放牛班的课堂

By Zhang Zixuan (China Daily)
Updated: 2011-06-11 07:52

While director Zhang Yimou won the 2010 lawsuit brought against him by Guizhou province's Anshun Bureau of Culture, he would likely have lost if it were to have happened after June 1 this year, when the first legislation to deal with intangible cultural heritage (ICH) law was adopted.

After the passage of the Law of the People's Republic of China on Intangible Cultural Heritage, the court may have ruled in favor of the culture bureau, which filed litigation against the director for renaming Anshun Dixi Opera - a national-level ICH category - as "Yunnan Mask Opera" in his film, Riding Alone for Thousands of Miles.

The law, which the National People's Congress (NPC) approved on Feb 25, addresses the status of 45 items in six chapters. It clarifies regulations and principles pertinent to ICH's preservation, protection, investigation, representative listing, development and succession.

"It's a milestone," Minister of Culture Cai Wu says.





Women of the Yi ethnic group from Liangshan Yi autonomous prefecture, Sichuan province, show their traditional attire during the 3rd Chengdu International Festival of Intangible Cultural Heritage. Zhang Zixuan / China Daily



While ICH has hovered in legal limbo, its protection has made great progress since China joined UNESCO's Convention for the Safeguarding of the Intangible Cultural Heritage in 2004.

The country announced two batches comprising 1,028 national-level ICH entries in 2006 and 2008. And between 2007 and 2009, the government identified 1,488 national-level representative ICH inheritors.

In 2010, China became the country with the most entries - 34 - on UNESCO's ICH list.

It has nearly completed the first nationwide ICH census, which began in 2005. The census tallied nearly 870,000 ICH items, paid 1.15 million visits to ICH inheritors and collected 290,000 relevant items. It also published 140,000 volumes of documentation comprising 2 billion words.

"China has built a sophisticated ICH listing system at the national, provincial, city and county levels," the Ministry of Culture's ICH department director Ma Wenhui says.

On the eve of the ICH law's implementation, the State Council approved the third batch of national-level ICH items, adding 191 entries to the main list. It also selected 164 to add to the expanded list, which supplements the primary list, increasing the expanded list to 1,219 entries.

The moves come as ICH continues to face challenges. Globalization, industrialization and urbanization continue to devour the agrarian cultures from which ICH originates.

"Selling goods cannot save ICH, and being documented in museums cannot save ICH, either," UNESCO's intangible cultural heritage department director Cecile Duvelle says.

National Expert Committee for the Safeguarding of ICH member Tian Qing says, "Before this law, we had to rely on cultural self-consciousness, appeal and enthusiasm. Now that there is a law, those who don't protect ICH are criminals."

Tian explains that while the law stipulates that inheritors who fail to perform their succession obligations without legitimate reason can be removed from the list, it doesn't spell out dismissal procedures.

"Punitive measures related to the dismissal procedures need to be clarified to make the law more specific and feasible," Tian says.

Another potential milestone for ICH protection and development is the Chengdu Initiative. The initiative was issued by 69 government officials, scholars and ICH inheritors from around the world on June 11, the 6th National Cultural Heritage Day. It was produced at the 3rd Chengdu International Festival of Intangible Cultural Heritage.

It proposes that, "international cooperation of various forms shall be conducted by all countries at different levels to share experiences". The initiative also calls for "appeal(s) to governments, social organizations, academia and the general public to give high concern and attention to ICH and take effective safeguarding measures".

Festival participant Zhao Longlong says, "Legal protection makes us more willing to popularize our cultural treasures." The 67-year-old brought to the event the voice-activated automated shadow puppets he invented.

NPC culture office of education, science, culture and health committee director Zhu Bing, who co-drafted the legislation, says, "It's our common responsibility to safeguard ICH by law. This is integral to ICH's sustainable development."

China Daily

(China Daily 06/11/2011 page11)

放牛班的课堂

(Xinhua)
Updated: 2011-05-31 16:56

BEIJING - China's first law for the protection of intangible cultural heritage (ICH), including traditional oral literature, performing arts, craftsmanship, medicine and folk customs, will take effect on Wednesday.

