the application of the principal provisions of the Recommendation, 48% of responding countries applied the provisions on identification, 28% the provisions on conservation, 28% its provisions for dissemination, and 42% the provisions for protection of folklore. There has been a notable improvement in the regional protection of traditional culture and folklore, although a few states felt that the Recommendation should eventually be improved. Recurrent themes in the responses included:

• the need for a central coordinating agency
• the identification and collection of traditional cultural expressions
• the protection of the rights of traditional artists
• the training of professionals and artists
• increased funding
• the encouragement of communities to preserve their own cultural heritage
• revitalization of the interest of youth in traditional culture in the face of the effects of mass media
• the recruitment and training of apprentices
• control of the negative effects of tourism

The country reports indicate genuine efforts towards the safeguarding of this heritage despite setbacks and difficulties. There is also evidence of genuine concern for safeguarding, even if this is not always understood by politicians.

Bamboo is one of the world’s oldest and most precious building materials. It has played a prominent role throughout
the tropical and sub-tropical belts of Asia, as well as in South America and Africa. In addition to its multiple uses in many aspects of life, its availability and ecological virtues, bamboo, like other sources of human inspiration, plays an important role in both oral and written traditions.
These traditions form a vital part of the cultural identity of the regions and peoples concerned, especially those in the
process of social and economic transition. To encourage the adaptation of bamboo’s traditional uses to contemporary
life, UNESCO organized this seminar in Ho Chi Minh City, Viet Nam.
A total of thirty-one participants (experts, representatives of research institutions, architects and observers) from some fifteen countries attended the seminar. They made concrete recommendations for governments of countries that produce and use bamboo, as well as for international organizations.

Japan Funds-in-Trust, $90,400

Documents

• Records of the General Conference, 29th session, Paris, 21 October to 12 November 1997, v. 1: Resolutions
  29 C/Resolutions + CORR.: English
• Records of the General Conference, twenty-ninth session, Paris, 21 October-12 November 1997, v. 2: Reports: Programme Commissions, Administrative Commission, Legal Committee
  29 C/Reports: English

The seminar was held in Mexico City in September 1997 with the following objectives, which were based on responses from questionnaires concerning the application of the Recommendation, submitted by eleven countries of the Latin American and Caribbean region. Experts from sixteen countries took part in the seminar:

• conducting a detailed analysis of the main aspects of traditional and popular culture in the region;
• setting up lines of action to allow ethnic groups and other communities fully to express their creativity and cultural identity;
• establishing cultural policy to promote traditional and popular culture in line with the Recommendation; and
• setting out general orientations and particular projects within a regional strategy of enlarged cooperation amongst states.

The seminar concluded the following:

• the importance of using democratic processes in the region for combining the safeguarding of traditional culture and folklore with the peaceful coexistence of peoples;
• the encouragement of community participation in such programs through processes of regional, municipal, and provincial decentralization; and
• recognition of the fact that the creators, bearers, and transmitters of, and specialists in diverse disciplines related to, these cultures are all essential to success.

The establishment of the Center for Popular Cultures of Latin America and the Caribbean in Mexico was confirmed with two sub-centers in South America and one in Central America. It was proposed that a meeting of the cultural authorities of the region be held in Bolivia in 1999 to discuss the conclusions of this regional seminar and the application of the Recommendation in the region.

The international consultation of experts on the preservation of cultural spaces took place in Marrakesh, Morocco, from 26 to 28 June 1997. It was organized by UNESCO in cooperation with the Moroccan National Commission for UNESCO. This consultation was part of the follow-up to the Recommendation on the Safeguarding of Traditional and Popular Culture (UNESCO, 1989) and to the work of Moroccan and international experts on expressions of popular culture in Marrakesh.

The objective of the consultation was:

1. to examine the interdisciplinary study conducted on Jamaa’el-Fna Square;
2. to solicit the opinion of experts on the prospect of launching a program on “the oral heritage of humanity”;
3. to propose appropriate procedures for the launching of such a program.

Documents

• Agenda: English|French
• List of participants: English
• The popular Arts of Marrakech: The Oral Tradition and Music in Jamaa- El-Fna, prepared under the auspices of the Moroccan National Commission for UNESCO: English|French
• Working Paper: A Proposed System to Honor “Cultural Spaces ” with Remarkable Intangible Heritage: English|French
• Intervention Sasson, Albert - Representative of the Director-General: French
• Intervention Gonçalves, Fernando Augusto: French
• Intervention Condominas, Georges: French
• Intervention Goytisolo, Juan: French
• Intervention Kouyate, Narmankoumba: French
• Intervention Lini, Walter: English
• Intervention Mato, Daniel - Learning from Venezuelan cultural spaces: English
• Intervention Mato, Daniel - Considerations for and suggestions of procedures for launching and implementation of a programme entitled “Declaration of the oral heritage of humanity”: English
• Intervention Naheed, Kishwar: English
• Intervention Jabre, Michel: French
• Recommendation: English|French
• Final report: English|French

In the 1970’s and 1980’s the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the World Intellectual Property Organization (WIPO) organized a series of meetings concerning the intellectual property protection of folklore, as a result of which the UNESCO-WIPO Committee of Governmental Experts on the Intellectual Property Aspects of the Protection of Expressions of Folklore adopted, in Geneva in July 1982, the Model Provisions for National Laws on the Protection of Expressions of Folklore Against Illicit Exploitation and Other Prejudicial Actions.

In addition, the General Conference of UNESCO adopted at its 25th Session in 1989, the Recommendation on the Safeguarding of Traditional Cultures and Folklore, providing for measures that may be taken by the States for the identification, conservation, preservation and dissemination of folklore, its protection and the development of international cooperation.

On the basis of the above-mentioned Model Provisions and Recommendation, a number of member States of UNESCO and WIPO - particularly, developing countries - have introduced legal, administrative and other measures for the preservation and protection of folklore.

During the joint sessions of the WIPO Committee of Experts on a Possible Protocol to the Berne Convention and the WIPO Committee of Experts on a Possible Instrument for the Protection of the Rights of Performers and Producers of Phonograms, held in Geneva in February 1996, the delegations of a number of developing countries proposed that the issues of the protection of expressions of folklore should be addressed again at the international level. As a result of the discussions that followed, the Committees unanimously recommended to the Governing Bodies of WIPO that provision should be made for the organization of an international forum in order to explore issues concerning the
preservation and protection of expressions of folklore, intellectual property aspects of folklore, and the harmonization of the different regional interests. After the adoption of the recommendation, it was stated by some delegations that, due to the subject matter of the proposed forum, the involvement of UNESCO would be desirable.

