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Convention
Concerning the Protection of the World Cultural and Natural Heritage
THE GENERAL CONFERENCE of the United Nations
Educational, Scientific and Cultural Organization meeting in Paris from 17
October to 21 November 1972, at its seventeenth session,
Noting that the cultural heritage and the natural heritage are increasingly
threatened with destruction not only by the traditional causes of decay, but
also by changing social and economic conditions which aggravate the situation
with even more formidable phenomena of damage or destruction,
Considering that deterioration or disappearance of any item of the cultural or
natural heritage constitutes a harmful impoverishment of the heritage of all the
nations of the world,
Considering that protection of this heritage at the national level often remains
incomplete because of the scale of the resources which it requires and of the
insufficient economic, scientific, and technological resources of the country
where the property to be protected is situated,
Recalling that the Constitution of the Organization provides that it will
maintain, increase, and diffuse knowledge, by assuring the conservation and
protection of the world's heritage, and recommending to the nations concerned
the necessary international conventions,
Considering that the existing international conventions, recommendations and
resolutions concerning cultural and natural property demonstrate the importance,
for all the peoples of the world, of safeguarding this unique and irreplaceable
property, to whatever people it may belong,
Considering that parts of the cultural or natural heritage are of outstanding
interest and therefore need to be preserved as part of the world heritage of
mankind as a whole,
Considering that, in view of the magnitude and gravity of the new dangers
threatening them, it is incumbent on the international community as a whole to
participate in the protection of the cultural and natural heritage of
outstanding universal value, by the granting of collective assistance which,
although not taking the place of action by the State concerned, will serve as an
efficient complement thereto,
Considering that it is essential for this purpose to adopt new provisions in the
form of a convention establishing an effective system of collective protection
of the cultural and natural heritage of outstanding universal value, organized
on a permanent basis and in accordance with modern scientific methods,
Having decided, at its sixteenth session, that this question should be made the
subject of an international convention,
Adopts this sixteenth day of November 1972 this Convention.
I. DEFINITION OF THE CULTURAL AND NATURAL HERITAGE
Article 1
For the purposes of this Convention, the following shall
be considered as "cultural heritage":
monuments: architectural works, works of monumental sculpture and painting,
elements or structures of an archaeological nature, inscriptions, cave dwellings
and combinations of features, which are of outstanding universal value from the
point of view of history, art or science;
groups of buildings: groups of separate or connected buildings which, because of
their architecture, their homogeneity or their place in the landscape, are of
outstanding universal value from the point of view of history, art or science;
sites: works of man or the combined works of nature and man, and areas including
archaeological sites which are of outstanding universal value from the
historical, aesthetic, ethnological or anthropological point of view.
Article 2
For the purposes of this Convention, the following shall
be considered as "natural heritage":
natural features consisting of physical and biological formations or groups of
such formations, which are of outstanding universal value from the aesthetic or
scientific point of view;
geological and physiographical formations and precisely delineated areas which
constitute the habitat of threatened species of animals and plants of
outstanding universal value from the point of view of science or conservation;
natural sites or precisely delineated natural areas of outstanding universal
value from the point of view of science, conservation or natural beauty.
Article 3
It is for each State Party to this Convention to identify and delineate the
different properties situated on its territory mentioned in Articles 1 and 2
above.
II. NATIONAL PROTECTION AND INTERNATIONAL PROTECTION OF THE
CULTURAL AND NATURAL HERITAGE
Article 4
Each State Party to this Convention recognizes that the
duty of ensuring the identification, protection, conservation, presentation and
transmission to future generations of the cultural and natural heritage referred
to in Articles 1 and 2 and situated on its territory, belongs primarily to that
State. It will do all it can to this end, to the utmost of its own resources
and, where appropriate, with any international assistance and co-operation, in
particular, financial, artistic, scientific and technical, which it may be able
to obtain.
