Convention Concerning the Protection of the World Cultural and Natural Heritage
The General Conference of UNESCO, meeting in Paris from 17 October to 21 November 1972 at its 17th session, Bearing in mind that the cultural and natural heritage is increasingly threatened with destruction not only by traditional causes of decay but also by changing socio-economic conditions which exacerbate the situation by even more serious phenomena of damage or destruction;
Considering that the decline or destruction of any item of the cultural or natural heritage constitutes an irreplaceable impoverishment of the heritage of all the peoples of the world;
Considering that the protection of this heritage at the national level is often incomplete due to the scale of the resources it requires and the insufficient economic, scientific and technical resources of the country where the property to be protected is located;
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Recalling that the Constitution of the Organization provides that it shall maintain, increase and disseminate knowledge by ensuring the protection of the world heritage and by recommending the necessary international conventions to the peoples concerned;
Considering that existing international conventions, recommendations and resolutions concerning cultural and natural property demonstrate the importance to all peoples of the world of the protection of this unique and irreplaceable property, whatever nation it may belong to;
Considering that parts of the cultural or natural heritage are of exceptional importance and for this reason should be preserved as part of the world heritage of humanity as a whole;
Considering that, in view of the volume and seriousness of the new dangers threatening the cultural and natural heritage, it is the duty of the international community as a whole to participate in the protection of the cultural and natural heritage of outstanding universal value by providing collective assistance which, while not replacing the measures of the State concerned, will serve as an effective complement to them;
Considering that, to this end, it is necessary 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 shall become the subject of an international convention;
adopts this sixteenth day of November 1972 the following Convention:
I. Definition of cultural and natural heritage
Art. 1
For the purposes of this Convention, the following shall be considered as "cultural heritage": monuments: works of architecture, works of monumental sculpture and painting, elements or structures
archaeological in nature, inscriptions, cave dwellings and combinations of elements 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, by reason of their architecture, their uniformity or their location in the landscape, are of outstanding universal value from the point of view of history, art or science;
sites: creations of man or combined works of nature and man and areas including archaeological sites of outstanding universal value from the historical, aesthetic, ethnological or from an anthropological point of view.
Art. 2
For the purposes of this Convention, the following shall be considered as "natural heritage":
- natural phenomena formed by physical and biological formations or groups of such formations that have
- outstanding universal value from an aesthetic or scientific point of view; geological and physiographic formations and precisely defined areas which constitute the natural range of endangered species of animals and plants of outstanding universal value from the point of view of science or nature conservation;
- natural sites or precisely defined natural areas of world value from the point of view of science, nature conservation or natural beauty.
Art. 3
It is within the competence of each Contracting Party to determine and delimit the property situated in its territory in accordance with Articles 1 and 2.
II. National protection and international protection of cultural and natural heritage
Art. 4
Each State Party recognizes that it is its primary duty to ensure 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 within its territory. To this end, it shall do everything possible to the maximum extent of its own resources and, where appropriate, with such international assistance and cooperation, particularly financial, artistic, scientific and technical, as it may be able to obtain.
Art. 5
In order to ensure effective and up-to-date measures for the protection, conservation and presentation of the cultural and natural heritage located in the territory of the Contracting State, it shall, to the extent possible and appropriate, endeavour to:
- adopting a general policy aimed at strengthening the role of cultural and natural heritage in community life and incorporating the protection of this heritage into comprehensive planning programmes;
- the establishment of services for the protection, conservation and presentation of cultural and natural heritage, with competent staff and the means to carry out these functions, in their territories where such services do not exist;
- the development of scientific and technical studies and research and the elaboration of working methods with which the State will be able to act against the dangers which threaten its cultural or national heritage;
- the adoption of the appropriate legal, scientific, technical, administrative and financial measures necessary for the designation, protection, conservation, presentation and restoration of this heritage; and
- support for the creation or development of national or regional centres for training in the field of protection, conservation and presentation of cultural and natural heritage and o support for scientific research in this field.