Both the Director General of WIPO and the representative of UNESCO who attended the said joint session of the Committees expressed readiness to cooperate in this matter, and, in June 1996, final agreement was reached between the two Organizations on the joint organization of the UNESCO-WIPO World Forum on the Protection of Folklore. At the invitation of the Government of Thailand, the World Forum was organized by UNESCO and WIPO in cooperation with the Department of Intellectual Property, Ministry of Commerce, Government of Thailand, in Phuket, Thailand, from Apri18 to 10, 1997.

Documents

• 1967, 1982, 1984: attempts to provide international protection for folklore by intellectual property rights
  UNESCO-WIPO/FOLK/PKT/97/19: English
• Economic exploitation of expressions of folklore: the European experience
  UNESCO-WIPO/FOLK/PKT/97/16: English
• Economic exploitation of expressions of folklore: the experience of the Americas
  UNESCO-WIPO/FOLK/PKT/97/14: English
• General information and preliminary programme
  UNESCO-WIPO/FOLK/PKT/97/INF/1: English
• International protection of expressions of folklore: UNESCO follow-up to the 1989 Recommendation on the Safeguarding of Traditional Culture and Folklore
  UNESCO-WIPO/FOLK/PKT/97/17: English
• La protection du folklore par le droit de la propriété industrielle et celui des obligations
  UNESCO-WIPO/FOLK/PKT/97/10: English
• Legal means of protection of expressions of folklore in national legislation: protection of the collection of expressions of folklore; the role of libraries and archives
  UNESCO-WIPO/FOLK/PKT/97/12: English
• Preservation and conservation of expressions of folklore: the experience of Africa
  UNESCO-WIPO/FOLK/PKT/97/1: English
• Preservation and conservation of expressions of folklore: the experience of North America
  UNESCO-WIPO/FOLK/PKT/97/6: English
• Preservation and conservation of expressions of folklore: the experience of the Pacific region
  UNESCO-WIPO/FOLK/PKT/97/4: English
• Programme
  UNESCO-WIPO/FOLK/PKT/97/INF/2: English
• Protection of those who make available and of those who collect expressions of folklore
  UNESCO-WIPO/FOLK/PKT/97/11: English
• Provisional list of participants
  UNESCO-WIPO/FOLK/PKT/97/INF/3 Prov.: English
• The experience of Asia and the Pacific Region
  UNESCO-WIPO/FOLK/PKT/97/15: English
• The experience of Latin America and the Caribbean region in the preservation and conservation of the expressions of folklore
  UNESCO-WIPO/FOLK/PKT/97/5: English
• The experience of Western Europe
  UNESCO-WIPO/FOLK/PKT/97/7: English
• UNESCO/WIPO World Forum on the Protection of Folklore, Phuket, Thailand, April 8 to 10, 1997
  CLT/CIC/98/1: English

As this meeting is strongly linked with some of ITH Section activities and that ITH Section contributed to the publication of the report, we included it here while it hasn’t been co-organized by the section. The presentation below has been extracted from the report.

The Intergovernmental Conference on Language Policies in Africa, which was held in Harare (Zimbabwe) from 17 - 21 March 1997, was the first meeting of its kind involving language specialists attending as governmental experts and doing the preparatory work for and advising relevant government ministers from their countries who were also attending the same conference. This conference has had far greater impact than any of the previous ones on language issues in Africa, partly because of this combination within official delegations at such a high level of representation from almost all the countries on the continent, and partly because the whole conference was well focussed on coming up with something concrete at the end of the day.

All African Member States of UNESCO were invited to the conference and altogether 51 out of 54 African countries attended as follows: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea Bissau, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritius, Mauritania, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tomé and Principe, Senegal, Seychelles, Sierra Leone, South Africa, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zaire, Zambia and Zimbabwe.

At the special invitation of UNESCO, India and Switzerland also sent delegates to the conference, while France, Germany and the United Kingdom sent official observers, as did five intergovernmental or international organisations (OAU, ACCT, AVA, British Council and UNESCO itself.).

The general aim of the Intergovernmental Conference on Language Policies in Africa (ICLPA) was to draw up strategies and define prospects for the political and technical management of the African linguistic context, with the main outcome expected being a mutually agreed reference ftamework to be used by each African state to set out a clear and comprehensive national language policy indicating precisely the statuses and functions of the languages in use and the measures proposed to implement that policy.

­Final report (English)

See also the dedicated page on African Languages on Göteborg University website.

Lacquerware originated in China approximately 3,000 years ago and spread to almost every country in east Asia. Its uses are broad, ranging from religious ritual abjects to architectural decoration, furniture, musical instruments and everyday utensils. Lacquer may be applied to a base material of wood, porcelain, bamboo, leather, paper, fabric, and even stone or metal. Although traditional techniques of lacquerware have been relatively well preserved in each country, it was thought necessary to bring the lacquerware masters of producing countries together to compare techniques and designs and to discuss common solutions for the future development of the lacquerware industry and its markets.
Twenty-two artisans and specialists from eleven countries, accompanied by a number of Myanmar artisans, participated in the workshop. An exhibition of lacquerware brought by the participating artisans was held during the
workshop. Participants also visited lacquerware workshops in Pagan and compared their respective techniques.

Japan Funds-in-trust, $76,840

As a follow up of this workshop, a publication has been made in the Memory of Peoples series in 2002.

At the request of the Vietnamese and Lao governments, UNESCO organized meetings in the respective countries. The main purpose of the meetings was to assist the Vietnamese and Lao authorities in establishing a national plan for safeguarding and promoting the intangible heritage of ethnic minorities. The population of these ethnic groups, of which there are fifty-four in Viet Nam and forty-seven in Lao PDR, is significant. In Lao PDR, for example, ethnic minorities account for almost half of the entire population, while in Viet Nam they represent approximately 10 % of the total population.

Following decades of war, at the beginning of the 1990s Viet Nam and the Lao People’s Democratic Republic re-opened to the world. An Assessment of the status of intangible cultural heritage of the ethnic minority groups is now timely and should play a significant role in the development of national cultural plans. This can be achieved by drawing on the knowledge of community members, practitioners, the experience of both international and national experts, and by developing and proposing joint projects to be carried out by national and international scientific and cultural institutions.

Fifty-eight participants (officials, experts, representatives of research institutions and private foundations and observers) from thirteen countries, together with their Vietnamese counterparts, attended the meeting in Viet Nam. Forty participants from nine countries and twenty Lao participants attended the meeting in Lao PDR. In addition to specialists on ethnic minorities, participants active in international or regional co-operation for safeguarding and promoting the intangible cultural heritage of minority groups in their own or other countries or communities also attended.

