A comprehensive study examining the intersection of law and intangible cultural heritage (ICH) under national and international frameworks has been published, offering insights crucial for safeguarding diverse traditions, particularly in regions like Jammu and Kashmir where generational cultural gaps pose a significant threat.
Information was available with The Chenab Times regarding the book titled “Intangible Cultural Heritage under National and International Law: Going beyond the 2003 UNESCO Convention.” Published in 2020, the volume is edited by Marie Cornu, Anita Vaivade, Lily Martinet, and Clea Hance. It stems from the Osmose project, initiated in 2014, which investigated legal systems established globally for the protection of ICH.
The editors and their international team coordinated a study across approximately 26 countries, circulating a detailed questionnaire to gather information on the understanding and implementation of national laws related to ICH. The responses were analyzed to understand how national legislation was adapted or maintained in light of the 2003 UNESCO convention. The findings have been categorized and expanded upon under key themes, including the relationship between the environment and ICH, the interplay of national and international laws, the tools available for safeguarding ICH at both levels, and the judicialization of ICH.
The book presents the complexities of institutionalizing laws for ICH at local, national, and international levels transparently, without advocating for unconditional endorsement of the UNESCO convention’s clauses. It is noted as the first extensive study to comprehensively analyze the connection between the international legal framework and national instruments for safeguarding intangible cultural heritage.
The 2003 UNESCO convention is recognized as a pivotal development in the global discourse on ICH, drawing a parallel between cultural diversity and environmental biodiversity, both deemed essential for human material and spiritual well-being. Following its ratification by member states, including India in 2005, measures envisioned by the convention were considered and pursued at national levels. The convention established a broad framework defining ICH and emphasizing its safeguarding. This led to the formation of an inter-governmental committee under UNESCO and the subsequent development of national inventories and inscription procedures.
While national mechanisms to protect ICH existed prior to the convention, the 2003 accord re-energized these efforts. It provided a clearer framework for understanding ICH and lent international legitimacy to the concept by establishing a global platform for discussion. The convention unified various nomenclatures used across different countries, such as ‘cultural heritage,’ ‘folklore,’ ‘folk culture,’ and ‘popular culture,’ under the umbrella term ‘Intangible Cultural Heritage.’ Despite linguistic and cultural challenges in merging these divergent usages, countries have since worked to align their terminology with the widely accepted concept.
A significant dimension explored in the book is the judicialization of ICH, both preceding and following the 2003 convention. The study highlights instances where conflicts arise between the interests of heritage holders and evolving laws concerning animal rights and environmental protection, leading to litigation. For example, traditional practices like bullfighting or cockfighting, while historically part of certain communities’ heritage, face opposition due to contemporary animal rights advocacy. Several case studies reveal how notions of heritage can collide with current legal delimitations of animal rights, resulting in challenges and removals of ICH inscriptions from national inventories. The book underscores that the protection of ICH is a complex area marked by contesting claims among stakeholders and the legal system.
Despite these challenges, the book asserts that judicialization does not represent a debilitating obstacle to the rich inventories of ICH that have been created. The field of ICH is described as vast and heterogeneous, offering scope for nurturing traditions that have shaped community identities, perspectives, and provided a sense of stability and continuity.
The publication is positioned as a valuable resource for scholars in heritage studies, humanities, anthropology, history, and law. By presenting comparative case studies from signatory countries, it enhances the understanding of ICH. The author, Dr. Javaid Iqbal Bhat, Associate Professor at South Campus, University of Kashmir, emphasizes the critical need for robust legal instruments to safeguard ICH in Kashmir, citing the imminent threat of extinction due to an emergent cultural gap between generations. A well-defined legal instrument, he suggests, can provide the framework for identifying ICH, defining its boundaries, and ensuring its transmission to future generations.
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