JURISPRUDENCE
INFORMATION ACTIVITY AS A COMPONENT OF SCIENCE DEVELOPMENT
LEGAL PROTECTION OF INTANGIBLE CULTURAL
JURISPRUDENCE
INFORMATION ACTIVITY AS A COMPONENT OF SCIENCE DEVELOPMENT
its forms, and establish the legal and institutional mechanisms for its safeguarding. For example, the Law of the People's Republic of China on the Protection of Intangible Cultural Heritage (2005) defines ICH as "the quintessence of the nation's cultural heritage and the crystallization of its wisdom and creativity" and establishes a comprehensive system for the protection, inheritance, and promotion of ICH [7]. The Intangible Cultural Heritage Act of Korea (2012) also provides a legal framework for the identification, preservation, and promotion of ICH, as well as the participation of communities and experts in the safeguarding process [8].
International Legal Frameworks for Protecting ICH In addition to national legal frameworks, there are also international legal frameworks and instruments for protecting and safeguarding ICH. These frameworks and instruments provide guidelines, principles, and standards for the protection and safeguarding of ICH, as well as the cooperation and coordination among countries and stakeholders.
The most significant international legal framework for protecting ICH is the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003).
This convention is a legally binding instrument that aims to safeguard and promote ICH worldwide through a range of measures, including inventorying, documentation, research, preservation, transmission, education, and awareness-raising. The convention also recognizes the importance of community participation and empowerment in the safeguarding process and encourages international cooperation and assistance for ICH safeguarding. As of March 2023, 180 countries have ratified the convention [9].
Other international legal instruments and initiatives that support the protection and safeguarding of ICH include the World Intellectual Property Organization (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore; the United Nations Declaration on the Rights of Indigenous Peoples; and the United Nations Sustainable Development Goals, particularly Goal 11 on sustainable cities and communities and Goal 16 on peace, justice, and strong institutions [10].
Challenges and Opportunities in Protecting ICH Despite the existence of national and international legal frameworks and instruments for protecting ICH, there are still significant challenges in implementing these frameworks and safeguarding ICH effectively. Some of the main challenges include the following:
Lack of awareness and understanding of ICH among policymakers, the public, and even the bearers and practitioners of ICH themselves. This can lead to undervaluing, neglecting, or even eroding ICH over time. Lack of adequate legal and institutional frameworks and resources for ICH safeguarding. Many countries lack specific laws, policies, or institutions for protecting ICH, and those that exist may be inadequate or underfunded. Rapid cultural, social, and economic changes that threaten ICH.
Urbanization, globalization, migration, modernization, and market-driven cultural commodification can erode or transform ICH, often without the consent or participation of the communities that hold it. Power imbalances and cultural hegemony.
The dominant cultural and economic forces may marginalize or suppress the ICH of minority, indigenous, or other disadvantaged communities, leading to the loss of cultural diversity and heritage.
JURISPRUDENCE
INFORMATION ACTIVITY AS A COMPONENT OF SCIENCE DEVELOPMENT
Despite these challenges, there are also opportunities and best practices for protecting and safeguarding ICH. Some of the main opportunities and best practices include the following:
Community-based approaches to ICH safeguarding. Empowering communities to identify, document, and manage their own ICH can ensure its authenticity, relevance, and sustainability, as well as foster social cohesion and cultural diversity; Participation and inclusion of diverse stakeholders in ICH safeguarding. Involving various stakeholders, such as governments, NGOs, academics, experts, and the private sector, can enhance the effectiveness, legitimacy, and creativity of ICH safeguarding;
Innovative use of technology for ICH safeguarding. Digital technologies, such as mobile apps, online platforms, and virtual reality, can enhance the accessibility, visibility, and preservation of ICH, as well as facilitate intergenerational and cross-cultural exchange.
Cross-border cooperation and exchange for ICH safeguarding. Sharing experiences, knowledge, and resources among different countries and communities can foster mutual understanding, respect, and solidarity, as well as promote ICH tourism and sustainable development.
Conclusion Legal protection of ICH is crucial for preserving and promoting its values, diversity, and sustainability. National and international legal frameworks and instruments provide guidance, principles, and standards for ICH safeguarding, but their effectiveness depends on their implementation and the participation of various stakeholders. Challenges such as lack of awareness, inadequate legal and institutional frameworks, cultural and economic changes, and power imbalances need to be addressed through community-based approaches, stakeholder participation, innovative use of technology, and cross-border cooperation. By safeguarding ICH, we can celebrate cultural diversity, promote social cohesion, and enrich human creativity for generations to come.
References:
1. UNESCO. (n.d.). What is Cultural Heritage? Retrieved from https://whc.unesco.org/en/cultural-heritage/
2. Smith, L. (2006). Uses of Heritage. Routledge.
3. UNESCO. (2003). Convention for the Safeguarding of the Intangible Cultural Heritage. Retrieved from https://ich.unesco.org/en/convention
4. Hafstein, V. (2018). Cultural Heritage and the City: Challenges and Opportunities for Intangible Cultural Heritage Safeguarding. In S. Kockel, C. Nic Craith, & J. Frykman (Eds.), A Companion to the Anthropology of Europe (pp. 269-285). Wiley Blackwell.
5. Australian Government. (1995). Heritage Act 1995. Retrieved from https://www.legislation.gov.au/Details/C2004C05776
6. South African Government. (2009). Cultural Heritage Act, 2009. Retrieved from https://www.gov.za/sites/default/files/gcis_document/201409/a25-09.pdf
7. National People's Congress of the People's Republic of China. (2005). Law of the People's Republic of China on the Protection of Intangible Cultural Heritage.
Retrieved from
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INFORMATION ACTIVITY AS A COMPONENT OF SCIENCE DEVELOPMENT
http://www.npc.gov.cn/npc/c30834/200509/665b34a6d3c74a0db6f940e29d0a7e33.sh tml
8. Ministry of Culture, Sports and Tourism of the Republic of Korea. (2012).
Intangible Cultural Heritage Act. Retrieved from https://www.law.go.kr/lsInfoP.do?lsiSeq=139603#0000
9. UNESCO. (n.d.). States Parties to the Convention for the Safeguarding of the Intangible Cultural Heritage. Retrieved from https://ich.unesco.org/en/states-parties-00170
10. WIPO. (n.d.). Traditional Knowledge, Traditional Cultural Expressions, and Genetic Resources. Retrieved from https://www.wipo.int/tk/en/; United Nations.
(2007). United Nations Declaration on the Rights of Indigenous Peoples. Retrieved from https://www.un.org/development/desa/indigenouspeoples/declaration-on-the-rights-of-indigenous-peoples.html; United Nations. (n.d.). Sustainable Development Goals. Retrieved from https://www.un.org/sustainabledevelopment/sustainable-development-goals/
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INFORMATION ACTIVITY AS A COMPONENT OF SCIENCE DEVELOPMENT