Funded jointly by the Japan Funds-in-Trust ($39,550), and the French Government ($8,000)

This was the first regional seminar on the application of the 1989 Recommendation and it was held in Strá nice in June 1995 on the basis of completed questionnaires submitted by twelve countries of the Central and Eastern European region. Experts from thirteen countries took part in the seminar.

The responses showed that, in the majority of countries in the region, preservation of traditional culture and folklore is not a priority in cultural policy although most Ministries of Culture support the work of professional institutions and civic associations in this area. Following the transformations in post-Communist states, all-round support for contemporary international mass culture emerged in reaction to the state’s previous support for folk cultures. Bodies active in protecting elements of traditional and folk culture face difficulties arising from the weak economies and ensuing lack of technical capacity in most post-Communist countries. In many states in the region, the 1989 Recommendation has become a significant instrument for the safeguarding of intangible cultural heritage.

Other issues highlighted in the seminar include the following:

• the importance of traditional and folk culture for safeguarding national identity;
• the overall lack of coordination between central authorities and institutions working towards the safeguarding of traditional culture and folklore, and the lack of coordinated supranational classification and typological systems in all countries;
• the absence of a unique system for folklore education at the primary level;
• the lack of finances to support the promotion, research, and dissemination of folklore;
• the need to develop infrastructures for disseminating folklore in public mass media;
• the lack of specific regulations concerning only and solely the folk artists; and
• the desire to intensify legal obligations for the safeguarding of traditional culture and folklore at the international level.

The Conference was organized jointly by the Ministry of Foreign Affairs of Japan, the Agency for Cultural Affairs of Japan and UNESCO with the following objectives:

• To convene a panel of experts on performing arts and crafts;
• To identify areas of intangible heritage in Asia and the Pacific requiring particular assistance for preservation and the necessary actions to do so, and;
• To expand the framework of international co-operation for the preservation of intangible cultural heritage in Asia and the Pacific.

Representatives and observers from thirteen Asian countries including Japan and observers from four countries attended the conference. Participants formulated concrete suggestions for regional co-operation, modes of action, a legal framework, training and priority activities to be undertaken, and discussed the role of governments in preserving and promoting intangible cultural heritage. They also addressed recommendations to UNESCO and the national governments regarding larger la structure de cooperation their roles in actively responding to the recommendations.

Please refer to the description provided here.

Please refer to the description provided here.

Documents

• Establishment of a system of “Living Cultural Properties” (Living Human Treasures) at UNESCO
  172 EX/18: English

The purpose of this consultation was to advise the Organization on future directions and the orientation of the medium-term strategy (1996-2001) and on its programme for safeguarding and enhancing intangible cultural heritage. Eighty-one participants, including experts, representatives of research institutions and private foundations, as well as observers from some thirty countries, attended the meeting.

The following new objectives were submitted to UNESCO regarding its action in the field of intangible cultural heritage:

• UNESCO’s role should be that of a catalyst, coordinator and creator of awareness of the need to safeguard intangible cultural heritage;
• UNESCO’s action and priority: the Organization proposed that:
  -Short-term priority be given to the performing arts, oral traditions, languages and traditional skills; and
  - Long-term priority be given to the revitalization of intangible cultural heritage for transmission to future generations;
• Principle of intervention: emphasis was placed on the need to create regional and inter-regional networks of specialized institutions to coordinate actions, promote international collaboration and the exchange of information and experience;
• Modes of action recommended for UNESCO to ensure the revitalization and transmission of this heritage include the organization of training sessions for safeguarding and promoting intangible heritage, the publication of oral traditions in local and contact languages and the official recognition of leading specialists, including practitioners, of intangible cultural heritage.

Final report (English)

Documents

• Initial special reports by Member States on the implementation of the Convention on Technical and Vocational Education; Initial special reports by Member States on the implementation of the Recommendation on the Safeguarding of Traditional Culture and Folklore
  26 C/31: English
• Initial special reports by Member States on the implementation of the Recommandation on the Safeguarding of Traditional Culture and Folklore
  26 C/30: English

Documents

• Draft Recommendation to Member States on the Safeguarding of Folklore
  25 C/33: English
• Recommendation on the Safeguarding of Traditional Culture and Folklore; adopted by the General Conference at its twenty-fifth session, Paris, 15 November 1989: English
• Records of the General Conference, 25th session, Paris, 17 October to 16 November 1989, v. 1: Resolutions
  25 C/Resolutions + CORR. in fre, spa: English

Documents

• Draft Recommendation to Member States on the Safeguarding of Folklore
  CC/CPY/CSP.89/CONF.206/CR; CPY.89/CONF.206/COL.3: English
• First draft of a Recommendation on the Safeguarding of Folklore: Final report prepared in accordance with Article 10(3) of the Rules of Procedure concerning recommendations to Member States and international conventions covered by the terms of Article IV, Paragraph 4, of the Constitution
  CC/MD/8 + ADD. 1: English

Documents

• Decisions adopted by the Executive Board at its 130th session, Paris, 13 October-9 November 1988
  130 EX/Decisions: English
• Invitations to the meeting of the Special Committee of Governmental Experts to Prepare a Draft Recommendation to Member States on the Safeguarding of Folklore
  130 EX/13: English

Documents

• Desirability of adopting a general international instrument on the safeguarding of folklore
  24 C/31+ADD.: English
• Records of the General Conference, 24th session, Paris, 20 October to 20 November 1987, v. 1: Resolutions
  24 C/Resolutions + CORR. in eng, fre: English

Documents

• Consideration of the problems raised by the need to inventory, collect and study the non-physical heritage
  CC.87/CONF.609/3; CC.87/CONF.609/COL.8: English
• Ethnolinguistic method for the development of a typology of the non-physical heritage
  CC.87/CONF.609/5; CC.87/CONF.609/COL.3: English
• Final report
  CC.87/CONF.609/COL.1: English
• For a strategy to safeguard the non-physical heritage; vision from the African horizon
  CLT/NPH.87/CONF.609; CC.87/CONF.609/COL.2; CC.87/C: English
• Towards the development of a typology for the non-physical heritage
  CLT/NPH.87/CONF.609; CC.87/CONF.609/COL.1; CC.87/C: English

In pursuance of Resolution 15.3 adopted by the General Conference of Unesco at its twenty-third session (Sofia, October-November 1985) and in accordance with paragraph 15109 of the Work Plan relating to that resolution, the Director-General of Unesco convened a Special Committee of Technical and Legal Experts on the Safeguarding of Folklore, which met at Unesco Headquarters from 1 to 5 June 1987.