Article 5
To ensure that effective and active measures are taken for
the protection, conservation and presentation of the cultural and natural
heritage situated on its territory, each State Party to this Convention shall
endeavor, in so far as possible, and as appropriate for each country:
a. to adopt a general policy which aims to give the cultural and natural
heritage a function in the life of the community and to integrate the protection
of that heritage into comprehensive planning programmes;
b. to set up within its territories, where such services do not exist, one or
more services for the protection, conservation and presentation of the cultural
and natural heritage with an appropriate staff and possessing the means to
discharge their functions;
c. to develop scientific and technical studies and research and to work out such
operating methods as will make the State capable of counteracting the dangers
that threaten its cultural or natural heritage;
d. to take the appropriate legal, scientific, technical, administrative and
financial measures necessary for the identification, protection, conservation,
presentation and rehabilitation of this heritage; and
e. to foster the establishment or development of national or regional centres
for training in the protection, conservation and presentation of the cultural
and natural heritage and to encourage scientific research in this field.
Article 6
1. Whilst fully respecting the sovereignty of the States
on whose territory the cultural and natural heritage mentioned in Articles 1 and
2 is situated, and without prejudice to property right provided by national
legislation, the States Parties to this Convention recognize that such heritage
constitutes a world heritage for whose protection it is the duty of the
international community as a whole to co-operate.
2. The States Parties undertake, in accordance with the provisions of this
Convention, to give their help in the identification, protection, conservation
and presentation of the cultural and natural heritage referred to in paragraphs
2 and 4 of Article 11 if the States on whose territory it is situated so
request.
3. Each State Party to this Convention undertakes not to take any deliberate
measures which might damage directly or indirectly the cultural and natural
heritage referred to in Articles 1 and 2 situated on the territory of other
States Parties to this Convention.
Article 7
For the purpose of this Convention, international
protection of the world cultural and natural heritage shall be understood to
mean the establishment of a system of international co-operation and assistance
designed to support States Parties to the Convention in their efforts to
conserve and identify that heritage.
III. INTERGOVERNMENTAL COMMITTEE FOR THE PROTECTION OF THE WORLD
CULTURAL AND NATURAL HERITAGE
Article 8
1. An Intergovernmental Committee for the Protection of
the Cultural and Natural Heritage of Outstanding Universal Value, called
"the World Heritage Committee", is hereby established within the
United Nations Educational, Scientific and Cultural Organization. It shall be
composed of 15 States Parties to the Convention, elected by States Parties to
the Convention meeting in general assembly during the ordinary session of the
General Conference of the United Nations Educational, Scientific and Cultural
Organization. The number of States members of the Committee shall be increased
to 21 as from the date of the ordinary session of the General Conference
following the entry into force of this Convention for at least 40 States.
2. Election of members of the Committee shall ensure an equitable representation
of the different regions and cultures of the world.
3. A representative of the International Centre for the Study of the
Preservation and Restoration of Cultural Property (Rome Centre), a
representative of the International Council of Monuments and Sites (ICOMOS) and
a representative of the International Union for Conservation of Nature and
Natural Resources (IUCN), to whom may be added, at the request of States Parties
to the Convention meeting in general assembly during the ordinary sessions of
the General Conference of the United Nations Educational, Scientific and
Cultural Organization, representatives of other intergovernmental or
non-governmental organizations, with similar objectives, may attend the meetings
of the Committee in an advisory capacity.
Article 9
1. The term of office of States members of the World
Heritage Committee shall extend from the end of the ordinary session of the
General Conference during which they are elected until the end of its third
subsequent ordinary session.
2. The term of office of one-third of the members designated at the time of the
first election shall, however, cease at the end of the first ordinary session of
the General Conference following that at which they were elected; and the term
of office of a further third of the members designated at the same time shall
cease at the end of the second ordinary session of the General Conference
following that at which they were elected. The names of these members shall be
chosen by lot by the President of the General Conference of the United Nations
Educational, Scientific and Cultural Organization after the first election.
3. States members of the Committee shall choose as their representatives persons
qualified in the field of the cultural or natural heritage.
Article 10
1. The World Heritage Committee shall adopt its Rules of
Procedure.
2. The Committee may at any time invite public or private organizations or
individuals to participate in its meetings for consultation on particular
problems.
3. The Committee may create such consultative bodies as it deems necessary for
the performance of its functions.
Article 11
1. Every State Party to this Convention shall, in so far
as possible, submit to the World Heritage Committee an inventory of property
forming part of the cultural and natural heritage, situated in its territory and
suitable for inclusion in the list provided for in paragraph 2 of this Article.
