Key Benefits:
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MOTION FOR RESOLUTION No. 45 /X
Considering that, in the framework of the growing demand for preservation of expressions
cultural people that result from the creativity of individuals, groups and societies, it is
essential to protect, promote and cherish the diversity of cultural expressions that by its
lack of support make this set of expressions particularly vulnerable;
Attending that this Convention will allow to promote international cooperation
in this field;
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following motion for a resolution:
Approving the Convention on the Protection and Promotion of Diversity of Expressions
Cultural and respective Annex, adopted by the 33 th session of the General Conference of the
UNESCO, in Paris, on October 20, 2005, whose texts, in the authentic version in language
english, as well as the respective translation for Portuguese language, if published in annex.
Seen and approved in Council of Ministers of November 23, 2006
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
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CONVENTION ON THE PROTECTION AND PROMOTION OF DIVERSITY
OF CULTURAL EXPRESSIONS
The General Conference of the United Nations Educational Organization, the
Science and Culture, meeting in Paris from 3 a to October 21, 2005, at its 33 th session,
Asserting that cultural diversity is an essential feature of
Humanity,
Consent that cultural diversity constitutes a common heritage of the
Humanity that must be valued and preserved for the benefit of all,
Aware that cultural diversity generates a rich and varied world, which expands the
possibilities of choice and nourishes the skills and human values, constituting,
therefore, a key driver of the sustainable development of communities, of the
peoples and nations,
Remembering that cultural diversity, which develops in a framework of
democracy, tolerance, social justice and mutual respect between peoples and the
cultures, is indispensable to peace and security at the local, national and international level,
Praising the importance of cultural diversity for the full realization of the
human rights and fundamental freedoms proclaimed in the Universal Declaration
of Human Rights and other universally recognized instruments,
Underscoring the need to integrate culture as a strategic element
in national and international development policies, as well as in cooperation
international for development, listening equally to the Millennium Declaration
of the UN (2000) which puts emphasis on the eradication of poverty,
Considering that culture takes diverse forms in time and space and that
that diversity conforms to the originality and plurality of identities, well
as in the cultural expressions of the peoples and of the societies constituting the
Humanity,
Recognizing the importance of traditional wisdom as a source of wealth
immaterial and material, in particular the systems of knowledge of the indigenous peoples, and
your positive contribution to sustainable development, in addition to the need
of ensuring in an appropriate manner its protection and promotion,
Recognizing the need to adopt measures to protect the diversity of the
cultural expressions, including the respective contents, particularly in situations
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in which cultural expressions may be threatened with extinction or serious
adulteration,
Underscoring the importance of culture for social cohesion in general and its
specific contribution to the improvement of the status and role of women in society,
Consent that cultural diversity is enhanced by the free movement of
ideas and nutre of constant exchanges and interactions between cultures,
Reaffirming that freedom of thought, of expression and of information,
as well as the diversity of the mass media, allow for flourishing
of cultural expressions within the societies,
Recognizing that the diversity of cultural expressions, without forgetting the
traditional cultural expressions, is an important factor that allows individuals and
to the peoples to express and share their ideas and values,
Remembering that linguistic diversity is a fundamental element of the
cultural diversity and reclaiming the key role that education plays in the
protection and in the promotion of cultural expressions,
Taking into account the importance of the vitality of the cultures, including for the
people belonging to minorities and for indigenous peoples, as manifested
through the freedom to create, disseminate and distribute their cultural expressions
traditional and for them to have access in such a way as to favour their own development,
Underscoring the key role of cultural interaction and creativity, which
fosters and renewing cultural expressions, and reinforce the role of those who
participate in the development of culture for the progress of society in general,
Recognizing the importance of intellectual property rights in supporting the
people involved in cultural creativity,
Convict of which activities, goods and cultural services have nature
simultaneously economic and cultural, because they are carriers of identities, values and
meanings, not owing, therefore, to be treated as if they had only value
commercial,
Finding that the processes of globalization, facilitated by rapid evolution
of information and communication technologies, if, on the one hand, they create conditions
inedict of enhanced interaction between cultures, on the other, represent a challenge
for cultural diversity, specifically with regard to the risks of imbalances
between rich countries and poor countries,
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Aware of the specific mandate entrusted to UNESCO to ensure respect for the
diversity of crops and to recommend international agreements to consider useful
to facilitate the free movement of ideas through word and image,
Taking into account the provisions of the international instruments adopted by the
UNESCO on cultural diversity and the exercise of cultural rights, in particular the
Universal Declaration on Cultural Diversity of 2001,
Adopts , on October 20, 2005, the present Convention.
