Educational And Cultural Organisation Of The United Nations Educational And Cultural Organisation Of The United Nations - Creation - Full Text Of The Norm

Original Language Title: ORGANIZACION EDUCACIONAL Y CULTURAL DE LAS NACIONES UNIDAS ORGANIZACION EDUCACIONAL Y CULTURAL DE LAS NACIONES UNIDAS - CREACION - Texto completo de la norma

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LEY N° 13.204

United Nations Educational and Cultural Organization.

Buenos Aires, June 18, 1948.

WHY:

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force

Law:

ARTICLE 1 Approve the Convention by creating the United Nations Educational and Cultural Organization and the instrument established by the Preparatory Commission, signed in London by our delegate on 16 November 1945.

ARTICLE 2°- Contact the Executive.

Given in the meeting room of the Argentine Congress, in Buenos Aires, on the eighteenth day of June of the year, a thousand nine hundred forty-eight.

J. H. QUIJANO H. J. CAMPORA
Alberto H. Reales L. Zavalla Carbó

-Registered under No. 13.204-

Final event of the United Nations Conference to Form an Organization for Education, Science and Culture

London, 16 November 1945.

The conference to form a United Nations Educational, Scientific and Cultural Organization has been convened by the Government of the United Kingdom, together with the Government of France.

The respective invitations were sent in accordance with the recommendation made by the San Francisco Conference, and at the request of the conference of the education ministers of the allied countries in order to promote the aims expressed in Article 1. I, paragraph 3 of the Charter of the United Nations. The conference met in London from 1 to 16 November 1945.

The governments of the following countries were represented at the conference by delegates and advisers: Argentina, Australia, Belgium, Bolivia, Brazil, Canada, Czechoslovakia, Cheli, China, Colombia, Cuba, Denmark, Dominican Republic, Ecuador Egypt, France, Greece, Guatemala, Haiti, India, Iraq, Iran, Lebanon, Luxembourg, Mexico, Nicaragua, Norway, New Zealand, Netherlands, United Kingdom of Great Britain, United Kingdom of America, Panama, Peru

The following organizations were also represented by observers: International Labour Organization, Secretariat of the League of Nations, Committee on Intellectual Cooperation of the League of Nations, International Institute for Intellectual Cooperation, Pan American Union, United Nations Relief and Rehabilitation Organization (UNRRA), International Bureau of Education.
The conference took into consideration and adopted as a basis for its discussions a draft constitution prepared by the conference of the education ministers of the allied countries. It also took into account a draft constitution submitted by the French government. Some proposals submitted by other Governments and various organizations were also submitted to the conference.

Having studied these projects and proposals, the conference formulated a constitution to create an organization for education, science and culture and an instrument that establishes a preparatory commission for education, science and culture. The conference also adopted the following resolution:

“The headquarters of the United Nations Organization for Equation, Science and Culture will be Paris.

“This resolution will not in any way affect the decree of the General Conference to make decisions in this regard, by a majority of the two thirds.”

In faith of which, the subscribers have signed the Final Act.

Made in London, the tenth day of November 1945, in a single copy whose French and English texts will be equally valid. This copy shall be deposited in the archives of the Government of the United Kingdom and shall send certified copies thereof to the Governments of all the United Nations.

Constitution of the United Nations Educational, Scientific and Cultural Organization

London, 16 November 1945.

The Governments of the States signatories to this Constitution, on behalf of their peoples, declare:

That since wars are born in the mind of men, it is in the minds of men where the bastions of peace must be erected;

That the mutual incomprehension of the peoples has been through history, one of the reasons for mistrust and recital among the nations, so their disagreements have degenerated into war too often;

That the great and terrible war that has just concluded was possible by the denial of the democratic principles of dignity, equality and respect of man and by the will to replace such principles by exploiting prejudices and ignorance, with the dogma of the inequality of men and of races;

That the dignity of man in demanding the wide dissemination of the culture and education of all for justice, freedom and peace creates a sacred duty that all nations must fulfil within a spirit of responsibility and mutual assistance;

That a peace based exclusively on the political and economic agreements of Governments could not obtain the sincere and lasting unanimous support of peoples and that, therefore, that peace should be based on the intellectual and moral solidarity of humanity.