This inventory, which shall not be considered exhaustive, shall include
documentation about the location of the property in question and its
significance.
2. On the basis of the inventories submitted by States in accordance with
paragraph 1, the Committee shall establish, keep up to date and publish, under
the title of "World Heritage List," a list of properties forming part
of the cultural heritage and natural heritage, as defined in Articles 1 and 2 of
this Convention, which it considers as having outstanding universal value in
terms of such criteria as it shall have established. An updated list shall be
distributed at least every two years.
3. The inclusion of a property in the World Heritage List requires the consent
of the State concerned. The inclusion of a property situated in a territory,
sovereignty or jurisdiction over which is claimed by more than one State shall
in no way prejudice the rights of the parties to the dispute.
4. The Committee shall establish, keep up to date and publish, whenever
circumstances shall so require, under the title of "List of World Heritage
in Danger", a list of the property appearing in the World Heritage List for
the conservation of which major operations are necessary and for which
assistance has been requested under this Convention. This list shall contain an
estimate of the cost of such operations. The list may include only such property
forming part of the cultural and natural heritage as is threatened by serious
and specific dangers, such as the threat of disappearance caused by accelerated
deterioration, large- scale public or private projects or rapid urban or tourist
development projects; destruction caused by changes in the use or ownership of
the land; major alterations due to unknown causes; abandonment for any reason
whatsoever; the outbreak or the threat of an armed conflict; calamities and
cataclysms; serious fires, earthquakes, landslides; volcanic eruptions; changes
in water level, floods and tidal waves. The Committee may at any time, in case
of urgent need, make a new entry in the List of World Heritage in Danger and
publicize such entry immediately.
5. The Committee shall define the criteria on the basis of which a property
belonging to the cultural or natural heritage may be included in either of the
lists mentioned in paragraphs 2 and 4 of this article.
6. Before refusing a request for inclusion in one of the two lists mentioned in
paragraphs 2 and 4 of this article, the Committee shall consult the State Party
in whose territory the cultural or natural property in question is situated.
7. The Committee shall, with the agreement of the States concerned, co-ordinate
and encourage the studies and research needed for the drawing up of the lists
referred to in paragraphs 2 and 4 of this article.
Article 12
The fact that a property belonging to the cultural or
natural heritage has not been included in either of the two lists mentioned in
paragraphs 2 and 4 of Article 11 shall in no way be construed to mean that it
does not have an outstanding universal value for purposes other than those
resulting from inclusion in these lists.
Article 13
1. The World Heritage Committee shall receive and study
requests for international assistance formulated by States Parties to this
Convention with respect to property forming part of the cultural or natural
heritage, situated in their territories, and included or potentially suitable
for inclusion in the lists mentioned referred to in paragraphs 2 and 4 of
Article 11. The purpose of such requests may be to secure the protection,
conservation, presentation or rehabilitation of such property.
2. Requests for international assistance under paragraph 1 of this article may
also be concerned with identification of cultural or natural property defined in
Articles 1 and 2, when preliminary investigations have shown that further
inquiries would be justified.
3. The Committee shall decide on the action to be taken with regard to these
requests, determine where appropriate, the nature and extent of its assistance,
and authorize the conclusion, on its behalf, of the necessary arrangements with
the government concerned.
4. The Committee shall determine an order of priorities for its operations. It
shall in so doing bear in mind the respective importance for the world cultural
and natural heritage of the property requiring protection, the need to give
international assistance to the property most representative of a natural
environment or of the genius and the history of the peoples of the world, the
urgency of the work to be done, the resources available to the States on whose
territory the threatened property is situated and in particular the extent to
which they are able to safeguard such property by their own means.
5. The Committee shall draw up, keep up to date and publicize a list of property
for which international assistance has been granted.
6. The Committee shall decide on the use of the resources of the Fund
established under Article 15 of this Convention. It shall seek ways of
increasing these resources and shall take all useful steps to this end.
7. The Committee shall co-operate with international and national governmental
and non-governmental organizations having objectives similar to those of this
Convention. For the implementation of its programmes and projects, the Committee
may call on such organizations, particularly the International Centre for the
Study of the Preservation and Restoration of cultural Property (the Rome
Centre), the International Council of Monuments and Sites (ICOMOS) and the
International Union for Conservation of Nature and Natural Resources (IUCN), as
well as on public and private bodies and individuals.
