Legislation

In the context of the recent reforms in the field of culture, the main emphasis has been on developing legislation. Some important laws on cinema, theatres and libraries were adopted in the late 1990s.

The Law on Cultural Heritage was adopted in 2003, and the Law on Museums in 2005, creating a national legal framework for the safeguarding of cultural heritage, including the intangible heritage.

Cultural Heritage Law: http://www.vasiltole.com/English//-EN.html

Please refer to the French version for the official titles of the laws mentioned below

Presidential decree No. 04-27 of 16 Dhou El Hidja 1424 of 7 February 2004 bearing adhesion of the People’s Democratic Republic of Algerian Republic to the Convention for the safeguarding of the intangible cultural heritage, adopted in Paris on October 17, 2003.

Law No. 98-04 of the 20 Safar 1419 of 15 June 1998 relating to the protection of the cultural heritage (its title IV page 15 relates to the “intangible cultural properties”).

Decree of September 2003 creating a national data bank relating to the intangible cultural heritage.

Decree of September 2003 bearing inventory of the cultural properties (material and immaterial).

Decree (in progress) concerning the Living Human Treasures.

Decree No. 85-280 of 12 November 1985 bearing the creation of the National Museum of Bardo (responsible for the archaeological collections and the collections of popular traditional art).

2002 Law on the principles of cultural legislation

This law defines the main principles, aims and directions of the national cultural policy. The law covers the intangible cultural heritage as part of “cultural properties”, but it does not have specific provisions for its safeguarding. It stipulates however that the provisions of the ratified international Conventions should be applied wherever there is a discrepancy between the 2002 law and the International Conventions.

Flemish Communities in Belgium

Creation of the Flemish Centre for teh Study of Popular Culture (Vlaams Centrum voor Volkscultuur vzw: VCV) (1998)

The centre for the documentation and the safeguarding of the oral and intangible heritage of Flanders (VCV) was created following the decree on popular culture. This centre functions as a umbrella organisation with several institutions divided in research domains and types of heritage to be safeguarded.

Adoption of a decree on cultural heritage (May 2004)

It regulates the recognition and the division of museums as well as the relation between the cities and the Flemish government.

French Communities in Belgium

Adoption of the Wallon decree of 2002 (July 2002)

The French community in Belgium has adopted a new decree concerning movable cultural heritage and intangible heritage

Chapter VII of this decree concerns intangible heritage. It aims at protecting the cultural heritage of the French community, be it movable, living, oral or intangible heritage. The living cultural heritage, that means the intangible heritage embodied by practitioners and linked to cultural spaces, is protected by measures that guarantee its identification, conservation and disemination. The overall objective is to preserve cultural heritage, internationally reknown as a vital factor for the cultural identity, the promotion of creativity and the maintainence of cultural diversity.

The text ditinguishes three components of traditional and popular culture corresponding to the following titles: “Treasures of the living culture of the French community”, “Masterpieces of the oral and intangible heritage of the French community” and “Cultural spaces of the oral and intangible heritage of the French community”.

The decree provides a definition of the Intangible Cultural Heritage (PCI) and the knowledge and skills related to it: oral expressions, traditional performences, traditional craftsmanship and the knowledge and traditional practices concerning nature.

Besides conversation measures (budget allocations for supporting safeguarding activities, equipment, recordings, support for the maintainance of cultural spaces), the decree foresees the promotion and dissemination of ICH.

The decree regulates the submission of dossiers of distinguished examples of the oral and intangible heritage presented to UNESCO, which have been recognized by the French Community.

The Royal Government of Bhutan attaches great importance to the preservation and promotion of Bhutanese Intangible Cultural Heritage and the issue of preserving and promoting age old cultural practices and values have been widely deliberated in the National Assembly sessions. No legal measures are in place yet.

Please refer to the Spanish version for the official titles of the laws mentioned below

2000 : Creation of the Departmental Council of the Culture of Oruro which defines the policies and regional strategies for the oral and intangible heritage by pretectoral resolution

1999 : the National Council of the Traditional and Popular Culture was created following the first seminar on the “safeguard and the protection of traditional and popular cultures of Bolivia”

1994 : the Law No. 602 declares the town of Oruro as the capital of the folklore of Bolivia

1987 : Ministerial resolution 231 which approves the regulation for the practice of the traditional medicine of Bolivia. The law No. 928 created an autonomous Institute of Kallawaya medicine

1984 : Resolution No. 19877 of the 10/1/1984. Creation of the Bolivian Association of Traditional Medicine (SOBOMETRA)

1977 : Decree 12626 of the 19/6/1977 regulates the standards of the protection of the ethnographic, musical, dance, folkloric literature, and popular art heritage.