For these reasons the States signatories to this Constitution, convinced of the need to ensure to all broad and equal opportunities for education, the unrestricted investigation of objective truth and the free exchange of ideas and to multiply relations among their peoples so that they understand each other better and acquire a more accurate and true knowledge of their respective lives.

Accordingly, the United Nations Educational, Scientific and Cultural Organization, in order to achieve, through the cooperation of the nations of the world in the fields of education, science and culture, the objectives of international peace and the general well-being of mankind for which the United Nations has been established, and its Charter proclaims.


ARTICLE I

Purposes and functions

1. The purpose of the organization is to contribute to peace and security by promoting collaboration among nations through education, science and culture in order to ensure universal respect for justice, law, human rights and fundamental freedoms for all, without distinction as to race, sex, language and religion, which the Charter of the United Nations recognizes to all peoples of the world.

2. To accomplish this purpose, the organization:

(a) Promote the best mutual understanding and understanding of nations by cooperating with the information bodies of the masses; to that end it will recommend the necessary agreements it deems appropriate to facilitate the free movement of ideas through word and image;

(b) It will give new and vigorous impetus to popular education and the spread of culture:

Working with member States at their request in the development of their educational activities;

Instituting cooperation among nations to promote the ideal of an equal opportunity for education for all, without distinction as to race, sex, social or economic status;

Suggesting the most convenient educational methods to prepare children around the world for the responsibilities involved in freedom;

(c) Contribute to the conservation, progress and dissemination of knowledge:

Ensuring the conservation and protection of the universal heritage of books, works of art and historical and scientific monuments and recommending to the peoples concerned the international conventions necessary for that purpose;

Encouraging cooperation among nations in all branches of intellectual activity, including the international exchange of representatives of education, science and culture, as well as the exchange of publications, works of art, laboratory materials and any relevant documentation;

Facilitating, by appropriate methods of international cooperation, the access of all peoples to what they publish.

3. In order to ensure the fruitful independence, integrity and diversity of the cultures and educational systems of the member States of this organization, the same prohibits intervening in matters that are essentially within their jurisdiction.

ARTICLE II

Member States

1. The States members of the United Nations Organization have the right to form part of the United Nations Organization for Equation, Science and Culture.

2. In accordance with the terms of the agreement between this organization and the United Nations Organization, adopted in accordance with art. X of this Constitution, States that are not members of the United Nations Organization may, upon recommendation of the Executive Council, be admitted as members of this organization by a majority vote of two thirds of the General Conference.

3. The member States of the organization that are suspended in the exercise of their rights and privileges as members of the United Nations Organization shall, at their request, be suspended from the rights and privileges inherent in the quality of members of the United Nations Educational, Scientific and Cultural Organization.

4. The member States of the organization shall cease ipso facto from membership, if excluded from the United Nations.

ARTICLE III

Organizations
The organization will comprise a General Conference, an Executive Council and a Secretariat.

ARTICLE IV

The General Conference
A) Composition:

1. The General Conference shall consist of the representatives of the member States of this organization. The government of each member State shall appoint no more than five delegates, who shall be selected after consultation with the national commission, whether it exists, or with educational, scientific and cultural institutions.

B) Functions:

2. The General Conference will determine the overall policy and guidelines of the work of the organization. It will decide on the programmes planned by the Executive Council.

3. The General Conference, when it deems it appropriate, will convene international conferences on education, science, humanities and dissemination of knowledge.

4. The General Conference, in adopting proposals to be submitted to member States, shall distinguish between international recommendations and conventions to be ratified by them. In the first case a majority of votes will be sufficient; the second will require two thirds. Each member State shall submit recommendations or conventions to its competent authorities within one year of the closing date of the meeting of the General Conference at which they have been adopted.

5. The General Conference shall advise the United Nations Educational, Scientific and Cultural Organization concerning the latter in accordance with the terms and procedures agreed upon between the competent authorities of the two organizations.

6. The General Conference shall receive and consider the reports submitted periodically by the member States in accordance with the provisions of art. VIII.

7. The General Conference shall elect the members of the Executive Council, and upon its recommendation, shall appoint the Director-General.

C) Vote:

8. Each member State shall have one vote at the General Conference. Decisions shall be made by a simple majority, except where a two-thirds majority is required by the provisions of this Constitution. Most members present and voting will be understood.

