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Improving governance and policy frameworks for ICH safeguarding

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13th Annual Meeting of the South-East European Experts Network on Intangible Cultural Heritage (Cremona, Italy 16-18 June 2019)

Publicada em: Governo e ONGs
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Improving governance and policy frameworks for ICH safeguarding

  1. 1. Improving governance and policy frameworks for ICH safeguarding 13th UNESCO SEE network meeting Cremona, June 2019 Session 2 Picture: Cultural District, Cremona
  2. 2. In this presentation ICH governance and policy frameworks: what and why Different levels of governance and policy Examples of policy frameworks, consultative mechanisms, governance models encouraging community engagement
  3. 3. ICH policy frameworks and consultative mechanisms: what and why Picture: Cultural District, Cremona
  4. 4. What does the Convention say? Preamble Recognizing that communities, in particular indigenous communities, groups and, in some cases, individuals, play an important role in the production, safeguarding, maintenance and re-creation of the intangible cultural heritage, thus helping to enrich cultural diversity and human creativity, Cultural space of Boysun District Some rights reserved
  5. 5. The Convention prioritises community involvement in safeguarding Article 15- Participation of communities, groups and individuals Within the framework of its safeguarding activities of the intangible cultural heritage, each State Party shall endeavour to ensure the widest possible participation of communities, groups and, where appropriate, individuals that create, maintain and transmit such heritage, and to involve them actively in its management. Some rights reserved
  6. 6. Ethical Principles EP1: Communities, groups and, where applicable, individuals should have the primary role in safeguarding their own intangible cultural heritage EP4: All interactions with the communities, groups and, where applicable, individuals … should be characterized by transparent collaboration, dialogue, negotiation and consultation, and contingent upon their free, prior, sustained and informed consent. EP 7: The communities, groups and individuals who create intangible cultural heritage should benefit from the protection of the moral and material interests resulting from such heritage … Some rights reserved
  7. 7. Inventorying Article 11 – Role of States Parties Each State Party shall: … (b) … identify and define the various elements of the intangible cultural heritage present in its territory, with the participation of communities, groups and relevant non-governmental organizations. Some rights reserved
  8. 8. Policy and administration Article 13 To ensure the safeguarding, development and promotion of the ICH present in its territory, each State Party shall endeavour to: (a) adopt a general policy … (b) designate or establish one or more competent bodies for the safeguarding of the intangible cultural heritage present in its territory; Some rights reserved
  9. 9. Policy and administration (cont’d) Article 13 To ensure the safeguarding, development and promotion of the ICH present in its territory, each State Party shall endeavour to: (d) adopt appropriate legal, technical, administrative and financial measures aimed at: (i) fostering the creation or strengthening of institutions for training in the management of the intangible cultural heritage and the transmission of such heritage through forums and spaces intended for the performance or expression thereof; (ii) ensuring access to the intangible cultural heritage while respecting customary practices governing access to specific aspects of such heritage; (iii) establishing documentation institutions for the intangible cultural heritage and facilitating access to them. Some rights reserved
  10. 10. Governance and policy frameworks Developed by or within States Parties May be developed independently by communities themselves Elements of such frameworks may already exist in the State Others may be developed after ratification of the Convention
  11. 11. DIVERSITY IN APPROACHES •Legislation •Regulations •Financial instruments •Institutions •Living Human Treasures programmes •Provisions for specific communities and their ICHKimchi making, 2014 Republic of Korea https://www.flickr.com/photos/koreanet/15165849254/
  12. 12. WHY THIS DIVERSIT Y? Regional and international influences Approaches before ratification Interpretations of the Convention Reasons for ratifying the Convention Socio-political, historical and economic contexts
  13. 13. Different levels of governance and policy Picture: Cultural District, Cremona
  14. 14. Governance and policy frameworks: different levels International level • ICH Convention and others • Human rights instruments • IPR guidance (WIPO) • Regional agreements • International NGOs, C2Cs Local level • Provincial or municipal laws, regulations, subsidies • Community-based organizations National level • Constitution or Bill of Rights • ICH policy • ICH legislation • Subsidies • Networks • IPR regimes • Universities, archives, museums Some rights reserved
  15. 15. Encouraging community engagement for safeguarding (international level) • Community involvement and consent in nominations and periodic reporting (e.g. OD 16,17,24,157,160) • Multinational nominations (OD 13,14) • Communities may propose a nomination directly to UNESCO in emergencies (OD 32) • Opportunities for community representatives to be invited by the Committee (OD 67,89) • Sub-regional or regional networks including community representatives (OD 86) • Documentation sharing across borders (OD 87) • Regional cooperation with community involvement (OD 88) Some rights reserved
  16. 16. International Frameworks Safeguarding ICH with communities concerned ICH Convention Human rights instruments Other international instruments, e.g. on sustainable development and rights of indigenous peoples Intellectual property regimes