The Special Committee was charged with the responsibility to prepare draft international regulations in the afore-mentioned field in order to examine the measures to be taken with a view to guaranteeing, within the framework of a global approach and on an interdisciplinary basis, the safeguarding of folklore. It recommended that an international regulation in the form of a recommendation may be adopted to regulate the safeguarding of folklore and adopted a
draft of such a recommendation.

Documents

• General regulation for the safeguarding of folklore
  IGC(1971)/VII/19; CPY.87/CONF.002/COL.11: English

Documents

• Consideration of the solutions to the problems raised by the safeguarding of folklore in the light of the studies submitted by P. Sammy-Macfoy and L. Honko
  UNESCO/PRS/CLT/TPC/SPL/5; CPY.87/CONF.208/COL.4: English
• Draft report
  UNESCO/PRS/CLT/TPC/SPL/6 PROV.; CPY.87/CONF.208/CO: English
• Possibilities of international cooperation and regulation on the safeguarding of folklore
  UNESCO/PRS/CLT/TPC/SPL/4; CPY.87/CONF.208/COL.2: English
• Provisional rules of procedure
  UNESCO/PRS/CLT/TPC/SPL/2 PROV.; CPY.87/CONF.208/CO: English
• Report
  UNESCO/PRS/CLT/TPC/SPL/6: English
• Social, economic and political implications of the safeguarding of folklore in developing countries
  UNESCO/PRS/CLT/TPC/SPL/3; CPY.87/CONF.208/COL.1: English

Documents

• Decisions adopted by the Executive Board at its 124th session, Paris, 7-23 May 1986
  124 EX/Decisions: English
• Invitations to the Meeting of the Special Committee of Governmental Experts to Examine the Question of Preparing a Draft Recommendation for the Protection of Folklore
  124 EX/21: English

Documents

• Desirability of adopting an international instrument on the safeguarding of folklore
  23 C/32: English
• Records of the General Conference, 23rd session, Sofia, 8 October to 9 November 1985, v. 1: Resolutions
  23 C/Resolutions + CORR.: English

In pursuance of decision 5.6.2 adopted by the Executive Board of Unesco at its 116th Session (Spring 1983), a decision of which the General Conference took note at its twenty-second session (October 1983), the Director-General convened the Second Committee of Governmental Experts on the Safeguarding of Folklore at Unesco Headquarters from 14 to 18 January 1985.

The Committee, whose terms of reference were to carry out a thorough study of the possible range and scope of general regulations concerning the safeguarding of folklore, analysed the various aspects involved in the safeguarding of folklore and adopted certain possible solutions as the conclusions of its proceedings.

The Committee also discussed the nature of the instrument that might be drawn up, should the General Conference of Unesco decide that the adoption of such an instrument was advisable, and the role that Unesco might play in facilitating the safeguarding of folklore.

With regard to the nature of possible international regulations, the Committee was of the opinion that these should not take the form of an international convention. On the other hand, there was unanimous agreement that they might take the form of an international recommendation, this being a flexible instrument whereby the General Conference formulates principles that it invites Member States to adopt in the form of a national law or in some other way.

Documents

• General regulation for the safeguarding of folklore
  IGC(1971)/VI/19; CPY.85/CONF.002/COL.9: English
• Protection of expressions of folklore, pt. I: present status of the work in progress at the regional level
  IGC(1971)/VI/12(Part I); B/EC/XXIV/11 (Part I); CP: English
• Protection of expressions of folklore: report of the Group of Experts on the International Protection of Expressions of Folklore by Intellectual Property
  IGC(1971)/VI/12/Part II; CPY.85/CONF.002/COL.5; B/: English

Documents

• Decisions adopted by the Executive Board at its 121st session, Paris, 9 May-21 June 1985
  121 EX/Decisions + CORR: English
• Report on the proceedings of the second Committee of Governmental Experts on the Safeguarding of Folklore and on the joint Unesco-WIPO activities concerning the possible adoption of specific international regulations regarding ‘intellectual property’ aspects of the protection of folklore
  121 EX/18: English

This Second Committee of Governmental Experts was convened by the Director-General in pursuance of decision 5.6.2 adopted by the Executive Board at its 116th session, a decision of which the General Conference took note at its twenty-second session. The aim of this meeting was to carry out a thorough study of the possible range and scope of general international regulations concerning the safeguarding of folklore. Representatives from 41 Member States participated in the proceedings, and experts from six Member States and from two non-Member States attended the meeting in the capacity of observers.

During this meeting, the need to identify, preserve and protect folklore from the risks of being forgotten, distorted, impaired, caricatured or pillaged, since folklore is an integral part of the heritage, and of the cultural identity of the various peoples, was recognized by a wide majority. Several delegations stressed the value of the safeguarding of folklore and its importance for certain States.

Reference was made on several occasions to the threatened loss and disappearance of certain elements of folklore, particularly in the face of modem communication technologies which facilitate the importation of foreign cultures, thus replacing local cultural traditions and promoting the hegemony of imported cultures.

Most delegations underscored the need for an international instrument of some description for the preservation of folklore. Some delegations, however, expressed reservations as to the advisability of adopting a legally binding instrument. It was stated that although it would be premature to adopt an international instrument at that stage, that was the ultimate goal, while attention was also drawn to the prime importance of taking measures at national, rather than international, level.

Documents

• Report
  PRS/CLT/TPC/II/5; CPY.85/CONF.201/COL.7: English
• Solutions to the problems raised by the safeguarding of folklore as proposed by the Committee of Governmental Experts
  PRS/CLT/TPC/II/4; CPY.85/CONF.201/COL.5: English
• Study of the possible range and scope of general regulations concerning the safeguarding of folklore
  PRS/CLT/TPC/II/3; CPY.85/CONF.201/COL.1: English

A ‘Group of Experts on the International Protection of Expressions of Folklore by Intellectual Property,’ convened jointly by the Secretariat of Unesco and the International Bureau of WIPO in accordance with the decisions adopted by the General Conference of Unesco at its twenty-second session (October-November, 1983) and the Governing Bodies of WIPO at their fourteenth series of meetings in October 1983, met at Unesco Headquarters in Paris from 10 to 14 December 1984.

The Group of Experts, which was asked to consider the need for a specific international regulation on the international protection of expressions of folklore by intellectual property and the contents of an appropriate draft, deliberated upon that need and discussed, article by article, the draft treaty, formulated and presented by the Secretariats for consideration of the Group of Experts.