Other laws :

The State’s political constitution: articles 137, 171, 177, 191, 192 Law 1551 of people’s participation: article 3 (basic territorial Organizations and representation)

2004 : Decree nº 5.040, of April 7, 2004: creation of the department of intangible heritage of the ‘“Instituto do Patrimônio Histórico e Artístico Nacional” (IPAHN)

1991 : Law nº 8.313 which institutes the national programme supporting culture (Pronac)
Objectives of this programme are to collect and to channel resources to facilitate and to democratize access to cultural sources, to stimulate the decentralization of the cultural production and to preserve tangible and intangible cultural properties.

Decree # 3551/2000 article 216 of the federal constitution in which the Brazilian heritage is defined as one consists of tangible and intangible cultural properties. This decree institutes the Inventory of intangible cultural properties and creates the national programme for intangible heritage.

Competent institutions are currently involved in the elaboration of a new law on cultural heritage, which will integrate the relevant points from the 2003 Convention.

Please refer to the French version for the official titles of the laws mentioned below

Law No.06.002 bearing a cultural charter of the Central African Republic (2006)

Regulations on the Protection of Traditional Handicrafts (1997)

The Regulations were issued by the State Council of China.

Law on the Protection of Intangible Cultural Heritage of China

Since 1998, China has been drafting the “Law on the Protection of Ethnic and Folk Culture of China”.
To better reflect the spirit incorporated in the 2003 UNESCO Convention for the Safeguarding of Intangible Cultural Heritage, the title has been changed to the “Law on the Protection of Intangible Cultural Heritage of China”.
It is under final examination by the People’s Congress, the Department for Public Relationships of the Central Government and the Ministry of Culture, and will be issued within 2006.

Recommendations to Strengthen the Protection of China’s Intangible Cultural Heritage (2005)

The Recommendations issued by the State Council are currently the most important directive in the protection of intangible heritage in China.

Legal regulations to protect intangible heritage at provincial level have been issued in Yunnan Province, Guizhou Province, Fujian Province and the Guanxi Zhuang Minority Autonomous Region (These are provinces and autonomous regions with diverse ethnic minority cultures)

The Law on the Protection and Preservation on Cultural Property (1999)

The law explicitly includes, along with “mobile and immobile” cultural properties, the “forms and phenomena of human spiritual creativity”.

Copyright
Copyright Law No. 59, December 1976, as amended by Law No. 63/77, October 1977, and Law No. 18(1)/93, January 1994
Copyright (Competent Authority) Regulation No. 249/77
Amendment Law Nos. 54(1)/1999, June 1999 and 12(1)/2001, February 2001
Copyright (Amendment) Bill under consideration

The Hungarian Ministry of Cultural Heritage, headed by a Secretary of State, is responsible for Folk Art and for Intangible Cultural Heritage. This ministry was created in 1998 on the basis of Law 140/1997, which establishes the public responsibility to “guard and protect” cultural heritage, and establishes measures for the protection of “communal culture”.

Intangible heritage is included in the so called “Cultural Law and Cultural Policy” document. The National Basic Education Plan establishes the teaching of folk art traditions as compulsory. Intangible cultural heritage is taught also at Folk High Schools and at universities.

Law for the Protection of Cultural Properties (1950)

Intangible cultural properties first came under legal protection.

Under the Law for the Protection of Cultural Properties, cultural properties are classified into the following five categories:

1. Tangible cultural properties
2. Intangible cultural properties
3. Folk-cultural properties
4. Monuments
5. Groups of historic buildings

In addition to the five categories, traditional techniques for conserving cultural properties are defined under the Law for the Protection of Cultural Properties.

Of the cultural properties above, “intangible cultural properties,” “intangible folk-cultural properties,” and “traditional conservation techniques” are intangible cultural heritage.

Under this law, “Intangible Cultural Properties” are defined as “stage arts, music, craft techniques, and other intangible cultural assets that possess high historic or artistic value for Japan,” and efforts are made for their safeguarding.

The Law initially was designed to protect intangible cultural properties of significant value by subsidizing persons recognized as qualified for preserving such properties. In 1954, the law was amended to introduce the designation of “Important Intangible Cultural Properties” and recognition of persons skilled in such arts and crafts, to provide greater protection in this area. Priority protection of cultural properties through designation is a distinctive characteristic of this Law. In addition, traditional customs and practices have also been recognized as “intangible folk-cultural materials” to be preserved by producing records thereof.

In the amendment of 1975, “folk-cultural properties” and “traditional conservation techniques for cultural properties” were added. Intangible folk-cultural properties in this category include folk performance arts, of which important properties have been designated for active preservation efforts.