  17. 17. Encouraging community engagement for safeguarding (national level) • ICH-related policy, regulations and legislation (Article 13; ODs 103–105); • Bodies to assist in safeguarding with communities (Article 13(b-c); OD 109); • Consultative bodies or coordination mechanisms with community representation …(OD 80); • Encouraging cooperation and networking between communities, and between communities and other stakeholders (ODs 79–80, 86 and 88); • Protection of the rights of the communities concerned (OD 104, etc.); • Capacity building (Article 13(d)(i), 14, ODs 82, 86, 107(k) and 109) Some rights reserved
  18. 18. Some challenges in achieving community participation Different interpretations of “community participation“ by communities, States Parties, officials, the Committee and other stakeholders Limited opportunities for community and NGO participation at the international level (although this is changing) Participation of communities dependent on the structure of government agencies at the national level See Sousa 2018
  20. 20. Issues to consider See Ruddolff and Raymond (2013)  What mechanisms are in place to ensure that community representatives have an appropriate mandate and opportunities to voice their opinions?  What mechanisms are in place to ensure free, prior and informed community consent in implementing the Convention?  What processes and collaborative structures could ensure community consultation and consent in all safeguarding measures and activities?
  21. 21. Examples Picture: Cultural District, Cremona
  22. 22. Irrigators’ tribunals (Spain) The irrigators’ tribunals of the Spanish Mediterranean coast are traditional law courts for water management. Members are elected democratically from within the community. The courts settle disputes orally in a swift, transparent and impartial manner. Their decisions are recognized by the law in Spain, but they operate independently of the formal legal system. The Council of Wise Men of the plain of Murcia © Servicio Patrimonio Histórico de la Región de Murcia Some rights reserved
  23. 23. Irrigators’ tribunals (Spain) Cont. The Council of Wise Men of the plain of Murcia © Servicio Patrimonio Histórico de la Región de Murcia Some rights reserved Their members are farmers elected on an autonomous, democratic basis by the users of irrigation canals. The tribunals are integrated in the Spanish judicial system with equal guarantee and juridical validity to those of any other civil court. These traditional and consuetudinary courts are acknowledged by the Spanish juridical system, so they have a special juridical status and their verdicts are legally binding and cannot be appealed against before ordinary courts
  24. 24. Circles of Living Heritage (Finland) Circles of living heritage are at the centre of the implementation process of the Convention in Finland. They act as coordinating organs and hubs where the communities from each field practicing, transferring, teaching, researching and documenting can meet. They organize seminars or events or create new partnerships and projects. They also play a role in inspiring proposals from their own field for the national inventory. So far four circles have been established with communities and actors in the respective fields: in crafts, nature, folk dance and folk music and oral tradition. http://www.aineetonkulttuuriperinto.fi/en/implementatio n/circles Some rights reserved
  25. 25. Cultural policy foregrounding communities the Government of Belize commits itself to … make provisions to ensure the full participation of all our ethnic communities in cultural expression and cultural development. [National Culture Policy Draft 2013]
  26. 26. Belize National Cultural Policy, 2016-26 • Bill of Cultural Rights emphasises those rights and privileges already enshrined in the Belize Constitution • The Belize Culture Model promotes collective participation of cultural groups, councils, organisations, individuals and government entities. • Establishment of a national platform for coordinating the comprehensive inventorying of all Belize’s intangible cultural heritage with the effective participation of concerned communities of custodians and practitioners • National Institute of Culture and History (NICH) (includes local Houses of Culture) coordinates implementation of policy with relevant stakeholders. https://www.dgft.gov.bz/wp-content/uploads/2017/08/Copy-of-National-Cultural-Policy-Final-Policy-Document-1.pdf
  27. 27. Creating contexts in which communities exert control and feel respected http://localcontexts.org/tk-labels/ https://youtu.be/uPzneao_3rQ
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  30. 30. Main areas covered http://www.australiacouncil.gov.au/symphony/ extension/richtext_redactor/getfile/?name=42f 208904890560b1eb1194724637ee6.pdf
  31. 31. Some suggestions: community engagement • Develop standards and guiding principles through consultation • Find out how to reach the unengaged or disengaged • Use multiple engagement strategies to achieve desired goals • Use technology, arts and media in new and different ways • Develop partnerships with local organisations • Support community leaders and recruit volunteers, especially youth • Organize formal and informal engagement • “Reporting back” and follow-up should be part of all engagement processes • Make the engagement process transparent https://www.academia.edu/9577661/Developing_Innovative_Approaches_for_Community_Engagement_in_the_Grand_Falls- Windsor_Baie_Verte_Harbour_Breton_Region
  32. 32. Case study Picture: Cultural District, Cremona
  33. 33. YAMAHOKO FLOAT PROCESSION, KYOTO GION FESTIVAL (JAPAN) Nominated to the RL, inscribed in 2009
  34. 34. GROUP WORK QUESTIONS Note: refer to this case and others you know 1. How can governance and policy frameworks support community engagement in safeguarding? 2. What different agencies and organizations help promote community participation? What do they do? 3. What can go wrong? For example, how might lack of coordination or different aims of different levels of government create challenges for safeguarding and engagement with communities? 4. What can be done to identify and prevent such problems?