In conclusion, the Group of Experts noted that the Secretariats shall further explore various aspects of a treaty for the intellectual property type protection of expressions of folklore and shall prepare a revised text, in the light of the observations made, and the advice given by the participants, also considering possible alternative means of implementing the protection. The Secretariats shall communicate this report to the Executive Committee of the Berne Union and to the Intergovernmental Committee of the Universal Copyright Convention, and shall report on the present meeting to the respective governing bodies of Unesco and WIPO.

Documents

• Communication from the Federal Republic of Germany
  Unesco/WIPO/FOLK/GEI.1/3; CPY.84/CONF.604/COL.3: English
• Report
  UNESCO/WIPO/FOLK/GEI.1/4; CPY.84/CONF.604/COL.4: English

The Meeting of Experts to draw up a future programme of the Non-Physical Heritage was convened by the Director-General of Unesco, on the advice of the Member States in order to discuss the plans for the recently created subprogramme on Non-Physical Heritage. The purpose of the Meeting was to give shape to current concerns of Member States on inventorying, collecting, studying promoting and, above all, protecting the world’s Non-Physical Heritage from erosion and distortion. The Meeting took place from 28 to 30 November 1984 at Unesco’s Headquarters in Paris. The task of the Meeting was to adopt a working definition of Non-Physical Heritage or popular cultural traditions, to discuss methodologies for inventorying, collection and safeguarding and to establish an order of priority for future Unesco actions in this important area.

Documents

• Final report
  CLT-84/CONF.603: English
• The world’s non-physical heritage
  CLT.84/CONF.603; CLT.84/CONF.603/COL.1: English

In pursuance of Resolution 15.1 adopted by the General Conference of Unesco at its twenty-second session and the decision taken by the Governing Bodies of WIPO at the fourteenth series of their meetings in 1983, the Directors General of Unesco and WIPO convened a Regional Committee of Experts on Means of Implementation in the Arab States of Model Provisions on Intellectual Property Aspects of Protection of Expressions of Folklore which met, at the invitation of the Government of Qatar, in Doha from October 8 to 10, 1984.

The purpose of the meeting was to consider the text of the Model Provisions for National Laws on the Protection of Expressions of Folklore Against Illicit Exploitation and Other Prejudicial Actions, adopted by the Committee of Governmental Experts convened by the Directors General of Unesco and WIPO in Geneva from June 28 to July 2, 1982, and to make suggestions on the means of implementation of the said text in the Arab States.

Experts from seven Arab countries (Algeria, Egypt, Jordan, Kuwait, Lebanon, Qatar, Saudi Arabia) participated in the meeting. Two intergovernmental organizations, the Arab Educational, Cultural and Scientific Organization (ALECSO) and the Arab Bureau of Education for the Gulf States were represented in an observer capacity.

Documents

• Agenda
  UNESCO/WIPO/FOLK/AR/1: English
• Draft report
  UNESCO/WIPO/FOLK/AR/3: English
• Model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other prejudicial actions, with a commentary
  UNESCO/WIPO/FOLK/AR/2: English
• Report
  UNESCO/WIPO/FOLK/AR/4: English

Documents

• Decisions adopted by the Executive Board at its 119th session, Paris, 9-24 May 1984
  119 EX/Decisions: English
• Invitations to the meeting of the second Committee of Governmental Experts on the Safeguarding of Folklore
  119 EX/13: English

The Working Group on the Intellectual Property Aspects of Folklore Protection that had met in Geneva from 7 to 9 January 1980 had recommended that both Secretariats endeavour to inventory possible ways and means of protecting folklore at the regional level.

In order to give effect to that recommendation, and in accordance with the approved programmes and budgets of Unesco and WIPO for 1981-1983 and 1982-1983 respectively, these two organizations convened three Committees of Experts on the means of implementation at the regional level of model provisions of national legislation on the intellectual property aspects of folklore protection.

These regional Committees of Experts met in Bogotá (14 to 16 October 1981), New Delhi (31 January to 2 February 1983) and Dakar (23 to 25 February 1983).

Their reports were presented to the Intergovernmental Committee of the Universal Copyright Convention at this meeting.

Documents

• Model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other prejudicial actions, with a commentary
  IGC(1971)/V/14; B/EC/XXII/14: soon available
• Protection of folklore: present status of the work in progress at the international level and on an interdisciplinary basis designed to safeguard the existence and development of folklore and to protect it against risk of distortion
  IGC(1971)/V/16: English
• Protection of folklore: present status of the work in progress at the regional level
  IGC(1971)/V/15; B/EC/XXII/15; Unesco/OMPI/FOLK/LAC: English

The Director-General reports to the General Conference on the work carried out by the Secretariat in pursuance of 21 C/Resolution 5/03, adopted by the Conference at its last session, and informs it of the decisions taken by the Executive Board on this subject.

Documents

• Records of the General Conference, 22nd session, Paris, 25 October to 26 November 1983, v. 1: Resolutions
  22 C/Resolutions + CORR.: English
• Safeguarding of Folklore: Report by the Director-General
  22 C/28: English

Pursuant to resolution 5/03 adopted by the General Conference at its twenty-first session, the Director-General submits to the Executive Board, in accordance with Article 3 of the Rules of Procedure concerning Recommendations to Member States and 1nternational Conventions covered by the terms of Article IV, paragraph 4, of the Constitution, a preliminary study on the technical and legal aspects of the safeguarding of folklore, so that the Board may decide whether the question should be Included in the provisional agenda of the twenty-second session of the General Conference.

Documents

• Decisions adopted by the Executive Board at its 116th session, Paris, 25 May-29 June 1983
  116 EX/Decisions: English
• Preliminary study on the technical and legal aspects of the safeguarding of folklore
  116 EX/26: English

The Working Group on the Intellectual Property Aspects of Folklore Protection that had met in Geneva from 7 to 9 January 1980 had recommended that both Secretariats endeavour to inventory possible ways and means of protecting folklore at the regional level.
In order to give effect to that recommendation, and in accordance with the approved programmes and budgets of Unesco and WIPO for 1981-1983 and 1982-1983 respectively, these two organizations convened three Committees of Experts on the means of implementation at the regional level of model provisions of national legislation on the intellectual property aspects of folklore protection.
These regional Committees of Experts met in Bogotá (14 to 16 October 1981), New Delhi (31 January to 2 February 1983) and Dakar (23 to 25 February 1983).
The Dakar Committee of Experts stressed the value of elaborating an international instrument for the protection of expressions of folklore against illicit exploitation and other prejudicial actions,
The three Committees also formulated a number of suggestions with a view to implementing in each of the three regions considered the ‘Model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other prejudicial actions’.