Art.6
- The Contracting States, fully respecting the sovereignty of the States in whose territory the cultural and natural heritage referred to in Articles 1 and 2 is situated, and without prejudice to the rights of ownership determined by national law, recognize that such heritage constitutes the world heritage, for the protection of which it is the duty of the international community as a whole to cooperate.
- The States Parties undertake, in accordance with the provisions of this Convention, to provide their assistance in the identification, protection and conservation of the cultural and natural heritage referred to in paragraphs 2 and 4 of Article 11, if so requested by the States on whose territory the heritage is situated.
- Each Contracting State undertakes not to take any arbitrary measures which could directly or indirectly damage the cultural and natural heritage referred to in Articles 1 and 2 situated in the territory of other Contracting States.
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Art.7
For the purposes of this Convention, the international protection of the world cultural and natural heritage shall be understood as the establishment of a system of international cooperation and assistance with the aim of supporting the States Parties in their efforts to conserve and designate this heritage.
III. Intergovernmental Committee for the Protection of the World Cultural and Natural Heritage
Art.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 UNESCO. It shall consist of 15 States Parties elected by the States Parties meeting in the General Assembly during the ordinary session of the General Conference of UNESCO. The number of States members of the Committee shall be increased to 21 from the date of the ordinary session of the General Conference following the entry into force of this Convention for at least 40 States.
- The election of Committee members will ensure fair representation of the world's diverse regions and cultures.
- The meetings of the Committee may be attended in an advisory capacity by 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 on Monuments and Sites (ICOMOS) and a representative of the International Union for Conservation of Nature and Natural Resources (IUCN), who may also be joined, at the request of the States Parties meeting in the General Assembly during the ordinary sessions of the General Conference of UNESCO, by representatives of other intergovernmental or non-governmental organizations of a similar nature.
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Art.9
- The term of office of the States Members of the World Heritage Committee shall begin at the end of the ordinary session of the General Conference during which they are elected and shall end at the end of its third successive ordinary session.
- However, the term of office of one third of the members elected at the first election shall expire 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 another third of the members elected at the same time shall expire 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 UNESCO after the first election.
- The States members of the Committee shall elect as their representatives persons qualified in the field of cultural or natural heritage.
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Art.10
- The World Heritage Committee shall adopt its rules of procedure.
- The Committee may at any time invite public or private organisations or individuals to participate in its meetings for the purpose of consultation on individual issues.
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Art.11
- Each State Party shall, as far as possible, submit to the World Heritage Committee an inventory of the property forming part of the cultural and natural heritage situated on its territory and meeting the requirements for inclusion in the List referred to in paragraph 2 of this Article. This inventory, which shall not be considered exhaustive, shall include documentation concerning the location of the property and its significance.
- On the basis of the inventories submitted by States in accordance with paragraph 1, the Committee shall establish, update and publish, under the title "World Heritage List", a list of properties forming part of the cultural and natural heritage as defined in Articles 1 and 2 of this Convention which it considers to be of outstanding universal value according to such criteria as it may determine. The updated list shall be circulated at least every two years.
- The inclusion of a property on the World Heritage List requires the consent of the State concerned. The inclusion of a property situated in a territory over which more than one State claims sovereign jurisdiction shall in no way affect the rights of the parties to the dispute.
- The Committee shall establish, update and publish, whenever circumstances require, under the title "List of World Heritage in Danger", a list of properties included in the "World Heritage List" for the conservation of which major operations are required and for which assistance has been requested under this Convention. This list shall include an estimate of the cost of such measures. Only properties forming part of the cultural and natural heritage may be included in the List which are at serious and particular risk, such as the threat of disappearance caused by accelerated demolition, large-scale public or private projects or projects of rapid urban or tourist development; destruction caused by changes in land use or ownership; major changes the cause of which is unknown; abandonment for any reason; the outbreak or threat of armed conflict; calamities and disasters, serious fires, earthquakes and landslides; volcanic eruptions; changes in water levels, 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 publish such entry immediately.
- The Committee shall determine the criteria on the basis of which property belonging to the cultural or natural heritage may be included in one of the lists referred to in paragraphs 2 and 4 of this article.