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I. GUIDING OBJECTIVES AND PRINCIPLES
Article 1.
Objectives
The objectives of this Convention are:
a) To protect and promote the diversity of cultural expressions;
b) Creating conditions that enable the cultures to develop and interact
freely in a mutually fruitful manner;
c) Encouraging dialogue between cultures in order to ensure exchanges
more intense and balanced cultural in the world, for the sake of respect
intercultural and a culture of peace;
d) Fostering interculturality in order to develop cultural interaction, in the
aim to build bridges between peoples;
e) To promote respect for the diversity of cultural expressions and the
awareness of their value at the local, national and international level;
f) Reaffirming the importance of links between culture and development to
all countries, in particular the developing countries, and support
the actions carried out in the national and international plans so that if
recognize the true value of such ties;
g) Recognizing the specific nature of activities, goods and cultural services
as holders of identities, values and meanings;
h) To reiterate the sovereign right of States to conserve, adopt and implement
policies and measures that they deem appropriate for protection and
promotion of the diversity of cultural expressions in its territory;
i) To strengthen international cooperation and solidarity in a spirit of
partnership, in order to, inter alia, increase the capacities of countries in
avenues of development with regard to the protection and promotion of the
diversity of cultural expressions.
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Article 2.
Guiding principles
1. Principle of respect for human rights and fundamental freedoms
Cultural diversity can only be protected and promoted if they are ensured
human rights and fundamental freedoms, such as freedom of expression, of
information and communication or the possibility for individuals to choose their
cultural expressions . No one shall be able to invoke the provisions of this Convention to
attest to the human rights and fundamental freedoms consigned to the
Universal Declaration of Human Rights or guaranteed by international law,
nor to limit the respective scope.
2. Principle of sovereignty
In accordance with the Charter of the United Nations and the principles of law
international, States have the sovereign right to adopt measures and policies that
target the protection and promotion of the diversity of cultural expressions in their
territories.
3. Principle of equal dignity and respect of all cultures
The protection and promotion of the diversity of cultural expressions imply the
recognition of the equal dignity and respect of all cultures, including those of the
people belonging to minorities and those of the autochthonous peoples.
4. Principle of solidarity and international cooperation
International cooperation and solidarity should enable all countries,
especially to the developing countries, to create and strengthen their means of
cultural expression, including its cultural, nascent or firming industries, at the level
local, national and international.
5. Principle of complementarity of economic and cultural aspects of the
development
Being the culture one of the essential drivers of development, the aspects
cultural from development are as important as their economic aspects, and
individuals and peoples have the fundamental right to participate in and to them
benefit.
6. Principle of sustainable development
Cultural diversity is a great wealth for individuals and societies.
The protection, promotion and maintenance of cultural diversity constitute a
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essential condition for a sustainable development for the benefit of the generations
present and future.
7. Principle of equitable access
Equitable access to a rich and diversified range of cultural expressions
from the whole world and the access of cultures to the means of expression and
dissemination constitute important elements for valuing cultural diversity and
encourage mutual understanding.
8. Principle of openness and balance
When they adopt measures to support the diversity of cultural expressions, the
States should seek to promote, in an appropriate way, openness to other cultures of the
world and make sure that these measures are in line with the objectives
pursued by this Convention.
II. SCOPE OF APPLICATION
Article 3.
Scope of application
This Convention shall apply to the policies and measures adopted by the Parties to the
which concerns the protection and promotion of the diversity of cultural expressions.
III. DEFINITIONS
Article 4.
Definitions
For the purposes of this Convention, it shall be deemed to be:
1. Cultural diversity
"Cultural diversity" refers to the multiplicity of ways in which it is
express the cultures of groups and societies. These forms of expression
convey themselves in the countryside and between groups and societies.