8. Decisions of the Committee shall be taken by a majority of two-thirds of its
members present and voting. A majority of the members of the Committee shall
constitute a quorum.
Article 14
1. The World Heritage Committee shall be assisted by a
Secretariat appointed by the Director-General of the United Nations Educational,
Scientific and Cultural Organization.
2. The Director-General of the United Nations Educational, Scientific and
Cultural Organization, utilizing to the fullest extent possible the services of
the International Centre for the Study of the Preservation and the Restoration
of Cultural Property (the Rome Centre), the International Council of Monuments
and Sites (ICOMOS) and the International Union for Conservation of Nature and
Natural Resources (IUCN) in their respective areas of competence and capability,
shall prepare the Committee's documentation and the agenda of its meetings and
shall have the responsibility for the implementation of its decisions.
IV. FUND FOR THE PROTECTION OF THE WORLD CULTURAL AND NATURAL
HERITAGE
Article 15
1. A Fund for the Protection of the World Cultural and
Natural Heritage of Outstanding Universal Value, called "the World Heritage
Fund", is hereby established.
2. The Fund shall constitute a trust fund, in conformity with the provisions of
the Financial Regulations of the United Nations Educational, Scientific and
Cultural Organization.
3. The resources of the Fund shall consist of:
a. compulsory and voluntary contributions made by States Parties to this
Convention,
b. Contributions, gifts or bequests which may be made by:
i. other States;
ii. the United Nations Educational, Scientific and Cultural Organization, other
organizations of the United Nations system, particularly the United Nations
Development Programme or other intergovernmental organizations;
iii. public or private bodies or individuals;
c. any interest due on the resources of the Fund;
d. funds raised by collections and receipts from events organized for the
benefit of the fund; and
e. all other resources authorized by the Fund's regulations, as drawn up by the
World Heritage Committee.
4. Contributions to the Fund and other forms of assistance made available to the
Committee may be used only for such purposes as the Committee shall define. The
Committee may accept contributions to be used only for a certain programme or
project, provided that the Committee shall have decided on the implementation of
such programme or project. No political conditions may be attached to
contributions made to the Fund.
Article 16
1. Without prejudice to any supplementary voluntary
contribution, the States Parties to this Convention undertake to pay regularly,
every two years, to the World Heritage Fund, contributions, the amount of which,
in the form of a uniform percentage applicable to all States, shall be
determined by the General Assembly of States Parties to the Convention, meeting
during the sessions of the General Conference of the United Nations Educational,
Scientific and Cultural Organization. This decision of the General Assembly
requires the majority of the States Parties present and voting, which have not
made the declaration referred to in paragraph 2 of this Article. In no case
shall the compulsory contribution of States Parties to the Convention exceed 1%
of the contribution to the regular budget of the United Nations Educational,
Scientific and Cultural Organization.
2. However, each State referred to in Article 31 or in Article 32 of this
Convention may declare, at the time of the deposit of its instrument of
ratification, acceptance or accession, that it shall not be bound by the
provisions of paragraph 1 of this Article.
3. A State Party to the Convention which has made the declaration referred to in
paragraph 2 of this Article may at any time withdraw the said declaration by
notifying the Director-General of the United Nations Educational, Scientific and
Cultural Organization. However, the withdrawal of the declaration shall not take
effect in regard to the compulsory contribution due by the State until the date
of the subsequent General Assembly of States parties to the Convention.
4. In order that the Committee may be able to plan its operations effectively,
the contributions of States Parties to this Convention which have made the
declaration referred to in paragraph 2 of this Article, shall be paid on a
regular basis, at least every two years, and should not be less than the
contributions which they should have paid if they had been bound by the
provisions of paragraph 1 of this Article.
5. Any State Party to the Convention which is in arrears with the payment of its
compulsory or voluntary contribution for the current year and the calendar year
immediately preceding it shall not be eligible as a Member of the World Heritage
Committee, although this provision shall not apply to the first election.
The terms of office of any such State which is already a member of the Committee
shall terminate at the time of the elections provided for in Article 8,
paragraph 1 of this Convention.