- Before rejecting a request for inclusion in one of the two lists referred to 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 consent of the States concerned, coordinate and promote the studies and research necessary for the establishment of the lists referred to in paragraphs 2 and 4 of this article.
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Art.12
The fact that property belonging to the cultural or natural heritage has not been included in one of the two lists mentioned in paragraphs 2 and 4 of Article 11 shall in no way be interpreted as meaning that it does not have outstanding universal value for purposes other than those resulting from its inclusion in those lists.
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Art.13
- The World Heritage Committee shall receive and examine requests for international assistance made by States Parties concerning property forming part of the cultural and natural heritage situated in their territory and included in the lists referred to in paragraphs 2 and 4 of Article 11 or suitable for inclusion in those lists. The purpose of such requests may be to ensure the protection, conservation, presentation or restoration of such property.
- Requests for international assistance under paragraph 1 of this Article may also concern the identification of cultural or natural property as defined in Articles 1 and 2, where preliminary investigations have shown that further investigation would be justified.
- The Committee shall decide on the action to be taken in respect of such requests, shall, where appropriate, determine the nature and extent of its assistance and shall authorize the conclusion of the necessary agreements with the Government concerned on its behalf.
- The Committee shall determine the order of priorities for its operations, bearing in mind the importance to the world cultural and natural heritage of the property requiring protection, the need to provide international assistance to the property which is most representative of the natural environment or of the genius and history of the peoples of the world, the urgency of the work to be carried out, the resources available to the State in whose territory the property in danger is situated and, in particular, the extent to which it is able to safeguard such property by its own means.
- The Committee will compile, update and publish a list of objects to which international assistance has been provided.
- 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 appropriate steps to this end.
- The Committee shall cooperate with international and national governmental and non-governmental organizations pursuing similar objectives to this Convention. For the purpose of carrying out its programmes and projects, the Committee may have recourse to such organizations, in particular the International Centre for Research on the Preservation and Restoration of Cultural Property (Rome Centre), the International Council on Monuments and Sites (ICOMOS) and the International Union for Conservation of Nature and Natural Resources (IUCN), as well as to public and private bodies and individuals.
- Decisions of the Committee shall be taken by a two-thirds majority of the members present and voting. A majority of the members of the Committee shall constitute a quorum.
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Art.14
- The World Heritage Committee will be assisted by a secretariat appointed by the Director-General of UNESCO.
- The Director-General of UNESCO, making use to the maximum extent possible of the services of the International Centre for Research on the Preservation and Restoration of Cultural Property (Rome Centre), the International Council on Monuments and Sites (ICOMOS) and the International Union for Conservation of Nature and Natural Resources (IUCN) in areas of their competence and capabilities, shall prepare the documentation of the Committee and the programme of its meetings and shall be responsible for the implementation of its decisions.
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IV. Fund for the Protection of the World Cultural and Natural Heritage
Art.15
- There is hereby established a Fund for the Protection of the World Cultural and Natural Heritage of Outstanding Universal Value, to be known as the "World Heritage Fund".
- The Fund shall establish a trust fund in accordance with the provisions of the UNESCO financial regulations.
- The resources of the Fund shall consist of:
- compulsory and voluntary contributions from States Parties;
- contributions, gifts or bequests which may be made by:
- other States;
- UNESCO, other organizations within the United Nations system, in particular UNDP, or other intergovernmental organizations;
- public or private bodies or individuals;
- any interest accruing to the resources of the Fund;
- funds generated by collections and proceeds from events organized for the benefit of the Fund; and
- any other resources in accordance with the regulations of the Fund as proposed 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 may determine. The Committee may accept contributions to be used only for a specific programme or project, provided that the Committee decides on the implementation of such programme or project. No political conditions may be attached to contributions made to the Fund.
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Art.16
- Without prejudice to additional voluntary contributions, the States Parties undertake to pay regularly, every two years, to the World Heritage Fund contributions the amount of which, in the form of a uniform percentage rate applied to all States, shall be established by the General Assembly of the States Parties to this Convention, meeting during the session of the General Conference of UNESCO. This decision of the General Assembly shall require a majority of the States Parties present and voting which have not made a declaration under paragraph 2 of this Article. The mandatory contribution of the States Parties to the Convention shall in no case exceed 1% of the contribution to the regular budget of UNESCO.