Cultural diversity manifests itself not only in the different ways in which the
cultural heritage of Humanity expresses itself, enriches itself and transmits itself thanks to the
variety of cultural expressions, but also through diverse modes of creation
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artistic, production, dissemination, distribution and fruition of cultural expressions,
regardless of the means and the technologies employed.
2. Cultural content
The "cultural content" refers to the symbolic sense, the artistic dimension and the
cultural values that emanate from cultural identities or express them.
3. Cultural expressions
The "cultural expressions" refer to the expressions that result from creativity
of individuals, groups and societies and who have a cultural content.
4. Activities, goods and cultural services
The expression "activities, goods and cultural services" refers to the activities, the
goods and services which, considered from the point of view of their quality, use or
specific purpose, incarnate or transmit cultural expressions,
regardless of the commercial value they may have. Cultural activities can
constitute an end in themselves, or contribute to the production of goods and services
cultural.
5. Cultural industries
The "cultural industries" refer to the industries that produce and distribute
cultural goods or services as they are defined in the preceding paragraph 4.
6. Cultural policies and measures
The "cultural policies and measures" refer to the policies and measures concerning the
culture, at the local, national, regional or international level, to focus on culture
as such or is intended to exert a direct effect on the cultural expressions of the
individuals, groups or societies, including in the creation, production, dissemination and the
distribution of activities, goods and cultural services, as well as in access to them.
7. Protection
"Protection" means the adoption of measures to preserve, safeguard
and cherish the diversity of cultural expressions.
"Protecting" means adopting such measures.
8. Interculturality
"Interculturality" refers to the existence and equitable interaction of diverse
cultures, as well as the possibility of generating cultural expressions shared by the
dialogue and mutual respect.
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IV. RIGHTS AND OBLIGATIONS OF THE PARTIES
Article 5.
General rule on rights and obligations
1. In accordance with the Charter of the United Nations, with the principles of
international law and with the universally recognized instruments in respect of
human rights, the Parties reaffirm their sovereign right to formulate and apply the
its cultural policies, to adopt measures to protect and promote the diversity of the
cultural expressions, as well as to strengthen international cooperation in order to achieve
the objectives of this Convention.
2. The policies applied and the measures adopted by one of the Parties to
protect and promote the diversity of cultural expressions in their territory must be
compatible with this Convention.
Article 6.
Rights of Parties at the national level
1. In the framework of its cultural policies and measures, as defined in the
n Article 4 (6), and taking into account its specific circumstances and needs, the
Parties will be able to adopt measures designed to protect and promote the diversity of
cultural expressions in the respective territory.
2. These measures will be able to consist of:
a) Regulatory measures aimed at protecting and promoting the diversity of
cultural expressions;
b) Measures that, appropriately, allow for the creation, production,
dissemination, distribution and fruition of activities, goods and services
national cultural in the ensemble of activities, goods and services
cultural available in the respective territory, including measures concerning the
language used for such activities, goods and services;
c) Measures to provide for national cultural industries
independent and the activities of the informal sector an effective access to the
means of production, dissemination and distribution of activities, goods and services
cultural;
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d) Measures to provide public financial aid;
e) Measures to encourage not-for-profit organizations, so
such as public and private institutions, artists and the remaining professionals
of the culture to be developed and promote free exchange and free movement
of cultural ideas and expressions, as well as of activities, goods and services
cultural, and to stimulate the creation and entrepreneurship in their
activities;
f) Measures aimed at creating and supporting, in an appropriate way, the institutions
relevant public;
g) Measures aimed at encouraging and supporting artists and all people
involved in the creation of cultural expressions;
h) Measures to promote the diversity of the media
social, inclusive of the promotion of public service broadcasting.
Article 7.
Measures to promote cultural expressions
1. The Parties shall seek to create in their territory an environment that will encourage the
individuals and the social groups to:
a) To create, produce, disseminate and distribute their own cultural expressions and to
they have access, duly listening to the conditions and needs
specific to women, as well as from diverse social groups, including
persons belonging to minorities and autochthonous peoples;
b) Have access to the various cultural expressions from the respective
territory and the other countries of the world.
2. The Parties shall also seek to recognize the important contribution of the
artists and of all those who are involved in the creative process, das
cultural communities and the organizations that support them in their work, as well as the
its central role of nurturing the diversity of cultural expressions.
