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.
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:
- 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;
- 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;
- 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;
- to take the appropriate legal, scientific, technical, administrative and
financial measures
necessary for the identification, protection, conservation, presentation and
rehabilitation of this
heritage; and
- 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
- 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.
- 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.
- 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
- 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.
- Election of members of the Committee shall ensure an equitable
representation of the different regions and cultures of the world.
- 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
- 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.
- 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.
- States members of the Committee shall
choose
as their representatives persons qualified in the field of
the cultural or natural heritage.
Article 10
- The World Heritage Committee shall adopt its Rules of Procedure.
- The Committee may at any time invite
public
or private organizations or individuals to participate in its meetings for
consultation on particular problems.
- The Committee may create such
consultative
bodies as it deems necessary for the
performance of its functions.
Article 11
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- The Committee shall draw up, keep up to date and publicize a list of
property for which international assistance has been granted.
- 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.
- 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.
- 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
- The World Heritage Committee shall be assisted by a Secretariat appointed
by the Director-General of the United Nations Educational, Scientific
and Cultural Organization.
- 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.
Article 15
- A Fund for the Protection of the World Cultural and Natural Heritage of
Outstanding Universal Value, called "the World Heritage Fund", is hereby
established.
- 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.
- The resources of the Fund shall consist of:
- compulsory and voluntary contributions made by States Parties to this
Convention,
- Contributions, gifts or bequests which may be made by:
- other States;
- 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;
- public or private bodies or individuals;
- any interest due on the resources of the Fund;
- funds raised by collections and receipts from events organized for the
benefit of the fund; and
- all other resources authorized by the Fund's regulations, as drawn up by
the World Heritage Committee.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
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
- 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.
- 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.
- 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:
- 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;
- provisions of experts, technicians and skilled labour to ensure that the
approved work is correctly carried out;
- training of staff and specialists at all levels in the field of
identification, protection, conservation, presentation and rehabilitation of
the cultural and natural heritage;
- supply of equipment which the State concerned does not possess or is not
in
a position to acquire;
- low-interest or interest-free loans which might be repayable on a
long-term
basis;
- 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.
Article 27
- 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.
- 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.
Article 29
- 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.
- These reports shall be brought to the attention of the World Heritage
Committee.
- 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.
Article 30
This Convention is drawn up in Arabic, English, French, Russian and Spanish,
the
five texts being equally authoritative.
Article 31
- 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.
- The instruments of ratification or acceptance shall be deposited with the
Director-General of the United Nations Educational, Scientific and
Cultural Organization.
Article 32
- 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.
- 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:
- 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;
- 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
- Each State Party to this Convention may denounce the Convention.
- The denunciation shall be notified by an instrument in writing, deposited
with the Director-General of the United Nations Educational,
Scientific and Cultural Organization.
- 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
- 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.
- 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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