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Law Approving The Convention On The Protection And Promotion Of The Diversity Of Cultural Expressions, And The Annex, Adopted In Paris On October 20, 2005 (1) (2)

Original Language Title: Loi portant assentiment à la Convention sur la protection et la promotion de la diversité des expressions culturelles, et à l'Annexe, adoptées à Paris le 20 octobre 2005 (1) (2)

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19 JULY 2013. - An Act to approve the Convention on the Protection and Promotion of the Diversity of Cultural Expressions, and to the Schedule, adopted in Paris on 20 October 2005 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention on the Protection and Promotion of the Diversity of Cultural Expressions, and the Annex, adopted in Paris on 20 October 2005, will come out with their full effect.
The amendments to the Convention referred to in Article 1, which will be adopted pursuant to Article 33, paragraph 5, of that Convention, shall be effective and effective.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 July 2013.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of Social Affairs and Public Health, Federal Cultural Institutions,
Ms. L. ONKELINX
The Secretary of State for Science Policy,
Ph. COURARD
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2012-2013.
Senate.
Documents:
Bill tabled on 22/03/2013, No. 5-2025/1.
Report on behalf of the Commission, No. 5-2025/2.
Annales parlementaire
Discussion, meeting of May 2, 2013.
Vote, meeting of 2 May 2013.
Room
Documents:
Project transmitted by the Senate, No. 53-2794/1.
Report on behalf of the Commission, No. 53-2794/2.
Text adopted in plenary and subject to Royal Assent, No. 53-2794/3.
Annales parlementaire
Discussion, meeting of May 29, 2013.
Vote, meeting of 29 May 2013.
(2) See Decree of the Flemish Community/Flemish Region of 6 May 2011 (Belgian Monitor of 15 June 2011 ), Decree of the French Community of 2 June 2006 (Belgian Monitor of 7 August 2006), Decree of the German-speaking Community of 30 October 2006 (Belgian Monitor of 4 January 2007), Decree of the Walloon Region of 10 November 2006 (Belgium Region of 28 November 2006), Order of the Belgian Region

Convention on the Protection and Promotion of the Diversity of Cultural Expressions
The General Conference of the United Nations Educational, Scientific and Cultural Organization, held in Paris from 3 to 21 October 2005 for its 33e session,
Affirming that cultural diversity is an inherent characteristic of humanity,
Aware that cultural diversity is a common heritage of humanity and should be celebrated and preserved for the benefit of all,
Knowing that cultural diversity creates a rich and varied world that broadens the choices, nourishes human capacities and values, and thus is a fundamental source of the sustainable development of communities, peoples and nations,
Recalling that cultural diversity, which is rooted in a framework of democracy, tolerance, social justice and mutual respect among peoples and cultures, is essential to peace and security at the local, national and international levels,
Commending the importance of cultural diversity for the full realization of human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and other universally recognized instruments,
Emphasizing the need to integrate culture as a strategic element in national and international development policies, as well as in international development cooperation, also taking into account the United Nations Millennium Declaration (2000), which focuses on poverty eradication,
Considering that culture takes various forms in time and space and that this diversity embodies in the originality and plurality of identities as well as in the cultural expressions of the peoples and societies that constitute humanity,
Acknowledging the importance of traditional knowledge as a source of intangible and material wealth, and in particular the knowledge systems of indigenous peoples, and their positive contribution to sustainable development, as well as the need to ensure their adequate protection and promotion,
Recognizing the need to take measures to protect the diversity of cultural expressions, including their content, in particular in situations where cultural expressions can be threatened with extinction or severe deterioration,
Emphasizing the importance of culture for social cohesion in general, and in particular its contribution to improving the status and role of women in society,
Aware that cultural diversity is strengthened by the free flow of ideas, and that it feeds on constant exchanges and interactions between cultures,
Reaffirming that freedom of thought, expression and information, as well as the diversity of the media, enable the development of cultural expressions within societies,
Recognizing that the diversity of cultural expressions, including traditional cultural expressions, is an important factor that allows individuals and peoples to express and share their ideas and values with others,
Recalling that linguistic diversity is a fundamental element of cultural diversity, and reaffirming the fundamental role of education in the protection and promotion of cultural expressions,
Considering the importance of the vitality of cultures for all, including for persons belonging to minorities and indigenous peoples, as manifested by their freedom to create, disseminate and distribute their traditional cultural expressions and to have access to them so as to promote their own development,
Emphasizing the essential role of cultural interaction and creativity, which nourish and renew cultural expressions, and strengthen the role of those who work for the development of culture for the advancement of society as a whole,
Recognizing the importance of intellectual property rights to support people involved in cultural creativity,
Convinced that cultural activities, goods and services have a dual nature, economic and cultural, because they are bearing identities, values and meaning and therefore should not be treated as having exclusively a commercial value,
Recognizing that the processes of globalization, facilitated by the rapid evolution of information and communication technologies, if they create the unpublished conditions for enhanced intercultural interaction, are also a challenge to cultural diversity, particularly in terms of the risks of imbalances between rich and poor countries,
Aware of UNESCO's specific mandate to ensure respect for the diversity of cultures and to recommend the international agreements it considers useful to facilitate the free movement of ideas by word and image,
Referring to the provisions of UNESCO's international instruments relating to cultural diversity and the exercise of cultural rights, in particular to the 2001 Universal Declaration on Cultural Diversity,
Adopts this Convention on 20 October 2005.
