Source 12 : MOWCAP Chair's message on contestation (dated October 10, 2022)
Dear Bureau Members
I would like to update you on the situation regarding the 2022 round of nominations for the MOWCAP Register and to seek your approval for the next steps to be taken.
As you will recall, 13 nominations were deemed admissible and their titles and summaries were posted on the MOWCAP website on 15 July. Japan requested copies of the full nomination dossiers and on 12 August submitted contestation forms (under other grounds) for 3 nominations: Initial Dasheng Spinning Factory (China) and Naebang-gasa and Samguk-yusa (Korea). However, they provided no grounds or reasons for contestation, and requested more time to examine the nominated documents, stating "The Government of Japan has a keen interest in whether there are any descriptions related to Japan in the nominated documentary heritage and, if so, their details. Therefore, the Government of Japan would like to request the nominating state to share the content of the nominated documentary heritage and also request the assessment process of this nomination to be suspended in the meantime."
The MOWCAP Secretary General promptly made arrangements with all three nominators to facilitate the access by Japan to examine the items in situ, ad on 18 August, replied giving Japan an extension until 30 September to provide specific grounds or to decide not to contest. We have just received (on 30 September) a letter from Japan's NatCom withdrawing from contesting both Initial Dasheng Spinning Factory (China) and Samguk-yusa (Korea). However, they maintain their stance for Naebang-gasa “because it still requires time and efforts to complete checking its contents…. GOJ has a particular interest in whether there are any descriptions that it is concerned about, including, such elements regarding anti-Japanese resistance movement.”
After consideration of this wording and in consultation with the RSC Chair, I have concluded that this still does not provide specific grounds or reasons to satisfy the requirements for Contestation under Other Grounds as outlined in MOWCAP Guidelines N.6 (b): "Nominations may be contested on other grounds only by a concerned Member State of UNESCO (i.e. with a direct interest in a particular nomination) and if the reasons advanced for the contestation fall outside the scope of the admissibility threshold and the criteria for inscription..."
We need to recognize the fact that this current whole process of nomination and assessment was new and complicated, and that it seems did not allow sufficient time for a concerned Member State to examine the nominated documents and decide whether or not they had specific grounds on which to formulate a contestation that could trigger the Incidental Process to move into for the steps of expert evaluation or resolution by dialogue as prescribed in the Guidelines.
Accordingly, I would propose that we should release the RSC's Preliminary Assessment to the nominator of Naebang-gasa allowing 3 weeks to submit a revised nomination form in accordance with suggestions and recommendations made by the RSC. At the same time, we provide Japan an extension of time for a further two weeks to decide whether to proceed to lodge a new Contestation Form with specific grounds or reasons identified in the content of the nominated documents.
I would appreciate hearing from you as soon as possible, if you agree with this course of action, in order to give all parties the possibility to complete these steps in time for the matter to be resolved hopefully before our General Meeting.
In addition, as you know, ......... , the secretary-general resigned last week and there are many tasks ahead of the MOWCAP General Meeting. Accordingly, under my authority as the chair and consultation with UNESCO Bangkok Office, I have appointed ........ , a consultant of the Bangkok office, as Acting Secretary-General. Considering this is a matter of urgency, I ask for your support. Of course, how to elect a new SG will have to be prepared sooner or later. I look forward to your opinions.
Best regards,
Chair, MOWCAP
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