Playing the devil’s advocate: protecting intangible cultural heritage and the infringement of human rights

Adopted in 2003 and coming into force in 2006, the Convention for the Safeguarding of Intangible Heritage has now been ratified or otherwise approved by 112 national governments. It is notable, however, that a number of countries which have been strongly involved in the World Heritage system have so far chosen not to ratify the Convention. Australia is one of these countries. This paper explores some of the reasons for this widespread resistance in terms of the key concepts, the system now set up under the Operational Directives, the impacts on communities whose intangible heritage has been nominated or not nominated for inscription on the Representative List, and human rights. In writing this paper, I am playing Devil’s Advocate, raising the issues that cause concern but with the view that, if these issues can be resolved, resistance to ratification may disappear. Nevertheless the paper concludes that, as an alternative to adopting the listing established under the Convention, a more democratic and broadly based set of consultative programs might achieve more effective maintenance of the diverse intangible cultural heritage of Australia and other resistant nations.