I. OBJECTIVES AND PRINCIPLES
Article 1 - Objectives
The objectives of this Convention are:
(a) to protect and promote the diversity of cultural expressions;
(b) create conditions that allow cultures to flourish and interact freely so as to enrich each other;
(c) encourage dialogue among cultures to ensure more intense and balanced cultural exchanges around the world in favour of intercultural respect and a culture of peace;
(d) to stimulate interculturality in order to develop cultural interaction in the spirit of bending bridges between peoples;
(e) promote respect for the diversity of cultural expressions and awareness of its value at the local, national and international levels;
(f) to reaffirm the importance of the link between culture and development for all countries, in particular developing countries, and to encourage national and international efforts to recognize the true value of this link;
(g) recognize the specific nature of cultural activities, goods and services as bearers of identity, values and meaning;
(h) to reaffirm the sovereign right of States to retain, adopt and implement the policies and measures they consider appropriate for the protection and promotion of the diversity of cultural expressions in their territory;
(i) to strengthen international cooperation and solidarity in a spirit of partnership to, inter alia, increase the capacity of developing countries to protect and promote the diversity of cultural expressions.
Article 2 - Guiding principles
1. Principle of respect for human rights and fundamental freedoms
Cultural diversity can only be protected and promoted if human rights and fundamental freedoms such as freedom of expression, information and communication, as well as the possibility for individuals to choose cultural expressions, are guaranteed. No one may invoke the provisions of this Convention to infringe upon human rights and fundamental freedoms as enshrined in the Universal Declaration of Human Rights or guaranteed by international law, or to limit its scope.
2. Principle of sovereignty
States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to adopt measures and policies to protect and promote the diversity of cultural expressions in their territory.
3. Principle of equal dignity and respect for all cultures
The protection and promotion of the diversity of cultural expressions involve recognition of equal dignity and respect for all cultures, including those belonging to minorities and indigenous peoples.
4. Principle of international solidarity and cooperation
International cooperation and solidarity should enable all countries, particularly developing countries, to create and strengthen the means necessary for their cultural expression, including their cultural industries, whether they are emerging or established, at the local, national and international levels.
5. Principle of complementarity of economic and cultural aspects of development
Culture being one of the fundamentals of development, the cultural aspects of development are as important as its economic aspects, and individuals and peoples have the fundamental right to participate and enjoy them.
6. Sustainable development principle
Cultural diversity is a great wealth for individuals and societies. The protection, promotion and maintenance of cultural diversity is an essential condition for sustainable development for present and future generations.
7. Equitable access principle
Equitable access to a rich and diversified range of cultural expressions from all over the world and the access of cultures to means of expression and diffusion are important elements for enhancing cultural diversity and promoting mutual understanding.
8. Principle of opening and balance
When States adopt measures to promote the diversity of cultural expressions, they should ensure that other cultures of the world are appropriately promoted and that these measures are consistent with the objectives of this Convention.
II. PAPLICATION CHAMP
Article 3 - Scope of application
This Convention applies to policies and measures adopted by Parties relating to the protection and promotion of the diversity of cultural expressions.
III. DEFINITIONS
Article 4 - Definitions
For the purposes of this Convention, it is understood that:
1. Cultural diversity
"Cultural diversity" refers to the multiplicity of forms by which cultures of groups and societies find expression. These expressions are transmitted within groups and societies and between them.