Latvia’s current cultural policies are reflected in the National Programme “Culture” (2000 – 2010) that embraces all fields of culture, including “Traditional Culture” and “Amateur Art”. Within this programme, the safeguarding of the Intangible Cultural Heritage is ensured through three channels:

• institutional system
• legislation
• funding

An English summary of the Programme is available at the website of the Ministry of culture
http://www.km.gov.lv/UI/main.asp?id=11054.

Presently, the Latvian Ministry of Culture is in the process of drafting legislation on the preservation of the intangible cultural heritage.

A Law on Song and Dance Celebration was adopted in 2005.

Law on the Principles of State Protection of Ethnic Culture (1999)

It regulates the main principles, measures and conditions for preservation, continuation, enrichment and development of Ethnic Culture in Lithuania. In legislative domain, Lithuania is one of the few countries in Europe to have adopted a national regulation act regarding the preservation of the intangible cultural heritage. Articles 6 and 7 of this law deal with the issues related to the creation of inventories.

Draft “Law on National Heritage Product“

It has been prepared to provide certification for traditional manufactured products and services, exemptions for production and trade conditions, etc.

Draft “Law on Song and Dance Celebration“ (under preparation)

The concept of the law has approved. (Similar law has been adopted in Latvia - see Latvia Country Profle).

The law will solidify the institutional system for the song and dance celebration itself. This is a continious preparation process (it is foreseen to establish the institutions for supervising and implementing – the National Song Celebration Comission and the Council for Executing the Song Celebrations).

The action plan of both the Ministery of Culture and the Ministery of Education and Science should be adopted in the short run.

The national legislation related particularly to the safeguarding of the intangible cultural heritage does not exist yet in Madagascar; however, the country has a legislative, institutional, and administrative framework of the national heritage (material and intangible).

The national heritage is governed by the ordinance 82 029 of 6 November 1982 concerning the conservation, safeguarding and protection of the national heritage. The application of this ordinance involves three commissions: commission of inscription, classification, excavations and research.

The national cultural policy was adopted in September 2005. The seminar was organized from 4-5 May 2006 which enabled the persons of the Ministry of Culture and Tourism to be further involved and to determine the action plan for its setting up its execution.

Act of parliament concerning the safeguarding of intangible cultural heritage has been in force since January 2004

Law on Culture of Mongolia (1996)

State Policy on Culture (1996)

Law on the Protection of the Cultural Heritage (2001)

The Parliament of Mongolia ratified these laws, each of which contains a special section on the protection of intangible cultural heritage, thus constituting important set of legal acts for intangible cultural heritage in Mongolia.

According to the “Law on the Protection of the Cultural Heritage,” the intangible cultural heritage of Mongolia includes intellectual cultural properties possessing significance in the areas of history, ethnography, folk wisdom, customs, artistry, techniques, art and science which have been transmitted through traditional , non-physical means, and which are clear expressions of folk talent, knowledge and experience, such as:

• mother language, scrip, and associated culture;
• oral literature;
• folk songs (urtiin duu and bogino duu) and epics, and the techniques of singing or narrating these;
• labour-related songs and chants;
• khuumii (diaphonic singing): whistling, clicking of the lips and palate, and other non-vocal musical forms created with the mouth and speech organs;
• the techniques of producing and playing traditional musical instruments, and the techniques of melodic notation;
• traditional folk dance and physical expression;
• techniques of expression of gifted performers of contortion and circus acts;
• folk school of production;
• traditional folk customs and ceremonies;
• traditional folk knowledge;
• traditional folk symbolism.

According to the Law, all heritage properties including intangible cultural heritage properties are classified as “common”, “valuable” or “unique and valuable”, and the subjects for the protection of each of these are identified at the national, provincial, and local level.

Within the adoption of this law, there is now a united structure for protecting the intangible cultural heritage at the national level. The creation of intangible cultural heritage properties and of their bearers has already begun in the capital city and in the local regions.

The following legislation is in force:

Ley Nº 28296: Ley General del Patrimonio Cultural de la Nación, Agosto de 2004, en vigencia desde julio del 2004 (General Law on Cultural Heritage)

Decreto Ley 18799: Ley Orgánica del Sector Educación. Creación del Instituto Nacional de Cultura - INC (artículo 49). Marzo de 1971. (Decree on the establishment of the National Institute for Culture)

Ley N° 27425: oficializa los festivales Rituales de Identidad Nacional. Enero de 2001 /Ley N° 27478 (Law on the “Ritual Festivals of National Identity”)

Ley N° 27708: Ley que oficializa el ritual de la “Fiesta Inca del Warachicuy” como festival ritual de identidad nacional. (Law on the recognition of the Inca festivity Warachicuy as a Ritual Festival of National Identity)

Ley Nº 27811: se establece el Régimen de Protección de los Conocimientos Colectivos de los Pueblos Indígenas Vinculados a los Recursos Biológicos. (Law on the protection of indigenous people’s collective knowledge of biological resources)

Ley N 28106: Ley de reconocimiento, preservación, fomento y difusión de las lenguas aborígenes de noviembre del 2003 (Law on the recognition, preservation, enhancement and promotion of indigenous languages)

OTRAS RESOLUCIONES:
Resolución Directoral 1207/INC Aprueban Directiva sobre Reconocimiento y Declaratorias de las Manifestaciones Culturales Vigentes como Patrimonio Cultural. Noviembre 2004 (Resolution adopting the Directive on the recognition of contemporary cultural manifestations as cultural heritage).