- However, any State referred to in Article 31 or 32 of this Convention may, at the time of depositing its instrument of ratification, acceptance or accession, declare that it will 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 notification addressed to the Director-General of UNESCO. The withdrawal of the declaration shall not, however, take effect in respect of the compulsory contribution payable by that State up to the date of the next General Assembly of States Parties to the Convention.
- For the purpose of the Committee's effective planning of its activities, States Parties which have made a declaration in accordance with paragraph 2 of this article shall pay their contributions regularly, at least every two years, and shall not be less than the contributions which they would have to pay if they were bound by the provisions of paragraph 1 of this article.
- A State Party which is in arrears with the payment of its compulsory or voluntary contribution for the current year and the immediately preceding calendar year shall not be elected as a member of the World Heritage Committee; this provision shall not apply to the first elections. The term of office of any such State which is already a member of the Committee shall expire at the time of the elections provided for in Article 8, paragraph 1, of this Convention.
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Art.17
States Parties shall consider or encourage the establishment of national, public and private foundations or associations whose purpose is to encourage donations for the protection of the cultural and natural heritage as defined in Articles 1 and 2 of this Convention.
Art.18
The States Parties shall lend their assistance to international fundraising campaigns organized for the World Heritage Fund under the auspices of UNESCO. They shall facilitate collections organized for this purpose by the bodies mentioned in paragraph 3 of Article 15. V. Conditions and arrangements for international assistance
Art.19
Any State Party may request international assistance for property forming part of the cultural and natural heritage of outstanding universal value situated in its territory. It shall submit with its request such information and documentation as is available to it in accordance with Article 21 and which will enable the Committee to take a decision.
Art.20
In accordance with the provisions of paragraph 2 of Article 13(c), Article 22 and Article 23, international assistance provided for in this Convention may be provided only in the case of property forming part of the cultural and natural heritage which the World Heritage Committee has decided or may decide to include in one of the lists referred to in paragraphs 2 and 4 of Article 11.
Čl.21
- The World Heritage Committee shall establish a procedure for the consideration of requests for international assistance, specifying the content of the request, which should define the measure envisaged, the work required, the expected cost of the operation, the degree of urgency and the reasons why the resources of the requesting State do not allow for the full cost to be covered. Such requžests shall be supported, whenever possible, by expert reports.
- Requests for reasons of disasters or natural calamities should be considered by the Committee on a priority basis, given the urgency of the work they may involve. The Committee should have a reserve fund for such unforeseen events.
- Before reaching a decision, the Committee shall carry out such inquiries and consultations as it deems necessary.
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Art.22
Assistance provided by the World Heritage Committee may include the following forms:
- research into artistic, scientific and technical problems arising from the protection, conservation, presentation and restoration of the cultural and natural heritage, as enshrined in paragraphs 2 and 4 of Article 11 of this Convention;
- provision of experts, technicians and experienced workers to ensure the proper execution of the works;
- training of workers and specialists at all levels in the field of designation, protection, conservation, presentation and restoration of cultural and natural heritage;
- the supply of equipment that the state concerned does not own or cannot obtain;
- low-interest or interest-free loans repayable on a long-term basis;
- providing, in exceptional cases and for specific reasons, non-refundable contributions.
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Art.23
The World Heritage Committee may also provide international assistance to national or regional centres for the training of workers and specialists at all levels in the field of the designation, protection, conservation, presentation and restoration of cultural and natural heritage.
Art.24
Extensive international assistance shall be preceded by detailed scientific, economic and technical studies. These studies shall propose the most modern techniques for the conservation, presentation and restoration of the natural and cultural heritage and shall be consistent with the objectives of this Convention. The studies shall also seek ways of rationally utilizing the resources available to the State concerned.
Art.25
As a general rule, the international community will only cover part of the costs of the necessary works. The contribution of the State benefiting from international assistance will constitute a substantial part of the resources devoted to each programme or project, unless its resources do not permit it.