Cultural diversity is manifested not only in the various forms through which the cultural heritage of humanity is expressed, enriched and transmitted to the variety of cultural expressions, but also through various modes of artistic creation, production, diffusion, distribution and enjoyment of cultural expressions, regardless of the means and technologies used.
2. Cultural content
"Cultural content" refers to the symbolic meaning, artistic dimension and cultural values that originate or express cultural identities.
3. Cultural expression
"Cultural Expressions" are expressions that result from the creativity of individuals, groups and societies, and have cultural content.
4. Cultural activities, goods and services
"Cultural activities, goods and services" refers to activities, goods and services that, as long as they are considered in terms of their specific quality, use or purpose, embody or transmit cultural expressions, regardless of the commercial value they may have. Cultural activities can be an end in themselves, or contribute to the production of cultural goods and services.
5. Cultural industries
"Cultural industries" refers to industries producing and distributing cultural goods or services as defined in paragraph 4 above.
6. Cultural policies and measures
"Cultural policies and measures" refers to policies and measures relating to culture, at a local, national, regional or international level, whether they are centred on culture as such, or intended to have a direct impact on the cultural expressions of individuals, groups or societies, including the creation, production, dissemination and distribution of cultural activities, goods and services and on access to them.
7. Protection
"Protection" means the adoption of measures to preserve, safeguard and enhance the diversity of cultural expressions.
"Protection" means adopting such measures.
8. Interculturality
"Interculturality" refers to the existence and equitable interaction of various cultures as well as the possibility of generating cultural expressions shared by dialogue and mutual respect.
IV. RIGHTS AND OBLIGATIONS OF THE PARTIES
Article 5 - General rule on rights and obligations
1. The Parties reaffirm, in accordance with the Charter of the United Nations, the principles of international law and universally recognized human rights instruments, their sovereign right to formulate and implement their cultural policies and to adopt measures to protect and promote the diversity of cultural expressions and to strengthen international cooperation in order to achieve the objectives of this Convention.
2. When a Party implements policies and takes measures to protect and promote the diversity of cultural expressions in its territory, its policies and measures must be consistent with the provisions of this Convention.
Article 6 - Rights of the parties at the national level
1. Within the framework of its cultural policies and measures as described in Article 4.6, and taking into account the circumstances and needs of each Party, each Party may adopt measures to protect and promote the diversity of cultural expressions in its territory.
2. These measures may include:
(a) regulatory measures to protect and promote the diversity of cultural expressions;
(b) measures that, in an appropriate manner, provide opportunities for national cultural activities, goods and services, to find their place among all cultural activities, goods and services available in its territory, with respect to their creation, production, dissemination, distribution and enjoyment, including the language provisions used for such activities, goods and services;
(c) measures to provide independent national cultural industries and informal sector activities with real access to the means of production, dissemination and distribution of cultural activities, goods and services;
(d) measures to provide public financial assistance;
(e) measures to encourage non-profit organizations, public and private institutions, artists and other cultural professionals, to develop and promote the free exchange and free movement of cultural ideas and expressions, as well as cultural activities, goods and services, and to stimulate the creation and entrepreneurial spirit of their activities;
(f) measures to establish and support public service institutions appropriately;
(g) measures to encourage and support artists and all those involved in the creation of cultural expressions;
(h) measures to promote the diversity of the media, including through the public broadcasting service.
Article 7 - Measures to promote cultural expressions
1. Parties shall endeavour to create an environment in their territory that encourages individuals and social groups:
(a) to create, produce, disseminate and distribute their own cultural expressions and to have access to them, taking due account of the special conditions and needs of women, as well as various social groups, including persons belonging to minorities and indigenous peoples;
(b) have access to various cultural expressions from their territory and other countries of the world.
2. Parties also endeavour to recognize the important contribution of artists and all those involved in the creative process, cultural communities and organizations that support them in their work, as well as their central role in fostering the diversity of cultural expressions.
Article 8 - Measures to protect cultural expressions
1. Without prejudice to the provisions of Articles 5 and 6, a Party may diagnose the existence of special situations where cultural expressions in its territory are subject to a risk of extinction, a serious threat, or in any way require an urgent safeguard.
2. Parties may take all appropriate measures to protect and preserve cultural expressions in the situations referred to in paragraph 1 in accordance with the provisions of this Convention.