D) Procedure:

9. The General Conference shall meet annually in regular session; it may meet in special session when convened by the Executive Council. At each session, the General Conference will mark the place of the next meeting, which will change every year.

10. The General Conference shall, at each session, elect its chairman and board of directors, and adopt its internal rules of procedure.

11. The General Conference shall establish special and technical committees as well as other subsidiary bodies that are necessary for the conduct of its work.

12. The General Conference, in accordance with the provisions of its internal rules of procedure, shall take the necessary measures to enable the public to attend the proceedings.

(e) Observers:

13. The General Conference, on the recommendation of the Executive Council, by a two-thirds majority and in accordance with its internal rules of procedure, may invite representatives of international organizations, such as those referred to in article, as observers to certain meetings of the Conference or its commissions. XI, inc. 4°.

ARTICLE V

Executive Council

A) Composition:

1. The Executive Council shall consist of 18 members elected by the General Conference from among delegates appointed by the member States and by the President of the Conference, who shall serve as an ex officio adviser.

2. To elect the members of the Executive Council, the General Conference will seek to include persons competent in the arts, humanities, science, education and dissemination of thought and qualified for their experience and ability to fulfil the administrative and executive obligations of the Council. It will also take into account the diversity of cultures and equitable geographical distribution. No more than one national of each member State will serve in the council at the same time, except the president of the conference.

3. Members elected for the Executive Council shall be in office for a period of three years, and may be immediately eligible for a second term, but may not serve consecutively for more than two periods. In the first election, ten and eight members shall be appointed, of which one third shall be withdrawn at the end of the first year, and another third at the end of the second year. The withdrawal order will be determined immediately after the election by draw. Six members will be elected each year.

4. In the event of the death or resignation of one member, the Executive Council shall designate from among delegates of member States, a substitute who shall serve until the next session of the General Conference, which shall elect a member for the remainder of the period.

B) Functions:

5. The Executive Council, acting under the authority of the General Conference, shall be responsible to the Conference for the implementation of the agenda adopted by the Conference and shall prepare the agenda and programme of work of the meetings of the Conference.

6. The Executive Council shall recommend to the General Conference the admission of new members of the Organization.

7. Subject to the decision of the General Conference, the Executive Council shall adopt its own regulations and elect its officials from among its members.

8. The Executive Council shall meet in regular meetings at least twice a year and may meet in extraordinary meetings if convened by its President, at its own initiative or at the request of six members of the Council.

9. The President of the Executive Council shall submit to the General Conference, with or without observations, the annual report of the Director-General on the activities of the organization, which shall have been previously submitted to the Council.

10. The Executive Council shall make the necessary arrangements to consult with representatives of international organizations or qualified persons interested in matters within its competence.

11. The members of the Executive Council shall exercise the powers delegated to them by the General Conference on behalf of the conference itself and not as representatives of their respective rulers

ARTICLE VI

Secretariat

1. The Secretariat is made up of a general director and staff as necessary.

2. The Director-General shall be proposed by the Executive Council and appointed by the General Conference for a period of six years, under the conditions approved by the conference and may be re-elected for a new period. He'll be the administrative head of the organization.

3. The Director-General or a delegate designated by him shall participate, without the right to vote, in all meetings of the General Conference, the Executive Council and the Commissions of the Organization; and make proposals on the measures to be taken by the conference and the Council.

4. The Director-General shall appoint the staff of the secretariat in accordance with the status of staff approved by the General Conference. Subject to the primary consideration of ensuring the highest standards of integrity, efficiency and technical competence, staff appointments will be made on the widest possible geographical basis.

5. The responsibilities of the Director-General and staff shall be exclusively international. In carrying out their duties they shall not request or receive instructions from any Government or from any authority alien to the Organization. They will refrain from any action that may compromise their situation as international officials. Each member State of the Organization is obliged to respect the international character of the functions of the Director-General and staff and not to try to influence the performance of its work.

6. None of the provisions of this article will prevent the Organization from entering into special arrangements with the United Nations, for common services and staff and for the exchange of staff.

ARTICLE VII

National cooperation commissions

1. Each member State shall make appropriate arrangements to its particular situation, with the aim of associating the organization, the main national groups that are interested in the problems of education, scientific research and culture, preferably constituting a national commission in which the government and the groups cited are widely represented.

2. The national cooperation commissions, where they exist, shall act as advisers of the delegations of their respective countries to the General Conference and their Governments, in matters related to the organization, and shall serve as liaison agencies in all matters of interest to it.

