UNESCO’s intangible cultural heritage and its polarising nature: A case study on Aalst Carnival

Intangible cultural heritage, such as a tradition, folk dance or carnival, contributes to cultural diversity within a society. Therefore, the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage was adopted with the intention of safeguarding and perpetuating intangible cultural heritage and intercultural dialogue. But what happens if intangible cultural heritage has been recognised and inscribed on one of the UNESCO lists and, within its expression, the tradition goes against the list’s inscription criteria and causes controversy? This article explains the events that took place during the Carnival of Aalst, as well as the controversies it sparked. It sheds light on the visible tensions between different aspects of the controversy. Its scope thus remains limited to a brief explanation of intangible cultural heritage and the tradition of Aalst Carnival. Within this context, a judicial approach through case law research of the European Court of Human Rights concerning the right to freedom of expression and its limitations is used to provide a legal assessment of the controversy. Moreover, this article discusses the limitations of this legal approach and proposes recommendations in other policy fields. The article will thus attempt to reconcile these tensions and balance the competing interests in order to diminish the likelihood of controversies happening again in the future. It will aim to illustrate the tensions between stereotypical and derogatory depictions that are legally acceptable, however controversial given the multicultural society, and further concisely explore possible solutions within different policy areas.