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Article 8.
Measures to protect cultural expressions
1. Without prejudice to the provisions of Articles 5 and 6, a Party shall be able to determine the
existence of special situations in which cultural expressions, in their territory,
run risk of extinction, be the subject of a serious threat or, in any way,
require an urgent safeguard measure.
2. Parties will be able to take all appropriate measures to protect the
cultural expressions in the situations referred to in paragraph 1, in accordance with the
provisions of this Convention.
3. The Parties shall inform the Intergovernmental Committee referred to in Article 23 thereof.
all measures taken to cope with the requirements of the situation, and the Committee may
make appropriate recommendations.
Article 9.
Sharing of information and transparency
The Parties shall:
a) Provide, every four years, in their reports to UNESCO, the
necessary information on the measures taken to protect and promote
the diversity of cultural expressions in the respective territory and at the level
international;
b) Designate a point of contact responsible for sharing information
on this Convention;
c) Sharing and exchanging information concerning the protection and promotion of the
diversity of cultural expressions.
Article 10.
Education and public awareness
The Parties shall:
a) To propitiate and develop understanding of the importance of protection and the
promotion of the diversity of cultural expressions, specifically through
of education programmes and greater public awareness;
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b) Cooperate with the other Parties and international and regional organizations
to achieve the purpose of this Article;
c) Strive to encourage creativity and strengthen the capabilities of
production by setting up education, training and educational programmes
exchanges in the field of cultural industries, and these measures should be
applied in a manner that they do not have a negative impact on the ways of
traditional production.
Article 11.
Participation of civil society
The Parties recognize the fundamental role of civil society in the protection and the
promotion of the diversity of cultural expressions. The Parties shall foster participation
active civil society in its efforts to achieve the objectives of the present
Convention.
Article 12.
Promotion of international cooperation
The Parties shall engage in strengthening their bilateral, regional and
international in order to create conditions conducive to the promotion of diversity of the
cultural expressions, taking particular account of the situations referred to in Articles 8.
and 17, in particular with a view to:
a) Facilitate the dialogue between the Parties on cultural policy;
b) Strengthen the strategic and managerial capacities of the public sector in the
public cultural institutions, thanks to cultural exchanges and
international professionals, as well as the sharing of best practices;
c) Strengthen partnerships with civil society, organizations do not
government and the private sector, as well as the partnerships between those entities, to
increment and promote the diversity of cultural expressions;
d) Promoting the use of new technologies and encouraging partnerships in order to
strengthen information sharing and cultural understanding and foster the
diversity of cultural expressions;
e) Encouraging the celebration of co-production and co-distribution agreements.
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Article 13.
Integration of culture in sustainable development
The Parties shall engage in integrating culture into their policies of
development, at all levels, with a view to creating conditions conducive to the
sustainable development and, in this context, privileging the aspects connected to the
protection and the promotion of the diversity of cultural expressions.
Article 14.
Cooperation for development
The Parties shall endeavour to support cooperation for development
sustainable and poverty reduction, especially with regard to needs
specific to the developing countries, with the aim of propitiating the
emergence of a dynamic cultural sector, through, among others, the following means:
a) The strengthening of the cultural industries of the countries in avenues of
development:
i) Creating and reinforcing production and distribution capacities
cultural in the developing countries;
ii) Facilitating a wider access of activities, goods and services
cultural respective to the world market and to distribution circuits
international;
iii) Enabling the emergence of viable local and regional markets;
iv) Adopting, where possible, appropriate measures in the countries
developed with a view to facilitating access to its territory of the
activities, the goods and cultural services of the countries in the ways of
development;
v) Supporting creative work and facilitating, as far as possible, the
mobility of artists from the developing countries;
vi) Fostering an appropriate collaboration between developed countries and
developing countries, specifically in the fields of
music and film;
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b) The increase in capacities through the exchange of information,
experiences and skills, as well as the training of human resources
of the developing countries in the public and private sectors, in the
that refers, inter alia, to strategic and managerial capacities, to the
elaboration and implementation of policies, the promotion and distribution of
cultural expressions, the development of small and medium-sized enterprises and
of microenterprises, the use of technologies and still development
and the transfer of competences;
c) The transfer of specific technologies and technical knowledge
through the adoption of appropriate incentives, in particular in the field of
industries and cultural enterprises;
d) The financial support by:
i) The creation of an International Fund for Cultural Diversity, of
agreement with that provided for in Article 18;
ii) The granting of public support for development, if necessary,
including technical assistance in order to stimulate and support creativity;
iii) Other forms of financial support, such as low-dues loans
of interest, subsidies and other financing mechanisms.