The Cultural Property Protection Law (CPPL) as Law No 961 (January 10, 1962)

CPPL was promulgated to promote and preserve tangible and intangible cultural properties.
Intangible cultural properties as defined in the CPPL include drama, music, dance, handcraft techniques, and other intangible cultural expressions of high historical or artistic values.
Although the law does not enumerate all items included under the heading of intangible cultures, the term “other intangible cultural expressions” implicates festivals, shamanic rituals, martial arts, culinary, plays, among others.
The CPPL was wholly amended by Act No. 3644, Dec. 31, 1982 and the last amended CPPL is dated of 27 January 2005 by the Act No. 7365.

The Law on Culture was adopted in 1999 and it set out the constitutional principles governing culture. The Law on Traditional Handicrafts was adopted in 2003.

The Law N. 292/2003 regulates the activities of cultural institutions. The Ministry of Culture and Religious Affairs has launched a public debate concerning the necessary modifications that would improve the above-mentioned law, as well as a draft Law on Intangible Heritage. These documents would create the legal framework that would allow to better determine the objectives and means of cultural insitutions involved with the intangible cultural heritage.

In March 2006, a National Commission for the Safeguarding of the Masterpiece of the Intangible Cultural Heritage “The Căluş Tradition” was established by the Decree N. 2138/24.03.2006 of the Minister of Culture. This Commission is attached to the Ministry of Culture and Religious Affairs, which approves and coordinates all the activities in the framework of the National Programme of safeguarding of the Masterpiece of the Intangible Cultural Heritage “The Căluş Tradition”.

The National Copyright Act (1982)

This Act gives protection to the intangible heritage of Seychelles under Section 7 – Copyright in Seychelles Folklore. The Section stipulates that the copyright may be exercised on behalf of the Republic by the Minister and that licenses in respect to those rights may be granted by the Minister. The Minister provides the license with the right to use any aspects of the folklore provided that it is used in a positive image manner enhancing cultural values of the country.

Cultural Heritage Protection and Copyright Office

It has been set up with the mandate to implement the laws and legislations stipulated by the Copyright Act. It is there also to implement protocols and policy regarding foreign researchers wishing to conduct work in Seychelles.

National Monument Act/National Archives Act

Tangible cultural heritage in terms of movable and immovable property is protected under the National Monuments Act which was revised in 1991. Seychelles also has a National Archives Act which is currently under revision.

National Cultural Policy

The establishment of a revised “National Cultural Policy”, is aimed to be the vanguard in the safeguarding of the values and traditions of the Seychellois society. With new developments and changes that are taking place, it will enable Seychelles to establish a more systematic and scientific approach in the development of arts and cultural programs. It will also help to meet the cultural needs at all levels in the community which will eventually benefit the individual, as well as the society.

Declaration on the Protection of Cultural Heritage (28 February 2001)

This Declaration was adopted by the National Council of The Slovak Republic and is based on article 44 of the Slovak Constitution. The Government launched in 2004 a new strategy for cultural policies.

National legislation includes the Law on Culture (revised, 2003) and the Law on Protection of Cultural Heritage (2004). The latter covers the identification and safeguarding of cultural heritage, including the intangible heritage. In the framework of the 2004 Law, the Intangible Cultural Heritage is defined as “an expression and/or a testimony of the human creation in the past and the present, or a representation of the interaction between the man and the nature”, and it covers three types of properties: folklore, language and toponyms.

National laws in the field of culture: http://www.kultura.gov.mk/content.php?id=18
2004 Report on “The Intangible Cultural Heritage Protection in the Republic of Macedonia: http://unesco.ru/files/docs/clt/kazan/makedonia-report-en.pdf

Copyright
Law No. 5846 on Intellectual and Artistic Works, January 1951, as last amended by Law No. 4630, March 2001.

The Law on Cultural Heritage (2001)

The National Assembly of the Socialist Republic of Vietnam adopted on 29 June in 2001 the Law on Cultural Heritage (in Vietnamese), in which the Chapter III is dedicated to intangible cultural heritage.
Decree on the Detailed Regulations to Implement some Articles of the Law on Cultural Heritage (11 November 2002)

Copyright and Performance Rights Act No. 44 (December 1994).