Approved in February by the Standing Committee of the National People's Congress (NPC), the law has been hailed by experts as a milestone for China's efforts to better preserve its traditions of historic, literary, artistic and scientific value.

According to the law, the State Council and provincial governments must create lists of representative intangible cultural heritage for national and local levels, respectively.

Governments at all levels will assist with intangible cultural heritage preservation efforts in ethnic minority areas, remote areas and poverty-stricken areas.

Aside from providing effective protection, the law also encourages the development of cultural products and services based on rational use of the representative ICH items.

The law also supports representative heirs in carrying forward intangible cultural heritage items and conducting follow-up personnel training.

Cultural authorities must provide necessary places and funds for representative heirs to pass on related skills and knowledge and encourage participation in non-profit social activities, according to the law.

The law also states that foreign organizations and individuals, before conducting surveys of ICH, will be required to first obtain approval from cultural authorities that are at least on the provincial level.

Also, foreign organizations and individuals must submit their research reports along with copies of on-site data and pictures during the survey.

Statistics show that China has 1,028 state-level ICH items and 1,488 state-level representative heirs. The country's total ICH resources amount to nearly 870,000 items.

放牛班的课堂

Updated: 2011-02-25 20:41(Xinhua)

BEIJING - China's top legislature Friday passed the country's first law for intangible cultural heritage (ICH) to better preserve the nations's traditions of historic, literary, artistic or scientific value.

The law, to take effect on June 1, was approved at the end of the three-day bimonthly session of the National People's Congress (NPC) Standing Committee after the draft version was revised three times since August last year.

"It is a milestone for the country's ICH protection efforts," Vice Minister of Culture Wang Wenzhang told Xinhua in an interview.

ICH is responsible for the traditional cultural expressions and practices of China's various ethnic groups, which have been passed down through generations and have become part of the country's cultural heritage.

The ICH specifically covers traditional oral literature, performing arts, craftsmanship, medicine and folk customs. The law also recognizes material objects and the sites for performing practices.

The law provides that the State Council and provincial governments must create lists of representative ICH items for national and local levels, respectively. The agencies are also tasked to enhance protection efforts for ICH items.

According to the law, the country would assist ICH protection efforts in ethnic minority areas, remote areas and poverty-stricken areas.

Aside from providing effective protection, the law also encourages the development of cultural products and services based on rational use of the representative ICH items.

Governments should support such rational utilization activities conducted by related units, which could benefit from tax breaks, according to the law.

"Such practice is a kind of productive protection for ICH," said Wang, adding that it would effectively help pass on related ICH items.

The law also supports representative heirs in carrying forward ICH items and conducting follow-up personnel training.

Cultural authorities must provide necessary places and funds for representative heirs to pass on related skills and knowledge and encourage participation in non-profit social activities, the law said.

"From this year on, the heirs can receive up to 10,000 yuan ($1,521) from the central budget as financial support for carrying forward the ICH items," Wang said.

New appointments should be made if representative heirs reject the duty or lose the ability to pass on skills and knowledge, according to the law.

The utilization and development of the ICH, which involves intellectual property rights, should also supplement relevant laws and regulations, the law said.

The new law also spells out that foreign organizations and individuals, before conducting surveys of ICH in China, will be required to first obtain approval from cultural authorities that are at least on the provincial level.

Under the law, foreign organizations will have to conduct surveys in cooperation with Chinese ICH research institutions.

Also, foreign organizations and individuals must submit their research reports along with copies of on-site data and pictures during the survey.

Foreign organizations that violate the law may face fines ranging from 100,000 yuan ($15,205) to 500,000 yuan. Individuals may also be fined from 10,000 to 50,000 yuan, the law said.

Statistics show that China has 1,028 state-level ICH items and 1,488 state-level representative heirs. The country's total ICH resources amount to nearly 870,000 items.