Article 17
The States Parties to this Convention shall consider or
encourage the establishment of national public and private foundations or
associations whose purpose is to invite donations for the protection of the
cultural and natural heritage as defined in Articles 1 and 2 of this Convention.
Article 18
The States Parties to this Convention shall give their
assistance to international fund-raising campaigns organized for the World
Heritage Fund under the auspices of the United Nations Educational, Scientific
and Cultural Organization. They shall facilitate collections made by the bodies
mentioned in paragraph 3 of Article 15 for this purpose.
V. CONDITIONS AND ARRANGEMENTS FOR INTERNATIONAL ASSISTANCE
Article 19
Any State Party to this Convention may request
international assistance for property forming part of the cultural or natural
heritage of outstanding universal value situated within its territory. It shall
submit with its request such information and documentation provided for in
Article 21 as it has in its possession and as will enable the Committee to come
to a decision.
Article 20
Subject to the provisions of paragraph 2 of Article 13,
sub-paragraph (c) of Article 22 and Article 23, international assistance
provided for by this Convention may be granted only to property forming part of
the cultural and natural heritage which the World Heritage Committee has
decided, or may decide, to enter in one of the lists mentioned in paragraphs 2
and 4 of Article 11.
Article 21
1. The World Heritage Committee shall define the procedure
by which requests to it for international assistance shall be considered and
shall specify the content of the request, which should define the operation
contemplated, the work that is necessary, the expected cost thereof, the degree
of urgency and the reasons why the resources of the State requesting assistance
do not allow it to meet all the expenses. Such requests must be supported by
experts' reports whenever possible.
2. Requests based upon disasters or natural calamities should, by reasons of the
urgent work which they may involve, be given immediate, priority consideration
by the Committee, which should have a reserve fund at its disposal against such
contingencies.
3. Before coming to a decision, the Committee shall carry out such studies and
consultations as it deems necessary.
Article 22
Assistance granted by the World Heritage Committee may
take the following forms:
a. studies concerning the artistic, scientific and technical problems raised by
the protection, conservation, presentation and rehabilitation of the cultural
and natural heritage, as defined in paragraphs 2 and 4 of Article 11 of this
Convention;
b. provisions of experts, technicians and skilled labour to ensure that the
approved work is correctly carried out;
c. training of staff and specialists at all levels in the field of
identification, protection, conservation, presentation and rehabilitation of the
cultural and natural heritage;
d. supply of equipment which the State concerned does not possess or is not in a
position to acquire;
e. low-interest or interest-free loans which might be repayable on a long-term
basis;
f. the granting, in exceptional cases and for special reasons, of non-repayable
subsidies.
Article 23
The World Heritage Committee may also provide
international assistance to national or regional centres for the training of
staff and specialists at all levels in the field of identification, protection,
conservation, presentation and rehabilitation of the cultural and natural
heritage.
Article 24
International assistance on a large scale shall be
preceded by detailed scientific, economic and technical studies. These studies
shall draw upon the most advanced techniques for the protection, conservation,
presentation and rehabilitation of the natural and cultural heritage and shall
be consistent with the objectives of this Convention. The studies shall also
seek means of making rational use of the resources available in the State
concerned.
Article 25
As a general rule, only part of the cost of work necessary
shall be borne by the international community. The contribution of the State
benefiting from international assistance shall constitute a substantial share of
the resources devoted to each programme or project, unless its resources do not
permit this.
Article 26
The World Heritage Committee and the recipient State shall
define in the agreement they conclude the conditions in which a programme or
project for which international assistance under the terms of this Convention is
provided, shall be carried out. It shall be the responsibility of the State
receiving such international assistance to continue to protect, conserve and
present the property so safeguarded, in observance of the conditions laid down
by the agreement.
VI. EDUCATIONAL PROGRAMMES
Article 27
1. The States Parties to this Convention shall endeavor by
all appropriate means, and in particular by educational and information
programmes, to strengthen appreciation and respect by their peoples of the
cultural and natural heritage defined in Articles 1 and 2 of the Convention.
2. They shall undertake to keep the public broadly informed of the dangers
threatening this heritage and of the activities carried on in pursuance of this
Convention.