Article 15 . º
Modalities of collaboration
The Parties will foster the creation of partnerships between the public sector, the sector
private and non-profit organizations, as well as within the same, that
target cooperation with developing countries in the enhancement of their
abilities to protect and promote the diversity of cultural expressions. In
response to the concrete needs of the developing countries, those
innovative partnerships should put emphasis on the development of infrastructure,
of human resources and policies, as well as in the exchange of activities, goods and
cultural services.
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Article 16.
Preferential treatment for developing countries
The developed countries will facilitate cultural exchange with the countries in the tracks
of development, granting, through the institutional and legal frameworks
appropriate, preferential treatment of artists and other professionals and agents of the
culture of these countries, as well as their cultural assets and services.
Article 17.
International cooperation in situations of serious threat against expressions
cultural
In the situations mentioned in Article 8, the Parties shall cooperate in the provision of
mutual assistance, giving special attention to the developing countries.
Article 18.
International Fund for Cultural Diversity
1. An International Fund for Cultural Diversity is established, henceforth
assigned "the Fund".
2. The Fund shall be made up of trust funds, in accordance with the
The Financial Regulation of UNESCO.
3. The resources of the Fund will bring together:
a) Voluntary contributions of the Parties;
b) Funds allocated for the purpose by the General Conference of UNESCO;
c) Payments, donations or legacies that may be made by other States,
organizations and programs of the United Nations system, others
regional or international organizations, as well as public bodies or
private, or private;
d) Any interest accrued by the resources of the Fund;
e) Funds collected and revenue from events organised for the benefit of the Fund;
f) Any other resources authorized by the Fund Regulation.
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4. The use of the resources of the Fund shall be decided by the Committee
Intergovernmental on the basis of the guidelines of the Conference of the Parties mentioned in the
article 22 para.
5. The Intergovernmental Committee will be able to accept contributions and other forms of
support with general or specific purposes related to concrete projects, since
that such projects have received their approval.
6. Contribution to the Fund will not be able to be subject to any condition
political, economic or other that is incompatible with the objectives of the present
Convention.
7. The Parties shall engage in voluntarily contributing, on a regular basis,
for the application of this Convention.
Article 19.
Exchange, analysis and dissemination of information
1. The Parties agree to the exchange of information and
specialist knowledge relating to the collection of data and statistics relating to
diversity of cultural expressions, as well as best practices of protection and
promotion of this diversity.
2. UNESCO shall facilitate, thanks to the existing mechanisms in its Secretariat,
the collection, analysis and dissemination of all information, statistics and better
practices in the matter.
3. In addition, UNESCO will create and maintain up to date a database
concerning the different sectors and governmental organizations, private and with purposes not
lucrative that work in the realm of cultural expressions.
4. In order to facilitate the collection of data, UNESCO will pay special attention to the
enhancement of the capacities and expertise of the Parties formulating a
request for assistance in this area.
5. The collection of the information provided for in this Article complete the information
referred to in Article 9 para.
V. RELATIONS WITH OTHER INSTRUMENTS
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Article 20.
Relations with other instruments: mutual support, complementarity and not-
subordination
1. Parties acknowledge duty to fulfil good faith in their obligations arising
of this Convention and of all other treaties of which they are a signatory.
Consequently, without subordination to this Convention to the other treaties,
a) Shall foster mutual support between this Convention and the other treaties
of which they are a signatory; and
b) When interpreting and applying the other treaties of which they are a signatory or to the
assume other international obligations, will take into account the
relevant provisions of this Convention.
2. Nothing in this Convention may be interpreted as amending the
rights and obligations of the Parties arising from other treaties of which they are a signatory.
Article 21.
