Convention for the Protection of the World Cultural and Natural Heritage (16 Nov 1972) in United States

Convention for the Protection of the World Cultural and Natural Heritage (16 Nov 1972)

The General Conference of the United Nations Education, 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 purpose 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 archeological 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
Education, 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 Education, 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 Fund 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.