3. At the request of a member State, the organization may delegate, either temporarily or permanently, a member of its secretariat, to serve in the national commission of such a State, in order to assist in the development of its work.

ARTICLE VIII

Reports of member States

Each member State shall report regularly to the organization on the laws, regulations and statistics relating to its educational, scientific and cultural life and on its institutions, as well as on the actions taken in relation to the recommendations and conventions referred to in the article. IV, inc. 4°.

ARTICLE IX

Budget
1. The budget will be administered by the organization.

2. The General Conference shall finally approve the budget and establish the financial participation of each member State of the organization, subject to arrangements with the United Nations, in the manner to be established in the convention to be held in accordance with art. X.

3. The Director-General, with the approval of the Executive Council, can receive donations, legacies and grants directly from Governments, public and private institutions, associations and individuals.

ARTICLE X

Relations with the United Nations

This organization will enter into relations with the United Nations as soon as possible, as one of the specialized institutions referred to in art. 57 of the Charter of the United Nations. This relationship shall be carried out through an agreement with the United Nations Organization, in accordance with Article 63 of the Charter, which shall be subject to the approval of the General Conference of this organization. The agreement will provide what is necessary to obtain effective cooperation between the two organizations in the pursuit of their common purposes, and at the same time it must recognize the autonomy of this organization, within the field of its competence, as defined in this Constitution. Such an agreement may, among other matters, provide approval and funding for the organization ' s budget, by the United Nations General Assembly.

ARTICLE XI

Relations with other specialized international organizations and institutions

1. This organization may cooperate with other special intergovernmental organizations and institutions, whose interests and activities are related to the purposes of the organization. To that end, the Director-General, acting under the senior authority of the Executive Council, may establish effective working relationships with such organizations and institutions, and establish the joint commissions that are necessary to ensure effective cooperation. Any formal arrangement with such organizations and institutions shall be subject to the approval of the Executive Council.

2. As long as the General Conference of this organization and the competent authorities of any other intergovernmental organization or specialized institution, whose activities and objectives are similar to those of this organization, it is considered desirable to transfer its resources and its activities to this organization, the Director General, with the approval of the conference, may enter into mutually acceptable arrangements for this purpose.

3. This organization may agree with other intergovernmental organizations for reciprocal representation at their meetings.

4. The United Nations Educational, Scientific and Cultural Organization may make arrangements to facilitate consultations and ensure cooperation with international non-governmental organizations, interested in matters within its competence, and may invite them to take specific tasks. Such cooperation may also include appropriate participation by representatives of such organizations in the consultative commissions, which are made up of the General Conference.

ARTICLE XII

Legal status of the organization

The provisions of arts. 104 and 105 of the Charter of the United Nations, concerning the legal status of that organization, its privileges and its immunities, shall apply in the same way to this organization.

ARTICLE XIII

Reforms

1. Proposals for reforms to this Constitution shall be effective upon the adoption of the General Conference by a two-thirds majority taking into account, however, that those reforms that signify fundamental alterations in the purposes of the organization, or new obligations for member States, will require the subsequent acceptance of the two-thirds of the member States, before entry into force. Draft reform proposals will have to be communicated by the Director-General to member States at least six months before being considered by the General Conference.

2. The General Conference shall have the powers to adopt, by most of the two thirds, the rules of procedure for the implementation of the provisions of this rule.

ARTICLE XIV

Interpretation
1. The French and English texts of this Constitution shall have the same validity.

2. All problems and differences arising in relation to this Constitution shall be submitted to the International Court of Justice or to an arbitral tribunal, as determined by the General Conference.

ARTICLE XV

Vigilance

1. This Constitution shall be subject to acceptance. Acceptance instruments shall be deposited with the Government of the United Kingdom.

2. This Constitution shall remain open for signature in the archives of the Government of the United Kingdom. Signatures may take place either before or after the deposit of the instrument of acceptance. No acceptance shall be valid unless preceded or followed by the signature.

3. This Constitution shall enter into force when it has been accepted by twenty of its signatories. Subsequent acceptances will have effect immediately.

4. The Government of the United Kingdom shall inform all members of the United Nations of the receipt of all instruments of acceptance and of the date on which this Constitution enters into force in accordance with the preceding paragraph.

