Following the adoption of this recommendation, various meeting of experts, both governmental and nongovernmental were held to discuss the possibility of having an instrument that is "hard-law" in nature and AL A A A A 1 1 1"P ' ls VVVVVVVVVVVIV"Cr Annex IV DRAFT INFORMATION PAPER Comments from stakeholders were taken into consideration when submitting the final information paper to the Honorable Minister for Education. The outline below inculcates amendments done by participants at the National Workshop. Ratification of 2003 Convention for the Safeguarding of Intangible Cultural Heritage. Purpose: 45 The purpose of this submission is to: Inform the Minister of Education, National Heritage Culture and Arts of the "2003 Convention for the Safeguarding of Intangible Cultural Heritage"; Inform the Minister on the cost involved in ratification Inform the Minister of the social and legal impact of the ratification Enlighten the Minister on the need for Fiji to ratify the 2003 Convention; Seek the Minister's approval for a submission to cabinet to formally ratify the 2003 Convention. Background: In many regions of the world the broad concept of "cultural heritage" is often dominated by its tangible manifestations such as monuments. This situation is quite different in Fiji where it is the living, "intangible" aspects of indigenous Fijian heritage are felt to be essential and predominant. Moreover, tangible cultural heritage are reflected in the legal provisions governing cultural property, whilst the intangible aspect of cultural heritage may be neglected by law, as well as actively promoted or protected by the law in many countries of the world including Fiji. This relative dominance of tangible cultural heritage, with the immediate visibility of such elements, explains why international law, embodied in conventions negotiated between States, has hitherto, similar to national law, focused its attention and its normative efforts on ensuring international protection of the tangible heritage. Emphasis has mainly been on preserving the tangible heritage from pillage, illicit excavations, traffic in art objects, destruction in the course of armed conflict, and even intentional destruction. Besides, as ideas evolve, peoples have come to know and understand more the important role that elements of intangible cultural heritage play in our society and culture, and the continuous threats looming over its survival and development. This has impelled many countries to initiate both individual measures through their own domestic laws and by collective actions through the development of international law conventions. For UNESCO such International law conventions for the culture and heritage sector include the following: 1952: Universal Copyright Convention 1954: Convention for the Protection of Cultural Properties in the Event of Armed Conflict 1970: Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1972: Convention on the Protection of the World Cultural and Natural Heritage 2001: Convention on the Protection of the Underwater Cultural Heritage 2003: Convention for the Safeguarding of the Intangible Cultural Heritage 2005: Convention on the Protection and Promotion of the Diversity of Cultural Expressions On 15 November 1989 a Recommendation on the Safeguarding of Traditional Culture and Folklore was adopted by the UNESCO General Conference instituting a first set of international rules, non-binding, 'soft-law' in nature, geared towards safeguarding ICH [designated as "traditional culture and folklore].
binding.!.; ence, at the 31st session (2001) of the UNESCO General Conference it was decided that the protectior of "traditional culture anu, Jiklore" should be regulated by an international convention, with the 1972 Convention for P%:.,.ecti011 of the World Cultural and Natural Heritage, serving as a model. B L September 2002 and June 2003 a series of Intergovernmental meeting of experts were held at the UNESCO Headquarters with a mandate to discuss the scope of a preliminary draft and simultaneously draw up the draft self. The outcome of such an extensive intellectual, political and legal process was the unanimous adoption by the 32nd Session of the General Conference of UNESCO on 17 October 2003 of the Convention of the Safeguarding of the Intangible Cultural Heritage. A copy of the Convention paper is attached herewith as Appendix 1. INTANGIBLE CULTURAL HERITAGE - precious and endangered heritage. Intangible Cultural Heritage (ICH) consists of practices, representations, expressions, knowledge and skills which communities and groups recognize as part of their heritage. These are subject to endangerment, thus becoming intrinsically fragile because of the following reasons: Physical Threats - ICH perpetuates itself and defies the ravages of time through its transmission from generation to generation. This nature outlines its vulnerability for three main reasons: it is not always visible, hence, liable to become entirely forgotten; it depends crucially on successful transmission; and lastly the conditions under which such transmission can readily take place are often under threat. Social and economic threats - These entails issues such as globalization, armed conflict, Land Use, ruralurban migration, unrestrained mass tourism, migration, degradation of cultural environment, and lack of resources for safeguarding. Such factors are threats of the many cultural and social traditions that provide the well-springs of peoples' identity and collective memories. Psychological threats Status of Intangible Cultural Heritage in Fiji. Intangible cultural heritage in Fiji include knowledge and skills that are unique and that which evolves and is transmitted between generations. It conceptualizes the very foundation of Fijian culture and is embodied in our oral history, events, names of people/persons, places, titles, ancestral gods, totems - trees, birds, fish, animals, food crops, leadership structures - vanua, yavusa, mataqali; seasonal calendar and activities; signs and indicators; mekes, agricultural practices, architectural, technical, herbal, medicinal and ecological knowledge. More then often, these are means of self-expression, social identity and a living and ever-developing tradition, and not just a memory of the past. However, the