Documents

• Agenda
  UNESCO/WIPO/FOLK/AFR/1: English
• Draft report
  UNESCO/WIPO/FOLK/AFR/3: English
• Model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other prejudicial actions, with a commentary
  UNESCO/WIPO/FOLK/AFR/2: English
• Report
  UNESCO/WIPO/FOLK/AFR/4: English

The Working Group on the Intellectual Property Aspects of Folklore Protection that had met in Geneva from 7 to 9 January 1980 had recommended that both Secretariats endeavour to inventory possible ways and means of protecting folklore at the regional level.
In order to give effect to that recommendation, and in accordance with the approved programmes and budgets of Unesco and WIPO for 1981-1983 and 1982-1983 respectively, these two organizations convened three Committees of Experts on the means of implementation at the regional level of model provisions of national legislation on the intellectual property aspects of folklore protection.
These regional Committees of Experts met in Bogotá (14 to 16 October 1981), New Delhi (31 January to 2 February 1983) and Dakar (23 to 25 February 1983).
The Committee of Experts that met in New Delhi expressed the unanimous view that the protection of folklore against illicit exploitation and other prejudicial actions should be provided through an international agreement on the protection of expressions of folklore.
The three Committees also formulated a number of suggestions with a view to implementing in each of the three regions considered the ‘Model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other prejudicial actions’.

Documents

• Agenda
  UNESCO/WIPO/FOLK/ASIA/1: English
• Draft report
  UNESCO/WIPO/FOLK/ASIA/4: English
• Model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other prejudicial actions, with a commentary
  UNESCO/WIPO/FOLK/ASIA/2: English
• Report
  UNESCO/WIPO/FOLK/ASIA/5: English

Under the terms of resolution 5/03 adopted by the General Conference at its twenty-first session, the Director-General was invited to prepare a preliminary study on the technical and legal aspects of the safeguarding of folklore with a view to the possible regulation of the matter on en international basis.

The Work Plan relating to that resolution envisaged the following procedure: ‘Two committees of governmental experts (category II) will be convened. The first will be held at Headquarters in 1981, with a view to defining measures to safeguard the existence, development and authenticity of folklore and traditional popular culture and to protect them against the risk of distortion; the second, preceded by a committee meeting (category VI), will be organized jointly with WIPO in 1982 and will be responsible for drawing up proposals for regulating the ‘intellectual property’ aspects of the protection of folklore and traditional popular culture. Three working groups will be convened jointly with WIPO in 1981, 1982 and 1983, in Latin America and the Caribbean, Africa, and Asia and the Pacific respectively, to seek means of applying such regulations at the regional level, taking account of the characteristics of this cultural heritage in each region as factors in identifying an ethnic group or a national community. In the light of the findings of the 1981 and 1982 committees of governmental experts, and in pursuance of 21 C/Resolution 5/03, a preliminary study will be made for submission to the Executive Board in 1983, and possibly to the General Conference at its twenty-second session, to enable it to decide whether it would be advisable to adopt a recommendation to Member States on this question’.

The two committees of governmental experts provided for in the Work Plan of 21 C/Resolution 5/03 were convened from 22 to 26 February 1982 and from 28 June to 2 July 1982 at the Headquarters of Unesco and WIPO respectively. The different aspects of the safeguarding of folklore were examined at these meetings with a view to identifying the areas to be covered by a possible international instrument.

Documents

Under the terms of resolution 5/03 adopted by the General Conference at its twenty-first session, the Director-General was invited to prepare a preliminary study on the technical and legal aspects of the safeguarding of folklore with a view to the possible regulation of the matter on en international basis.

The Work Plan relating to that resolution envisaged the following procedure: ‘Two committees of governmental experts (category II) will be convened. The first will be held at Headquarters in 1981, with a view to defining measures to safeguard the existence, development and authenticity of folklore and traditional popular culture and to protect them against the risk of distortion; the second, preceded by a committee meeting (category VI), will be organized jointly with WIPO in 1982 and will be responsible for drawing up proposals for regulating the ‘intellectual property’ aspects of the protection of folklore and traditional popular culture. Three working groups will be convened jointly with WIPO in 1981, 1982 and 1983, in Latin America and the Caribbean, Africa, and Asia and the Pacific respectively, to seek means of applying such regulations at the regional level, taking account of the characteristics of this cultural heritage in each region as factors in identifying an ethnic group or a national community. In the light of the findings of the 1981 and 1982 committees of governmental experts, and in pursuance of 21 C/Resolution 5/03, a preliminary study will be made for submission to the Executive Board in 1983, and possibly to the General Conference at its twenty-second session, to enable it to decide whether it would be advisable to adopt a recommendation to Member States on this question’.

The two committees of governmental experts provided for in the Work Plan of 21 C/Resolution 5/03 were convened from 22 to 26 February 1982 and from 28 June to 2 July 1982 at the Headquarters of Unesco and WIPO respectively. The different aspects of the safeguarding of folklore were examined at these meetings with a view to identifying the areas to be covered by a possible international instrument.

Documents

• Report
  CPY/TPC/I/4; CPY.82/CONF.202/COL.7: English
• Study of the measures for preserving folklore and traditional popular culture
  CPY/TPC/I/3; CPY.82/CONF.202/COL.1 + Add.: English

Pursuant to the deliberations of the Executive Committee of the International Union for the Protection of Literary and Artistic Works (Berne Union) and the Intergovernmental Committee of the Universal Copyright Convention at their sessions from 5 to 9 February 1979 and to the decisions of the respective governing bodies of Unesco and WIPO, the Secretariat of Unesco and the International Bureau of WIPO convened a Working Group on the Intellectual Property Aspects of Folklore Protection, which met in Geneva from 7 to 9 January 1980, to study a draft of model provisions intended for national legislation as well as international measures for the protection of works of folklore.

In conclusion, this working group recommended, in respect of the said model provisions, that a revised draft of model provisions for national laws on the above subject and commentary thereon should be prepared by the two Secretariats and presented for further consideration at a subsequent meeting. The Secretariat of Unesco and the International Bureau of WIPO prepared the said revised text and commentary thereon and jointly convened the second meeting of the Working Group on the Intellectual-Property Aspects of Folklore Protection, composed of the same group of experts, for consideration of the same. This second meeting of the aforementioned working group was held at Paris from 9 to 13 February 1981. The working group adopted the model provisions for national laws on the protection of expressions of folklore which, along with the commentary thereon to be revised by the two Secretariats, will be presented for further consideration at the meeting of governmental experts to be convened jointly by Unesco and WIPO from 28 June to 2 July 1982.