International concertation and coordination
The Parties undertake to promote the objectives and principles of the present
Convention in other international fora. For this purpose, the Parties shall consult each other, if
necessary, having present these objectives and principles.
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VI. BODIES OF THE CONVENTION
Article 22 . º
Conference of the Parties
1. A Conference of the Parties shall be instituted. The Conference of the Parties shall be the
plenary and supreme organ of this Convention.
2. The Conference of the Parties shall meet in ordinary session of two in two
years, where possible in the framework of the General Conference of UNESCO. You can gather-
if in an extraordinary session if so decide or if at least one third of the Parties the
apply for the Intergovernmental Committee.
3. The Conference of the Parties shall adopt its internal regulation.
4. The functions of the Conference of the Parties shall be, among others:
a) Electing the members of the Intergovernmental Committee;
b) Receive and examine the reports of the Parties to this Convention
transmitted by the Intergovernmental Committee;
c) Approve the prepared operational guidelines, at your request, by the Committee
Intergovernmental;
d) Take any other measure you consider necessary to promote the
purposes of this Convention.
Article 23.
Intergovernmental Committee
1. An Intergovernmental Committee on Protection will be established at UNESCO
and the Promotion of the Diversity of Cultural Expressions, Henceforth designated " the Committee
Intergovernmental ", composed of representatives of 18 States Parties to the present
Convention, elected for four years by the Conference of the Parties as soon as the present
Convention shall enter into force, in accordance with Article 29.
2. The Intergovernmental Committee shall meet once a year.
3. The Intergovernmental Committee shall operate under the direct authority and the
guidelines of the Conference of the Parties, to whom it will provide accounts of its activity.
4. The number of members of the Intergovernmental Committee shall pass to 24 when the
number of Parties to this Convention ascending to 50.
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5. The election of the members of the Intergovernmental Committee should be based on the
principles of equitable geographical allocation and rotation.
6. Without prejudice to the remaining powers conferred by this Convention,
the functions of the Intergovernmental Committee shall be as follows:
a) To promote the objectives of this Convention and to foster and supervise the
monitoring of your application;
b) Prepare and submit to the approval of the Conference of the Parties, at their request,
operational guidelines relating to the implementation and implementation of the provisions of the
this Convention;
c) Convey to the Conference of the Parties the reports of the Parties to the Convention,
accompanied by their submissions and a summary of their respective
contents;
d) Formulate appropriate recommendations for situations that the Parties submit
to your assessment in accordance with the relevant provisions of the
this Convention, in particular Article 8;
e) Institute procedures and other mechanisms for consultation in order to promote
the objectives and principles of this Convention in other instances
international;
f) Perform any other task that can be requested by the Conference of the
Parts.
7. The Intergovernmental Committee, in accordance with its Regulation
internal, can, at all times, invite public or private entities or persons
singular to participate in their meetings, to consult them on specific issues.
8. The Intergovernmental Committee shall draw up and submit to the approval of the
Conference of the Parties to their Rules of Procedure.
Article 24.
Secretariat of UNESCO
1. The organs of this Convention shall be assisted by the Secretariat of the
UNESCO.
2. The Secretariat shall prepare the documentation of the Conference of the Parties and of the
The Intergovernmental Committee, as well as the draft order of its own
meetings, will co-adjuvate in the application of their decisions and will inform about such application.
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VII. FINAL PROVISIONS
Article 25.
Settlement of disputes
1. In the event of a dispute between the Parties to this Convention in respect of
interpretation or application of the same, the Parties shall seek to achieve a solution by the
track of negotiation.
2. If the Parties concerned fail to reach an agreement by negotiation,
you will be able to request from common agreement the good offices or mediation of a third Party.
3. In the absence of good offices or mediation, or if the dispute does not have
been able to be resolved by negotiation, good offices or mediation, one of the Parties may
have recourse to conciliation in accordance with the procedure set out in annex to the
this Convention. The Parties shall examine in good faith the motion for a resolution of the
deferred submitted by the Conciliation Commission.
4. At the time of ratification, acceptance, approval or accession, each Party
may declare that it does not recognize the conciliation procedure behind schedule.
Any Party that has declared it not to recognize the procedure may, to the whole
time, withdraw that statement by notification addressed to the Director-General of the
UNESCO.
Article 26.
