By Juan Arana
I. Introduction
The recognition and protection of traditional cultural expressions are obligations of the Peruvian State under its Constitution, international treaties, and domestic legislation. Among these expressions, the Inti Raymi—an ancestral ceremony of solar worship—stands out as part of the living cultural legacy of the Andean peoples. This article analyzes the legal nature of Inti Raymi, its treatment as intangible cultural heritage, and the existing legal mechanisms for its safeguarding, with emphasis on its sectoral regulation, institutional authorship, and international projection.
II. Constitutional and Legal Framework
Article 2(19) of the Political Constitution of Peru guarantees every person’s right to their ethnic and cultural identity and establishes the State’s duty to preserve cultural pluralism. Additionally, Article 21 affirms that the cultural heritage of the Nation, in all its forms, must be protected by the State.
Within this framework, specific norms have been issued:
1. Law No. 27431 (2001)
Declares Inti Raymi as Cultural Heritage of the Nation and establishes it as the official act and principal ritual ceremony of national identity. It designates the Provincial Municipality of Cusco as the authority responsible for its main reenactment.
2. Law No. 28296, General Law on the Cultural Heritage of the Nation
Defines the legal regime for the protection of both tangible and intangible heritage, and assigns responsibilities for conservation, registration, and promotion to the Ministry of Culture.
3. Bill No. 08562/2024-CR
Seeks to declare of national interest the inscription of Inti Raymi in the UNESCO Representative List of the Intangible Cultural Heritage of Humanity, aiming to enhance its international recognition and ensure intergenerational transmission.
III. Legal Nature of Inti Raymi
Inti Raymi is a cultural expression of intangible, ritual, collective, and symbolic nature, whose continuity has been preserved through oral tradition, community participation, and contemporary institutionalization.
From a legal standpoint, it is a protected intangible legal asset under cultural law, whose safeguarding entails:
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Respect for its authenticity;
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Prevention of distortions or unauthorized uses;
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Recognition of collective rights over its reproduction and representation.
IV. Authorship Protection and Institutional Management
A notable legal aspect of Inti Raymi is that its contemporary version (script reenacted in Cusco) has been registered as a collective creative work with INDECOPI, with ownership attributed to the Municipal Company of Festivities of Cusco (EMUFEC) and the Municipality of Cusco.
This allows for legal control over unauthorized performances, such as those attempted in other cities, and guarantees the preservation of its ritual and symbolic content according to legitimate technical and cultural criteria.
V. Legal Relevance of International Recognition
The inclusion of Inti Raymi in the UNESCO Representative List of the Intangible Cultural Heritage of Humanity would entail significant legal consequences:
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Greater international visibility for Andean cultural rights;
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Obligation for the Peruvian State to develop safeguarding and participatory monitoring plans;
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Access to international cooperation and funding for intangible heritage protection;
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Inclusion of indigenous communities as active participants in cultural management.
VI. Legal Challenges and Recommendations
| Aspect | Challenge | Recommendation |
|---|---|---|
| Inter-institutional management | Overlapping competencies between the Ministry of Culture and local governments | Develop a national safeguarding plan for Inti Raymi |
| Copyright control | Unauthorized use of reenactments in other territories | Strengthen copyright enforcement before INDECOPI |
| International projection | Nomination to UNESCO still pending | Prioritize legislative and technical support for the nomination |
| Community participation | Sometimes limited to institutional actors | Include indigenous communities in ritual governance |
VII. Conclusion
Inti Raymi is not merely a touristic performance; it is a cultural act imbued with profound historical, symbolic, and legal value. Its recognition in the Peruvian legal system reflects the evolution of law toward an integrative vision of cultural heritage, where administrative law, copyright law, constitutional law, and collective cultural rights converge.
Normative and institutional harmonization is essential to guarantee its authenticity, prevent commodification, and strengthen its status as a living heritage that bridges the ancestral past with the cultural rights of the present.