Documents

• Protection of folklore: working groups on the intellectual property aspects of folklore protection
  B/EC/XIX/14; IGC(1971)/IV/17; CPY.81/CONF.003/COL.: English

The Working Group on the Intellectual Property Aspects of Folklore Protection that had met in Geneva from 7 to 9 January 1980 had recommended that both Secretariats endeavour to inventory possible ways and means of protecting folklore at the regional level.

In order to give effect to that recommendation, and in accordance with the approved programmes and budgets of Unesco and WIPO for 1981-1983 and 1982-1983 respectively, these two organizations convened three Committees of Experts on the means of implementation at the regional level of model provisions of national legislation on the intellectual property aspects of folklore protection.

These regional Committees of Experts met in Bogotá (14 to 16 October 1981), New Delhi (31 January to 2 February 1983) and Dakar (23 to 25 February 1983).

The Committee of Experts that met in Bogotá highlighted in particular the following points: (i) Special emphasis should be place on the protection of folklore by means of an international instrument in addition to the adoption of model national legislative provisions; (ii) the fact that expressions of folklore do not correspond to the geographical frontiers of the nations concerned should be taken into account.

The three Committees also formulated a number of suggestions with a view to implementing in each of the three regions considered the ‘Model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other prejudicial actions’.

Documents

• Agenda
  UNESCO/OMPI/FOLK/LAC/1: English
• Model provisions for national laws on the protection of expressions of folklore
  UNESCO/OMPI/FOLK/LAC/2: English
• Report
  UNESCO/OMPI/FOLK/LAC/3: English

Documents

• Decisions adopted by the Executive Board at its 113th session, Paris, 15 September-2 October 1981
  113 EX/Decisions + CORR: English
• Invitations to the Meeting of the Committee of Governmental Experts on the Intellectual Property Aspects of the Protection of Folklore
  113 EX/16: English

Documents

• Decisions adopted by the Executive Board at its 112th session, Paris, 13-27 May 1981
  112 EX/Decisions: English
• Invitations to the Meeting of the Committee of Governmental Experts on the Safeguarding of Folklore
  112 EX/11: English

Pursuant to the deliberation of the Executive Committee of the International Union for the Protection of Literary and Artistic Works (Berne Union) and the Intergovernmental Committee of the Universal Copyright Convention at their sessions from 5 to 9 February 1979 and to the decisions of the respective governing bodies of Unesco and WIPO, the Secretariat of Unesco and the International Bureau of WIPO convened a Working Group on the Intellectual Property Aspects of Folklore Protection which met in Geneva from 7 to 9 January 1980 to study a draft of Model Provisions intended for national legislation as well as international measures for the protection of works of folklore. In conclusion, this Working Group recommended, in respect of the said Model Provisions that a revised draft of Model Provisions for National Laws on the above subject and commentary thereon should be prepared by the two Secretariats and presented for further consideration at a subsequent meeting.

Accordingly, the Secretariat of Unesco and the International Bureau of WIPO prepared the relevant texts and jointly convened the second meeting of the Working Group on the Intellectual Property Aspects of Folklore Protection composed of the same group of experts from nineteen countries for consideration of the same. This second meeting of the Working Group was held at Unesco Headquarters at Paris from 9 to 13 February 1981. Seventeen of the nineteen experts invited, participated in the meeting in their personal capacity.

The documentation available to the Working Group consisted of the “Revised Model Provisions for National Laws on the Protection of Expressions of Folklore (document: UNESCO/WIPO/WG.II/FOLK/2) and Commentary on the said Revised Model Provisions (document: UNESCO/WIPO/WG.II/FOLK/3) prepared by the Secretariat of Unesco and the International Bureau of WIPO.

Documents

• Agenda
  UNESCO/WIPO/WG.II/FOLK/1: English
• Commentary on the revised model provisions for national laws on the protection of expressions of folklore
  UNESCO/WIPO/WG.II/FOLK/3: English
• Draft report
  UNESCO/WIPO/WG.II/FOLK/4 Prov.: soon available
• Draft section 2 (former section 1)
  UNESCO/WIPO/WG.II/FOLK/DR.1: English
• Draft section 3 (former section 2)
  UNESCO/WIPO/WG.II/FOLK/DR.2: English
• Draft section 3 (former section 2)
  UNESCO/WIPO/WG.II/FOLK/DR.4: English
• Draft section 6 (former section 5)
  UNESCO/WIPO/WG.II/FOLK/DR.3: English
• List of participants
  UNESCO/WIPO/WG.II/FOLK/INF.1: English
• Report
  UNESCO/WIPO/WG.II/FOLK/4: English
• Revised model provisions for national laws on the protection of expressions of folklore
  UNESCO/WIPO/WG.II/FOLK/2: English

Documents

• Records of the General Conference, 21st session, Belgrade, 23 September to 28 October 1980, v. 1: Resolutions
  21 C/Resolutions: English

In accordance with the deliberations of the Executive Committee of the International Union for the Protection of Literary and Artistic Works (Berne Union) and the Intergovernmental Committee of the Universal Copyright Convention at their sessions held from February 5 to 9, 1979, and to the decisions of the respective Governing Bodies of Unesco and WIPO, the Secretariat of Unesco and the International Bureau of WIPO convened the Working Group to study a draft of model provisions intended for national legislation as well as international measures for the protection of works of folklore. The Working Group was attended by experts from 16 countries invited in a personal capacity by the Directors General of Unesco and WIPO. The meeting was also attended by representatives of two intergovernmental and seven international non-governmental organizations as observers.

The documentation available to the Working Group consisted of documents prepared by the International Bureau of WIPO containing Model Provisions for National Laws on the Protection of Creations of Folklore and the Commentary on these model provisions (documents UNESCO/WIPO/WG.I/FOLK 2 and 2 Add.) as well as of a document prepared by the Secretariat of Unesco, with the assistance of Professor Jean Carbonnier, containing a Study on the International Regulation of Intellectual Property Aspects of Folklore Protection (document UNESCO/WIPO/WG.I/FOLK 3).

Documents

• Agenda
  UNESCO/OMPI/WG.1/FOLK/1: English
• Draft report
  UNESCO/WIPO/WG.1/FOLK/4: English
• Model provisions for national laws on the protection of creations of folklore
  UNESCO/WIPO/WG.1/FOLK/2 + ADD.: English
• Provisional list of participants
  UNESCO/WIPO/WG.1/FOLK/Inf.1/Rev.: English
• Report
  UNESCO/WIPO/WG.1/FOLK/5: English
• Study of the international regulation of the intellectual property aspects of folklore protection
  UNESCO/WIPO/WG.1/FOLK/3; CPY.80/CONF.604/COL.1: English

The Executive Committee of the Berne Union and the Intergovernmental Committee of the Universal Copyright Convention, at their sessions in November-December 1977, examined the exhaustive study of the implications of the protection of folklore, prepared by the secretariat of Unesco in pursuance of the recommendations made by the Committees at their 1975 sessions (document B/EC/XII/13- IGC (l971)/II/17).