Ratification, acceptance, approval or accession by the Member States
1. This Convention shall be subject to ratification, acceptance, approval or
accession of the Member States of UNESCO, in accordance with the respective
constitutional procedures.
2. Instruments of ratification, acceptance, approval or accession will be
deposited with the Director-General of UNESCO.
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Article 27.
Membership
1. This Convention shall be open to the accession of any non-Member State
of UNESCO that is a member of the United Nations Organization or of one of its
specialized agencies and has been invited by the General Conference of the Organization
to accede to this Convention.
2. This Convention shall also be open to the accession of the territories which
enjoy full internal autonomy, as such recognized by the Organization of Nations
UN, but not of full independence in accordance with Resolution 1514 (XV)
of the General Assembly, and which have competence in the subjects treated by the present
Convention, including the competence to conclude treaties on such matters.
3. The following provisions shall apply to the integration organizations
regional economic:
a) This Convention will also be open to the accession of any
organization of regional economic integration which, subject to the provisions of
in the following points, it shall be fully bound by the provisions of the present
Convention in a manner identical to that of the States Parties.
b) If one or several Member States of an integration organisation
regional economic Parties are Parties to this Convention, that organization and
that or those Member States shall agree on the respective
responsibilities in the performance of their obligations arising from the
this Convention. This sharing of responsibilities will produce effects
once the notification procedure described in the letter is finished. c) . The
organization and the respective Member States will not be enabled to
to exercise concomitantly the rights arising from this Convention.
In addition, within the framework of their competence, integration organizations
regional economic disbasement, to exercise your right to vote, of a
number of votes equal to the number of the respective Member States which
shall be Parties to this Convention. These organisations will not exercise their
right to vote if the respective Member States exercise theirs and vice-
versa.
c) The organization of regional economic integration and the or its states-
members who have agreed on a sharing of responsibilities, such as
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provided for in paragraph b) , they will inform the Parties about the sharing thus proposed, of the
following way:
i) In its instrument of accession, the organisation in question shall indicate in a way
need the sharing of responsibilities with regard to the issues
governed by this Convention.
ii) In the eventuality of a subsequent change in responsibilities
respective, the regional economic integration organization will inform the
depositary of any and any proposal to amend the said
responsibilities, which, for their part, will give knowledge of the same to
Parts.
d) It is presumed that the Member States of an integration organisation
regional economic which become Parties to this Convention
will continue to be competent in all areas that have not been
object of a transfer of competence to the organization
expressly stated or communicated to the depositary.
e) It is understood by "organization of regional economic integration" a
organization consisting of sovereign states that are members of the
Organization of the United Nations or of one of its specialized agencies,
for which those States have transferred their respective competences in
domains governed by this Convention and which has been duly
authorized, according to its internal procedures, to become Part of the
same.
4. The instrument of accession shall be deposited with the Director General of the
UNESCO.
Article 28.
Point of contact
By becoming Party to this Convention, each Party shall designate the " point of
contact " referred to in Article 9.
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Article 29.
Entry into force
1. This Convention shall enter into force three months after the date of the deposit of the
thirtieth instrument of ratification, acceptance, approval or accession, but solely
with regard to the states or regional economic integration organizations that
have deposited the respective instruments of ratification, acceptance, approval or
membership on that date or previously. For the remaining Parties, the Convention will enter into
vigour three months after the deposit of the respective instrument of ratification, acceptance,
approval or accession.
2. For the purposes of this Convention, no instrument deposited by a
organization of regional economic integration should be considered as additional
to the instruments already deposited by Member States of the organization.
Article 30.
Federal or non-unitary constitutional regimes
Recognizing that international agreements bind the Parties of equal
mode, regardless of the respective constitutional systems, the provisions that
whether they follow will apply to Parties that have a federal constitutional regime or not
unitary:
a) With regard to the provisions of this Convention whose application
defaults to the federal or central legislative power, the government's obligations
federal or central shall be the same as those of Parties that are not States
federal.
b) With regard to the provisions of this Convention whose application
defaults to each of the constituent units, be they States,
counties, provinces or cantons, which have not, by force of the regime
constitutional of the federation, the obligation to take legislative measures, the
federal government will take, if necessary, the so-called provisions to the knowledge
of the competent authorities of the constituent units, be they States,
counties, provinces or cantons, accompanied by their assent
for adoption.