Article 28
States Parties to this Convention which receive
international assistance under the Convention shall take appropriate measures to
make known the importance of the property for which assistance has been received
and the role-played by such assistance.
VII. REPORTS
Article 29
1. The States Parties to this Convention shall, in the
reports which they submit to the General Conference of the United Nations
Educational, Scientific and Cultural Organization on dates and in a manner to be
determined by it, give information on the legislative and administrative
provisions which they have adopted and other action which they have taken for
the application of this Convention, together with details of the experience
acquired in this field.
2. These reports shall be brought to the attention of the World Heritage
Committee.
3. The Committee shall submit a report on its activities at each of the ordinary
sessions of the General Conference of the United Nations Educational, Scientific
and Cultural Organization.
VIII. FINAL CLAUSES
Article 30
This Convention is drawn up in Arabic, English, French,
Russian and Spanish, the five texts being equally authoritative.
Article 31
1. This Convention shall be subject to ratification or
acceptance by States members of the United Nations Educational, Scientific and
Cultural Organization in accordance with their respective constitutional
procedures.
2. The instruments of ratification or acceptance shall be deposited with the
Director-General of the United Nations Educational, Scientific and Cultural
Organization.
Article 32
1. This Convention shall be open to accession by all
States not members of the United Nations Educational, Scientific and Cultural
Organization which are invited by the General Conference of the Organization to
accede to it.
2. Accession shall be effected by the deposit of an instrument of accession with
the Director-General of the United Nations Educational, Scientific and Cultural
Organization.
Article 33
This Convention shall enter into force three months after
the date of the deposit of the twentieth instrument of ratification, acceptance
or accession, but only with respect to those States which have deposited their
respective instruments of ratification, acceptance or accession on or before
that date. It shall enter into force with respect to any other State three
months after the deposit of its instrument of ratification, acceptance or
accession.
Article 34
The following provisions shall apply to those States
Parties to this Convention which have a federal or non-unitary constitutional
system:
a. with regard to the provisions of this Convention, the implementation of which
comes under the legal jurisdiction of the federal or central legislative power,
the obligations of the federal or central government shall be the same as for
those States parties which are not federal States;
b. with regard to the provisions of this Convention, the implementation of which
comes under the legal jurisdiction of individual constituent States, countries,
provinces or cantons that are not obliged by the constitutional system of the
federation to take legislative measures, the federal government shall inform the
competent authorities of such States, countries, provinces or cantons of the
said provisions, with its recommendation for their adoption.
Article 35
1. Each State Party to this Convention may denounce the
Convention.
2. The denunciation shall be notified by an instrument in writing, deposited
with the Director-General of the United Nations Educational, Scientific and
Cultural Organization.
3. The denunciation shall take effect twelve months after the receipt of the
instrument of denunciation. It shall not affect the financial obligations of the
denouncing State until the date on which the withdrawal takes effect.
Article 36
The Director-General of the United Nations Educational,
Scientific and Cultural Organization shall inform the States members of the
Organization, the States not members of the Organization which are referred to
in Article 32, as well as the United Nations, of the deposit of all the
instruments of ratification, acceptance, or accession provided for in Articles
31 and 32, and of the denunciations provided for in Article 35.
Article 37
1. This Convention may be revised by the General
Conference of the United Nations Educational, Scientific and Cultural
Organization. Any such revision shall, however, bind only the States which shall
become Parties to the revising convention.
2. If the General Conference should adopt a new convention revising this
Convention in whole or in part, then, unless the new convention otherwise
provides, this Convention shall cease to be open to ratification, acceptance or
accession, as from the date on which the new revising convention enters into
force.
Article 38
In conformity with Article 102 of the Charter of the
United Nations, this Convention shall be registered with the Secretariat of the
United Nations at the request of the Director-General of the United Nations
Educational, Scientific and Cultural Organization.
Done in Paris, this twenty-third day of November 1972, in
two authentic copies bearing the signature of the President of the seventeenth
session of the General Conference and of the Director-General of the United
Nations Educational, Scientific and Cultural Organization, which shall be
deposited in the archives of the United Nations Educational, Scientific and
Cultural Organization, and certified true copies of which shall be delivered to
all the States referred to in Articles 31 and 32 as well as to the United
Nations.
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