Following this examination, the Committees decided that “studies on this subject should be pursued by the Unesco Secretariat on an interdisciplinary basis within the framework of an overall approach, but that WIPO should be associated in the examination of any copyright aspects involved. Moreover, WIPO should inquire into the extent to which regulations governing industrial property (unfair competition, appelation of origin, etc.) might be used”. The Committees, while recognizing that their competence was limited to matters of copyright, also decided that “in so far as copyright could enter into the solution of the problems, they should continue to consider” the question of the protection of folklore.

The Director-General of UNESCO set up an intersectoral unit within the Organization to study all the problems raised by the protection of folklore. Furthermore, and in pursuance of the decisions taken by their respective governing bodies, it was planned that during 1979, the Secretariat of UNESCO and the International Bureau of WIPO will undertake a joint study of the possible copyright aspects of the protection of folklore.

Documents

• Protection of folklore
  IGC(1971)/III/17; B/EC/XIV/15; CPY.79/CONF.001/COL: English
• Report on the first part of the third session of the Committee
  IGC(1971)/III/19; CPY.79/CONF.001/COL.17: English

At their sessions held in December 1975, the Intergovernmental Copyright Committee and the Executive Committee of the Berne Union requested the Secretariat of Unesco to carry out an exhaustive study of all the aspects involved in the protection of folklore. Given the links with copyright that such protection may have, the Committees further decided to include this matter on the agenda of their present session.

To carry out this study, and in accordance with resolution 6.121 adopted by the General Conference of Unesco at its nineteenth session, a Committee of Experts on the Legal Protection of Folklore was convened by the Director-General of Unesco. Composed of folklore specialists and legal experts, invited in their personal capacity by the Director-General, it met in Tunis from 11 to 15 July at the kind invitation of the Tunisian Government.

The documents provided for the Committee of Experts included a study of the various aspects involved in the protection of folklore. This study is included as Appendix 1 to the present document. The Report of the Committee of Experts which met in Tunis appears as Appendix 2. The Committee of Experts further requested its Rapporteur to draw conclusions from the discussions (paragraph 45 of the Committee’s Report) and these are to be found in Appendix 3 to this document.

Documents

• Protection of folklore
  IGC(1971)/II/17; LA.77/CONF.603/COL.4: English
• Report
  IGC(1971)/ll/20; LA.77/CONF.002/COL.16: English

The question of the protection of folklore at the international level was placed by the Director-General of Unesco on the agenda of the Intergovernmental Copyright Committee established under Article XI of the Universal Copyright Convention, in response to a memorandum he had received in 1973 from the Government of Bolivia requesting that the possibility of preparing an international instrument for the protection of folklore be examined.

At the conclusion of its discussion on this subject, at its session held in December 1973, the Intergovernmental Committee decided to entrust the Unesco Secretariat with the task of studying the problem and reporting thereon to the Intergovernmental Committee and the Executive Committee of the International Union for the Protection of Literary and Artistic Works at their next sessions.

Pursuant to this decision, the Unesco Secretariat submitted to the Intergovernmental Copyright Committee and the Executive Committee of the Berne Union at their sessions in December 1975 a study on the desirability of providing protection for folklore at the international level. The attention of the Committees was drawn to the fact that the first stages in devising a system of protection for folklore were, on the one hand, the examination in depth of the actual concept of folklore, in order to work out a definition of this part of the cultural heritage of nations, and, on the other hand the identification of the characteristic elements constituting each of the categories coming under the heading of “folklore”. As for protection itself, which the Committees considered necessary, essential and urgent, it was recognized that a distinction should be drawn between the material protection of this heritage, that is to say its conservation, and the legal protection to be afforded with a view to preserving it and regulating its exploitation.

In the light of their discussions, the Committees expressed the view that this was basically a cultural problem, which went beyond the specific field of copyright, and hence beyond their sphere of competence. They accordingly requested Unesco to carry out an exhaustive study of all the questions inherent in the protection of folklore and decided, in view of the links that such protection could have with copyright, to include this item on the agenda of their next sessions.

Documents

• Study of the various aspects involved in the protection of folklore
  FOLK/I/3; LA.77/CONF.603/COL.3: English

The Director-General of Unesco transmitted to the Intergovernmental Copyright Committee of the Universal Convention adopted in 1952, at its twelfth ordinary session (Paris, December 1973), the communication which he had received on 22 May 1973 from the Ministry of Foreign Affairs and Religion of the Republic of Bolivia (No. D.G.O.I.1006-79) together with an explanatory memorandum, proposing that the possibility of establishing an international instrument for the protection of the folk arts and cultural heritage of the various nations of the world should be examined at the international level (document IGC/XII/12).

At the close of its consideration of this subject, the Intergovernmental Copyright Committee decided to entrust the Unesco Secretariat with the task of studying this problem and reporting thereon to the Committee and to the Executive Committee of the Berne Union at their forthcoming sessions (see Report of the twelfth ordinary session of the Intergovernmental Copyright Committee, document IGC/XII/17, paragraph 103).

Pursuant to that decision, the Secretariat of Unesco submits to the Intergovernmental Copyright Committee and the Executive Committee of the Berne Union, in an annex to this report, a study on the desirability of providing protection for folklore at the international level.

Documents

• Consideration of the possiblility of establishing an international instrument for the protection of folklore
  B/EC/IX/11; IGC/XR.1/1971/15; LA.75/CONF.002/COL.6: English
• Report
  IGC/XR.1/1971/17; LA.75/CONF.002/COL.16: English

On 22 May 1973 the Director-General of Unesco received from the Ministry of Foreign Affairs and Religion of the Republic of Bolivia a communication (No. D. G.O.I/1006-79 dated 24 April 1973) accompanied by a supporting memorandum proposing that consideration be given at the international level to a special Instrument for the protection of the folk arts and cultural heritage of the various nations of the world.

The Intergovernmental Copyright Convention is invited to review this matter in the light not only of the proposals embodied in the annexed communication from the Govemment of Bolivia, but also of the results of the Committee of Experts Charged with Drafting a Model Law on Copyright for Developing Countries in Africa (document IGC/XII/6).

Documents

• Proposal for international instrument for the protection of folklore
  IGC/XII/12; LA.73/CONF.005/12: English
• Report submitted by the Secretariat and adopted by the Committee
  IGC/XII/17; LA.73/CONF.005/17: English