aforementioned elements of Fijian ICH are mainly unrecorded, orally transmitted, and preservation rests pivotally on continual usage and observance. Hence, the brutal reality is that if indigenous Fijians lose their culture and heritage those will be lost forever, unlike other cultures in the country, no fountain exists elsewhere from which they can be retrieved. Thus, there is an urgent need to address the issue and set appropriate measures, both in principle and most importantly, in practical terms, to ease such pressure. The Ministry of Fijian Affairs, Culture Et Heritage, through Government's Strategic Development Plan (SDP) 2003-2005 for the cultural sector, which manifests on "The Protection and management of our culture and heritage for current and future generations", is committed to the safeguarding and enhancement of the social and cultural values of the indigenous community. Culture in this context refers not only to tangible heritage but also the diverse manifestation of intangible heritage that exists in Fiji. Furthermore, this goal transpired with Fiji's adoption of the Model Legislation on Traditional Knowledge and Expressions of Culture, and which is currently being drafted by the First Parliamentary Counsel with the Ministry of Justice. The adoption of such legislation requires the consideration of options and mechanisms for its proper implementation and effective policing. An initiative that has been undertaken is to document the vast aspects of Fijian Intangible
The 2003 Convention will enhance policy objectives regarding the Culture a Heritage Sector in the 20 Year Development Plan for Indigenous Fijians and Rotumans. The Convention will not only protect and preserve 4 A A A 'i' 1"1"1", '1 1 1"4" 47 Cultural Heritage (Traditional knowledge Et Expressions of Culture) especially those that may be on the verge of total disappearance, and its traditional holders and/or custodians. The National Inventory for Traditional Knowledge a Expressions of Culture Project had begun proper in 2004 with Pilot Tests undertaken in two villages and an entire district. The response from villagers was enthusiastic as most were concerned with the pace in which senior members of their villages have departed for the after life, taking with them the knowledge needed to facilitate the revitalization of culture, the rural-urban movement and/or migration of youths (agents for transmission and safeguarding) for employment opportunities overseas, and a non-conducive cosmopolitan livelihood. The project, besides, is aligned to the 2003 ICH Convention, since it is a pre-requisite for the depositor (country that ratifies the convention) to have an inventory (database) system primed prior to the submission of its signed ratification documents. Justification for Ratification of Convention. Reasons why the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage should be considered as an important instrument for ratification by Fiji include the following: For Fiji, it is by far the first and only instrument that addresses specifically the intangible cultural heritage, which has been too long neglected by international and local legislations. Besides, it is also the first and only instrument which offers the global community concrete measures for safeguarding the intangible cultural heritage at both national and international levels. The 2003 Convention is a direct answer to the urgency to safeguard intangible cultural heritage. For more then 25 years, after reflection by concerned countries, there was growing recognition that the intangible cultural heritage is often facing fatal pressures due to accelerating forces of globalization. Each day which passes without action is a lost day. Everyday is important as, by its nature, intangible cultural heritage is not only evolving but also fragile and vulnerable, particularly, with reference to its transmission to younger generations.lht The Convention emphasizes the bearers or custodians of intangible cultural heritage, who are the very people that enact elements of this heritage in their daily life, or on special occasions. This is crucial for their identity and sense of continuity. The participation of communities and groups in safeguarding activities at the national level is clearly stipulated in the Convention (Article 11). Their involvement is measured through the identification of elements of the intangible cultural heritage, and the participation of communities and groups in the preparation of inventories of the various domains of intangible cultural heritage. The convention addresses both developing and developed countries alike, that is, safeguarding of intangible cultural heritage is of equal importance to all countries without exception. However, this may differ a great deal to the current experience of the imbalance in the geographical distribution of the tangible sites inscribed on the World Heritage List. The latter should not be repeated in the list for intangible cultural heritage foreseen by the convention. Another reason that which Fiji might consider ratifying the convention is that it leaves room for different regional and national approaches, since various articles contained in the convention is open for interpretation by State Parties. In particular, there is flexibility in the choice of domains that needs to be safeguarded. However, state parties need to create one or more inventories of intangible cultural heritage present in their countries. This may be executed in the way that each state party deems appropriate. Moreover, the Ministry of Indigenous Affairs has begun work on initiating a National Inventory on Traditional Knowledge and Cultural Expressions which is a prerequisite for ratification of the 2003 Convention. Fiji is currently drafting its legislation on Traditional Knowledge and Cultural Expressions which was developed by Pacific Island Legal Experts with the cooperation of regional organizations, but with minor support from dominant international organizations in the genre of copyright. The 2003 Convention, however, will strengthen Fiji's move to implement a communally based legislation on copyright in the international arena and empower community based initiatives to document, preserve and safeguard their intangible cultural heritage.