In faith, the legally authorized subscribers to that effect have signed the present Constitution in the English and French languages, both texts being equally authentic.

Made in London, on November 16, one hundred and forty-five, in a single copy in the two languages, English and French, copies of which, duly certified, will be made available, by the Government of the United Kingdom, to the governments of each of the States members of the United Nations.

Instrument establishing a Preparatory Commission for Education, Science and Culture

London, 16 November 1945.

Governments represented at the United Nations Conference on Education and Culture in London.

Having resolved to establish an international organization to be called the United Nations Educational, Scientific and Cultural Organization;

Having formulated the Constitution of the United Nations Educational, Scientific and Cultural Organization.

Agree to the following:

1. In the meantime the Constitution is put into effect and the Organization is established prior to this Constitution, a Preparatory Commission is established to prepare the first session of the General Conference of the Organization and to take the following measures:

2. To this end, the commission:

(a) To convene the first meeting of the General Conference;

(b) It shall prepare the provisional agenda for the first meeting of the General Conference and the relevant documents and recommendations for matters included in the agenda, including those relating to the possible transfer of the powers, activities and assets of existing international agencies, and the specific conventions between this Organization and the United Nations Organization and the arrangements relating to the secretariat of the Organization and the appointment of its Director-General;

(c) Undertake studies and prepare recommendations on the programme and budget of the Organization for submission to the General Conference at its 1st meeting;

(d) Take immediate measures without delay for the reconstruction of education, science and culture in war-torn countries, as specified in paragraphs 6 and 7.

3. The commission shall consist of a representative of each of the Governments that sign this instrument.

4. The commission shall appoint an Executive Committee consisting of fifteen members to be elected at the first session of the commission. The Executive Committee shall exercise any power or powers of the commission, as decided by the Commission.

5. The commission shall develop its own internal rules of procedure, and shall designate the committees and consult the experts it deems appropriate to facilitate their work.

6. The commission shall appoint a special technical subcommittee to study problems relating to the needs of education, science and culture in war-torn countries, taking into account the information already obtained and the work being done by other international organizations, and to prepare a report, as full as possible, on the nature and extent of such problems to be presented at the first session of the general conference.

7. Where the special technical subcommittee considers that it is possible immediately to take some measures to alleviate any needs, in Education, Science and Culture, this body shall inform the commission in this regard; if the commission deems it appropriate, it shall draw the attention of Governments, organizations and persons wishing to assist with donations of funds, materials or services in order to enable donors to provide coordinated assistance to countries that need it, either directly or through the means of assistance.

8. The commission shall appoint an executive secretary, who shall exercise the powers and perform the functions determined by the commission itself, with the assistance of international staff as necessary. The staff shall, as far as possible, be composed of officials and experts authorized to this end by the governments of the member States at the invitation of the Executive Secretary.

9. The provisions of arts. 104 and 105 of the Charter of the United Nations Organization, relating to the legal status of this organization, and to its privileges and immunities, shall also apply to this commission.

10. The Commission will hold its first meeting in London immediately after the closure of this conference and will continue to meet in London until the Constitution of the Organization enters into force. The commission will then move to Paris, where the Permanent Organization will host.

11. While the commission is based in London, its expenses will be covered by the UK government, subject to:

(1) That the amount of such expenses, be deducted until their recovery, from the contributions that this government should give to the new organization;

(2) May the commission be allowed, if circumstances justify, to request contributions from other Governments.

When the commission moves to Paris, the French government will support these financial commitments under the same conditions.

12. The commission shall cease to exist when the Director-General of the Organization enters into office; the assets and archives of the commission shall then be transferred to the Organization.

13. The Government of the United Kingdom shall be the depositary and shall have the custody of the original document in English and French which establishes these provisional conventions. The UK government will hand over the original document to the Director General when it becomes operational.

14. The present instrument shall enter into force from the day of date and shall remain open for signature by representatives of States entitled to be members originating from the United Nations Organization for Equation, Science and Culture, until the commission is dissolved in accordance with paragraph 12.

In faith of which the subscribers, duly authorized representatives, have signed the English and French texts of this instrument, both equally valid.

Made in London, on the sixteenth day of November 1945, in a single copy in the English and French languages, copies of which will be delivered by the Government of the United Kingdom to the Governments of all States members of the United Nations.