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Article 31.
Denunciation
1. Each Party shall be able to denounce the present Convention.
2. The complaint shall be notified upon deposit of an instrument written with the
Director-General of UNESCO.
3. The denunciation shall take effect twelve months after the receipt of the instrument of
denunciation. It will not change in any way the financial obligations that the Party responsible for
denunciation shall have to take up until the date on which its withdrawal becomes effective.
Article 32.
Functions of the depositary
The Director-General of UNESCO, in its capacity as the depositary of the present
Convention, shall inform the Member States of the Organization, the non-members States and
the regional economic integration organizations referred to in Article 27, as well as the
Organization of the United Nations, of the deposit of all instruments of ratification,
acceptance, approval or accession mentioned in Articles 26 and 27, as well as of the
complaints provided for in Article 31.
Article 33.
Changes
1. Any Party may, by written communication addressed to the Director-
General, propose amendments to this Convention. The Director General shall transmit that
communication to all the remaining Parties. If, within a period of six months after the date of
transmission of communication, a minimum of half of the Parties der an answer
favourable to the solicitation of it arising, the Director General shall submit the proposal
presented at the next session of the Conference of the Parties for discussion and eventual
adoption.
2. Changes shall be adopted by a majority of two-thirds of the Parties present
and voting.
3. Once adopted, amendments to this Convention shall be subject to
of ratification, acceptance, approval or accession by the Parties.
25
4. For Parties that have ratified them, accepted or approved, or that to them
have acceded to, the amendments to this Convention shall enter into force three months after the
deposit of the instruments referred to in paragraph 3 of this Article by two thirds of the
Parts. From that time, for each Party that ratifies, accepts or approves a
change or to it adira, such amendment shall enter into force three months after the date of deposit
by the Party of its instrument of ratification, acceptance, approval or accession.
5. The procedure laid down in the n. the
3 and 4 does not apply to changes
introduced in Article 23 regarding the number of members of the Committee
Intergovernmental. Such changes will enter into force at the time of their adoption.
6. A State or a regional economic integration organization in the sense
of Article 27 that becomes Party to this Convention after the entry into force of
changes in accordance with paragraph 4 of this article and which has not manifested
contrarian intention will be considered:
a) Part of this Convention thus amended; and
b) Part in this Convention not amended in relation to any Party which
is not bound by the said amendments.
Article 34.
Texts that make faith
This Convention has been drawn up in English, Arabic, Chinese, Spanish, French
and Russian, making the six texts equally authentic.
Article 35.
Registration
In accordance with Article 102 of the Charter of the United Nations, this Convention
shall be registered in the Secretariat of the United Nations at the request of the Director-
General of UNESCO.
ANNEX
Procedure of Conciliation
Article 1.
Commission of Conciliation
At the request of one of the Parties to the dispute, a Commission shall be set up
Conciliation. Unless acorders differently, the Commission shall be composed of
five members, two of them designated by each of the interested parties and a
chosen president of common agreement by the members thus assigned.
Article 2.
Members of the Commission
In the disputes involving more than two Parties, those with the same
interests should designate from common agreement its members of the Commission. When
two or more Parties have distinct interests or there is disagreement over the fact that
have or not the same interest, the said Parties shall designate their members
separately.
Article 3.
Appointment
If, within two months after the date of the application for the creation of a Commission
of Conciliation, the Parties have not designated all the members of that Commission, the
Director-General of UNESCO, should it be requested by the Party that has formulated the
request, will make the necessary appointments in a new two-month period.
Article 4.
President of the Commission
If, within two months after the appointment of the last of the members of the
Committee, this has not chosen its Chairman, the Managing Director shall, the
request from one of the Party, to the designation of the President in a new two-month period.
Article 5.
Decisions
The Conciliation Commission shall act by a majority of votes of its members.
Unless the Parties to the dispute decide otherwise, they shall establish their own
procedure. The Commission shall submit a motion for a resolution of the dispute that the
Parties will examine in good faith.
Article 6.
Disagreements
In the event of a disagreement as to the competence of the Conciliation Commission, this
will decide whether or not it is competent.