Art.26
The World Heritage Committee and the recipient State shall establish, by agreement to be concluded, the conditions under which a programme or project for which international assistance is provided under this Convention shall be carried out. The responsibility of the State receiving such international assistance shall continue, subject to the conditions established by agreement, to protect, preserve and present the property so provided.
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VI. Educational programs
Art.27
- The States Parties shall endeavour by all appropriate means, and in particular through educational and information programmes, to promote ever greater appreciation and respect among their peoples for the cultural and natural heritage defined in Articles 1 and 2 of the Convention.
- The States Parties undertake to inform the public widely about the dangers threatening this heritage and about the actions taken under this Convention.
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Art.28
States Parties which receive international assistance under the Convention shall take appropriate measures to ensure that the significance of the property for which assistance has been received and the role played by such assistance are made known.
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VII. Reports
Art.29
- The States Parties shall inform, in the reports they submit to the General Conference of UNESCO, at the time and in the manner to be determined by the latter, of the legal and administrative measures they have adopted and of the other measures they have taken for the purpose of implementing this Convention, together with details of the experience they have acquired in this field.
- These reports shall be brought to the attention of the World Heritage Committee.
- The Committee shall present a report on its activities at each ordinary session of the General Conference of UNESCO.
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VIII. Final clauses
Art.30
This Convention is drawn up in Arabic, English, French, Russian and Spanish, all five texts being equally authentic.
Art.31
- This Convention shall be subject to ratification or acceptance by Member States of UNESCO in accordance with their respective constitutional procedures.
- Instruments of ratification or acceptance shall be deposited with the Director-General of UNESCO.
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Art.32
- This Convention shall be open to accession by all States not Members of UNESCO which the General Conference of the Organization shall invite to accede.
- Accession shall take effect upon the deposit of the instrument of accession with the Director-General of UNESCO.
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Art.33
This Convention shall enter into force three months after the deposit of the twentieth instrument of ratification, acceptance or accession, but only for those States which have deposited their instruments of ratification, acceptance or accession on or before that date. For any other State it shall enter into force three months after the deposit of its instrument of ratification, acceptance or accession.
Art.34
The following provisions shall apply to those Contracting States which have a federal or non-centralist constitutional system:
- with regard to the provisions of this Convention the implementation of which falls within the jurisdiction of the federal or central legislative authority, the obligations of the federal or central Government shall be the same as for Contracting States which are not federal States;
- with regard to the provisions of this Convention the implementation of which falls within the jurisdiction of individual sub-States, countries, provinces or cantons which are not bound by the constitutional system of the federation to adopt legislative measures, the Federal Government shall inform the competent authorities of such States, countries, provinces or cantons of the said measures together with its recommendation for their adoption.
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Art.35
- Any Contracting State may denounce the Convention.
- Denunciation shall be notified in writing by an instrument deposited with the Director-General of UNESCO.
- The denunciation shall take effect twelve months after the receipt of the instrument of denunciation and shall not affect the financial obligations of the denouncing State until the date on which the denunciation takes effect.
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Art.36
The Director-General of UNESCO shall inform the Member States of the Organization, the non-member States referred to in Article 32, and the United Nations of the deposit of all instruments of ratification, acceptance or accession referred to in Articles 31 and 32, as well as of the denunciations of the Convention referred to in Article 35.
Art.37
- This Convention may be amended by the General Conference of UNESCO. Any amendment shall, however, be binding only on those States which become Parties to the amended Convention.
- Should the General Conference 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 comes into force.
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Art.38
In accordance 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 UNESCO. Done at Paris this twenty-third day of November 1972, in two originals bearing the signature of the President of the seventeenth session of the General Conference of UNESCO, certified true copies of which shall be transmitted to all States referred to in Articles 31 and 32, as well as to the United Nations. The text is the original of the Recommendation duly adopted by the General Conference of UNESCO at its seventeenth session, held in Paris and declared closed on the twenty-first day of November 1972. In witness whereof we have hereunto affixed our signatures on this twenty-first day of November 1972.
President of the General Conference Director General