放牛班的课堂

Updated: 2011-02-24 07:19
By Zhu Linyong (China Daily)



Villagers from Qinyang city in Central China’s Henan province perform a sedan chair lifting while walking on stilts on Feb 17. The performance is listed as local intangible cultural heritage. LI YAFENG / FOR CHINA DAILY


Overseas entities need permission to make surveys

BEIJING - Foreign organizations and individuals will not be allowed to conduct surveys of China's intangible cultural heritage without approval from senior Chinese regulators, according to a new draft law on the protection of intangible assets.
The draft was submitted on Wednesday to the Standing Committee of the National People's Congress (NPC), the top legislature, for its third reading as its bimonthly session began.
The ban was added to the draft law in response to concerns about the lack of legal support for the urgent protection and preservation of China's cultural assets against infringements by overseas organizations and individuals, said Li Chong'an, vice-chairman of the NPC Law Committee.
Foreign organizations and individuals who violate the law may face fines ranging from 100,000 yuan ($15,000) to 500,000 yuan.
Intangible cultural heritage in the draft law refers to traditional oral literature, rituals, medicines, arts, skills, sporting activities and festivals that have been handed down from one generation to another among China's diverse ethnic peoples.
The previous version of the draft law said "individuals from outside China must report to local authorities at the county level or above about their plans to carry out a survey on intangible cultural heritage and obtain approval before they begin".
It also stipulates that overseas organizations wishing to conduct a survey on intangible cultural heritage must ally themselves with at least one Chinese culture regulator as a local partner. Written approval must be obtained from local authorities at the provincial level or above before an overseas survey team can carry out fieldwork in China.
But some legislators have said applications for surveys by foreign individuals should also go through regulators at provincial level. The new version of the draft prohibits foreign organizations and individuals from doing surveys on their own.
On-site surveying and collection of data form the basis of preserving and protecting the nation's rich cultural heritage, said Li.
"Forms of intangible cultural heritage are closely associated with the fundamental rights and interests of the Chinese people. These protected cultural assets may play an important role in the development of communities and ethnic groups," said Wang Heyun, a researcher with China Ethnic Law Studies Association.
Nonetheless, the absence of a clearly defined law in this area during recent decades has resulted in the loss of and damage to some of the nation's intangible cultural treasures. Some organizations and individuals from abroad have taken advantage of this legal loophole, experts said.
These groups or individuals have even videotaped how some treasures are created in many of China's remote, mountainous areas, said Cao Baoming, president of Jilin Provincial Folk Artists Association.
There have been reports of cases involving the fishing culture of the Hezhe ethnic people in Heilongjiang province, Cao said.
"Forms of intangible cultural heritage are important; they are of high economic value too," said Zhou Anping, a law professor with Southwest University in Chongqing.
The establishment of a legal system to protect forms of intangible cultural heritage and related intellectual property rights "may help close loopholes in the existing intellectual property rights protection mechanism", Zhou said.
China Daily
(China Daily 02/24/2011 page4)

放牛班的课堂

http://www.chinaculture.org/focus/focus/2011lfbhfy/index.html

放牛班的课堂

http://www.chinadaily.com.cn/china/culturalherigate/index.html

放牛班的课堂

Overseas organizations may not be allowed to conduct surveys on China's intangible cultural heritage without the accompaniment of at least one local representative, according to the country's first draft law on the protection of intangible assets.

The draft was submitted on Monday to the Standing Committee of the National People's Congress (NPC), the country's top legislature, for its second reading as its bimonthly session began.

The draft law stipulates that overseas organizations wishing to conduct a survey on intangible cultural heritage must ally themselves with at least one Chinese culture regulatory agency as a local partner.

Written approval is also required to be obtained from local authorities at the provincial level or above before an overseas survey team can carry out fieldwork in China.

The draft law further stipulates that individuals from outside China must report to local authorities at the county level or above about their plans to carry out a survey on intangible cultural heritage and obtain approval before they begin.

Foreign organizations and individuals who violate the law may face fines ranging from 100,000 yuan ($15,000) to 500,000 yuan, according to the draft.