X \ N C's. NJ, / 48 h. A '1"I' '1"1"4"1"1' indigenous Fijian cultural heritage, through the establishment of a database of intangible cultural her. ige custodians, but will also: promote the integration of indigenous cultural practices, language and the art into the school curriculum; strengthen research and documentation of indigenous cultures and languages; and ensure t' - t a legislative framework and policy covering ownership rights of indigenous knowledge is effectively implemented. The Convention will also assist nationally in the promotion and awareness of the rich intangible cultural heritage of all cultures in Fiji by establishing inventories to document the diversity of Fiji which will contribute towards he social and economic development and well being in Fiji. An important rationale for ratification of the Convention is the international assistance rendered to the state parties once the latter comes into force. Section V, Articles 19-24 outlines the purposes, forms and conditinns for requesting international assistance. Article 21 particularly highlights areas with which state parties to i.ne convention could benefit from. These include: "studies concerning various aspects of safeguarding; the provision of experts and practitioners; the training of all necessary staff;...the creation and operation of infrastructures; toe supply of equipment and know-how; other forms of financial and technical assistance, including where appropriate, the granting of low interest loans and donations..." With current efforts in Fiji to fully implement its natic_al inventory and the drafting of an appropriate legislation, the Convention, if ratified, could serve as a means to maximize our current status through technical and financial assistance. Domain refers to the five main classifications that which Intangible Cultural Heritage may manifest itself. Howe. r, this may not be applicable to most countries. These include: 1. oral traditions and expressions including language as a vehicle of the ICH; 2. performing arts; 3. social practices, rituals and social events; 4.Knowledge and pract; :5 concerning nature and the universe; and 5. Traditional craftsmanship. CONCLUSION Fiji's intangible cultural heritage (ICH) forms the core of the existence of its indigenous culture. Its importance has long been forgotten since its survival and or safeguarding rested pivotally on oral transmission with no fo. ---1 of documentation during pre-european contact by Fijians. The Convention, however, does not have the 'magical' powers to retrieve all that has been lost; instead it ensures that ICH that still exists is properly safeguard"d maintaining Fijians sense of identity. Amongst other things indigenous Fijians will benefit from the convention as it will try to socio-culturally link continuity between past, present and future generations; promote and guiee forms of tourism which respect the intangible cultural heritage as a source of identity and social cohesion, as weu as encouraging respect for and appreciation of cultural diversity; and lastly would ensure openness towards other cultures. Recommendation: The Minister is invited to: Note the need for Fiji to ratify the 2003 Convention for the Safeguarding of Intangible Cultural Heritage. Approve its submission to cabinet for formal ratification by Government. Note the coordinating agency responsible for the 2003 Convention. Note the Budget implications
laiir - tir" 4,11 err 49 I Annex V THIS DOCUMENT IS THE PROPERTY OF THE CABINET CP(2009): 9th Meeting Date: 11/08/09 CABINET DECISION Extract from Minutes of Meeting Held on Tuesday, 11th August, 2009 at 9.00am 163. Proposal to Ratify the UNESCO 2003 Convention for CP(09)129 the Safeguarding of the Intangible Cultural Heritaqe in FIJI - CF 29/14/1 Cabinet: noted the initiative taken to safeguard -Fiji's Intangible Cultural Heritage: (ii) approved that Fiji ratify the 2003 Convention for the Safeguarding of Intangible Cultural Heritage; and (iii) approved in principle the establishment of a Secretariat within the Department of Culture and Heritage to assist Fiji in its commitment to ratify the Convention subject to consultations with the Ministry of -Finance on the required funding. [E B akelock] Acting Secretary to the Cabinet
;;';'...N.-,i,ia-n,... ;,,,,,,,,40.5,--,.,-4.<41..v.x:"vr.,-,-...4,4--.,-,,,,i-&*,,,, F. Fr, We -,, vr,,,,, =AN-,3-: - -.1.."",,:o I. i v l\7 / / 1 A A A A A i Annex VI THE GOVERNMENT OF THE REPUBLIC OF THE FPI ISLANDS INSTRUMENT OF RATIFICATION III 1) INTANGIBLE CULTURAL HERITAGE WHEREAS the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage ("the Convention") was done on the day of the Seventeenth of October in the year Two Thousand and Three in Paris; AND WHEREAS the Convention was adopted and entered into force on the Seventeenth of October in the year Two Thousand and Three; NOW THEREFORE, having considered the Convention, the Government of the Republic of the Fiji Islands hereby confirms and RATIFIES the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage in accordance with Article 32 of the Convention, and undertakes faithfully to perform and carry out the stipulations therein contained. IN WITNESS HEREOF, I Ratu Inoke Kubuabola, Minister for Foreign Affairs, International Cooperation and Civil Aviation of the Government of the Republic of the Fiji Islands have hereunto set my signature and national seal. Done at Suva this 7 day of,:147.444a-g./ Two Thousand and Ten. Minister for Foreign Affairs, International Cooperation and Civil Aviation