Inside the intangible cultural heritage

Congolese rumba, one of the most prominent styles of African music and dance, has been designated as intangible cultural property by Unesco It is the climax of two countries' campaigns: the Democratic Republic of the Congo and Congo-Brazzaville. But what exactly is intangible cultural heritage, and why is it protected?

Let us do a piecemeal breakdown. Heritage is something that is passed down through generations. Culture on the other hand refers to values, traditions, and identities. Intangible means impossible to touch. Putting those words together, intangible cultural heritage refers to traditions and living expressions that are transmitted to generations.

Through the Convention for the Safeguarding of Intangible Cultural Heritage, Unesco is the custodian of intangible cultural heritage. Unesco describes it in terms of five broad categories: oral traditions and expressions; performing arts; social practices; rituals and festive events; knowledge and practices concerning nature and the universe and traditional craftsmanship.

Unesco views this inclusive, community-based heritage as "traditional, modern, and living at the same time". You might conceive it as "living legacy," of indigenous people present in both rural and urban settings.

The Convention has been ratified by 178 nations, including Kenya, and around 500 components have been inscribed.

The lists carries elements like male rites of passage of the Maasai community, traditions and practices associated with the Kayas in the sacred forests of the Mijikenda, Isukuti dance of Isukha and Idakho communities of Western Kenya and Rituals and practices associated with Kit Mikayi shrine.

These cultural heritages include not just inherited traditions, but also modern rural and urban behaviours that involve a wide range of cultural groups.

We may share intangible cultural heritage expressions that are comparable to those of others.

Whether they come from a nearby village, a city on the other side of the world, or have been adapted by people who have migrated and settled in a different region, they have been passed down through the generations and have evolved in response to their environments, contributing to our sense of identity and continuity.

Accordingly, this contributes to social cohesiveness by dint of instilling a feeling of identification and shared responsibility.

Furthermore, intangible cultural property is not just regarded as a cultural good for its rarity or special worth in comparison to other cultural goods. It flourishes in communities and is reliant on people whose knowledge of traditions, skills, and rituals is passed down to generations.

Hence, legacy can only be acknowledged as such by communities, organisations, or people who produce, preserve, and transmit it — and without their acknowledgment, no one else can decide for them whether or not a certain manifestation or practice is their heritage.

In light of the above, when we think about intellectual property and cultural heritage, we normally think of traditional knowledge (TK) and traditional cultural expression (TCE). TCE's scope includes resources from the distant past to relatively current contemporary representations such as adaptations, imitations, revitalisations, and so on.

TK, on the other hand, refers to the cultural history, practices, and know-how associated with traditional practices. Traditional knowledge encompasses, among others, agricultural, scientific, technological, ecological, biodiversity-related, and medicinal knowledge. Before it qualifies, such extensive knowledge must span at least five generations.

Intangible cultural heritage falls under both TK and TCE and has universal values that extend beyond traditional boundaries. However, the idea of IP is totally contrary as it is territorial; prompting many indigenous peoples to seek protection to commercialise the benefits of their generational knowledge while restricting unlawful use by third parties.

Intangible cultural legacy is important because it transmits a wealth of information and skills that are relevant to the community from generations, rather than the cultural expression itself. The social and economic benefit of knowledge transfer is crucial to both minority and mainstream social groups, and it is equally vital for emerging and developed countries.

Mutua K Mutuku, data compliance & intellectual property law expert