Intangible cultural heritage in the draft law refers to traditional, oral literature, rituals, arts, skills, sporting activities and festivals.

The ban on unapproved foreign surveys of the country's intangible cultural heritage was added to the draft law in response to the concerns of some legislators and local governments over the first version submitted for reading in August, said Li Chong'an, deputy director of the NPC Law Committee.

The first version of the draft said government approval must be obtained for surveys on intangible cultural heritage jointly conducted by Chinese institutes and foreign organizations, but did not specifically prohibit foreign organizations and individuals from carrying out surveys on their own.

The on-site collection of data and surveying form the basis of preserving and protecting the nation's rich treasure of intangible cultural heritage.

However, the lack of a clearly defined law in this area has resulted in loss and damage to some of the country's intangible cultural treasures, experts said.

Some organizations and individuals from abroad have taken advantage of this legal loophole to survey, collect, purchase and videotape China's intangible cultural heritage, said Ouyang Hongyu, who is devoted to protecting cultural heritage, including that of the Miao Ethnic Cultural Center in Taijiang county of Southwest China's Guizhou province.

Ouyang said some organizations and individuals from abroad have even hired local youths to search in Miao communities for purchases of vintage Miao ethnic costumes and works of embroidery, as well as to videotape how they are made.

Similar cases have been reported over the years regarding the fishing culture of the Hezhe ethnic people in Heilongjiang province and the Dongba culture of the Naxi ethnic groups in Yunnan province.

When Wang Yunxia, a law professor at Renmin University of China, last year visited mountainous areas of Wenchuan county in Sichuan province, which is inhabited by the ethnic Qiang people, she was surprised to learn that "friendly local villagers told all they know about the endangered and highly protected Shibi (shamanic) culture to inquisitive foreign researchers".

In some way, the acts of "surveying and collecting by overseas entities are helpful in promoting global awareness and understanding of China's extremely rich and diverse intangible cultural heritage", Wang said.

Nonetheless, "laws and regulations must be enacted to safeguard China's cultural security. The draft law is a timely remedy," she said.



http://blog.sina.com.cn/s/blog_40ce18110100oh28.html

放牛班的课堂

China is speeding up its protection on the country's intangible cultural heritage. The latest milestone is that the protection has been written into law after being in preparation since 2005. So, what are the do's and don'ts of the law? Our reporter Zhang Song finds out from a press conference in Beijing on Wednesday afternoon.

"This is a copy of the newly-released law on the protection of China's intangible cultural heritage. It will be put into practice on June 1. The six chapters carries the central government's ambition to develop the country's rich and diverse cultural legacy." Reporter Zhang Song said.

A precise census is the foundation of the protection mission, and it has a long way to go. The law regulates that governments of all levels should take on the duty of carrying out a complete survey to create a list of protection items. Funds earmarked for the protection job should be guaranteed from each governments' financial budget.

Cultural authorities must also support the recruitment of inheritors of intangible heritage items. They should sponsor passing the legacy on to the younger generation, as well as promoting the heritage to the public.

Tian Qing, Research Staff of Chinese National Academy of Arts, said, "As we all know, China has accomplished enormous and compelling achievements since the Opening-up and Reform Policy was introduced three decades ago. Such speed of modernization has never happened in any other country. However, much Chinese intangible cultural heritage was pushed to the edge of extinction during the process of modernization and the impact of western culture. For instance, statistics from the late 1970s show there were more than 50 kinds of folk opera in North China's Shanxi Province. While two decades later only half had survived. The pace of art extinction is striking. It is almost equal to the speed of modernization. Fortunately both the government and citizens have realized the importance of intangible culture protection."

At a press conference on Wednesday afternoon in Beijing, Cai Wu, China's Minister of Culture described the law as a milestone for the country's intangible cultural heritage efforts. Cai also communicated with experts to hear their feedback.

After the applause dies down for the protection of intangible cultural heritage being written into law, some experts are calling for detailed rules. For instance, they want to see a detailed process that foreign organizations and individuals must undertake before conducting surveys of intangible cultural heritage in China.

Source: CNTV.CN