3. Parties shall report to the Intergovernmental Committee referred to in Article 23 on all measures taken to address the requirements of the situation, and the Committee may make appropriate recommendations.
Article 9 - Sharing of information and transparency
Parties:
(a) provide, every four years, in their reports to UNESCO, appropriate information on measures taken to protect and promote the diversity of cultural expressions in their territory and at the international level;
(b) designate a point of contact for the sharing of information relating to this Convention;
(c) share and exchange information on the protection and promotion of the diversity of cultural expressions.
Article 10 - Education and public awareness
Parties:
(a) promote and develop an understanding of the importance of the protection and promotion of the diversity of cultural expressions, including through public education and awareness programs;
(b) cooperate with other Parties and international and regional organizations to achieve the objective of this Article;
(c) promote creativity and strengthen production capacity through the development of education, training and exchange programmes in the field of cultural industries. These measures should be applied so as not to have a negative impact on traditional production forms.
Article 11 - Participation of civil society
Parties recognize the fundamental role of civil society in protecting and promoting the diversity of cultural expressions. Parties shall encourage the active participation of civil society in their efforts to achieve the objectives of this Convention.
Article 12 - Promotion of international cooperation
Parties are working to strengthen their bilateral, regional and international cooperation in order to create conditions conducive to the promotion of the diversity of cultural expressions, taking particular account of the situations mentioned in Articles 8 and 17, with a view to:
(a) Facilitating dialogue between them on cultural policy;
(b) Strengthen strategic capacity and public sector management in public cultural institutions, including professional and international cultural exchanges, as well as sharing best practices;
(c) Strengthen partnerships with civil society, non-governmental organizations and the private sector to promote and promote the diversity of cultural expressions;
(d) promote the use of new technologies and encourage partnerships to enhance information sharing and cultural understanding, and to promote the diversity of cultural expressions;
(e) encourage the conclusion of co-production and co-distribution agreements.
Article 13 - Integration of culture in sustainable development
Parties are working to integrate culture into their development policies at all levels, to create conditions conducive to sustainable development and, in this context, to promote aspects related to the protection and promotion of the diversity of cultural expressions.
Article 14 - Development cooperation
Parties are committed to supporting cooperation for sustainable development and poverty reduction, particularly with regard to the specific needs of developing countries, with a view to promoting the emergence of a dynamic cultural sector, inter alia:
(a) Strengthening the cultural industries of developing countries:
(i) by creating and strengthening capacities for cultural production and distribution in developing countries;
(ii) facilitating the wider access of their cultural activities, goods and services to the global market and to international distribution channels;
(iii) allowing the emergence of viable local and regional markets;
(iv) adopting, whenever possible, appropriate measures in developed countries to facilitate access to their territory of the cultural activities, goods and services of developing countries;
(v) supporting creative work and facilitating, to the extent possible, the mobility of artists from developing countries;
(vi) encouraging appropriate collaboration between developed and developing countries, including in the areas of music and film;
(b) Capacity-building through the exchange of information, experience and expertise, as well as human resources training in developing countries in the public and private sectors, including strategic and management capacities, policy development and implementation, the promotion and distribution of cultural expressions, the development of medium, small and micro-enterprises, the use of technologies and the development and transfer of skills;
(c) Transfer of technology and know-how through the establishment of appropriate incentives, particularly in the field of cultural industries and enterprises;
(d) Financial support by:
(i) the establishment of an International Fund for Cultural Diversity, as provided for in section 18;
(ii) the provision of official development assistance as necessary, including technical assistance to stimulate and support creativity;
(iii) other forms of financial assistance such as low interest loans, grants and other funding mechanisms.
Article 15 - Method of collaboration
Parties encourage the development of partnerships between the public and private sectors and non-profit organizations to cooperate with developing countries in strengthening their capacity to protect and promote the diversity of cultural expressions. These innovative partnerships will focus, in response to the concrete needs of developing countries, on the development of infrastructure, human resources and policies as well as on the exchange of cultural activities, goods and services.
Article 16 - Preferential treatment for developing countries
Developed countries facilitate cultural exchanges with developing countries by providing, through appropriate institutional and legal frameworks, preferential treatment to their artists and other cultural professionals and practitioners, as well as their cultural goods and services.
Article 17 - International cooperation in situations of grave threat against cultural expressions
Parties shall cooperate to provide mutual assistance, in particular in developing countries, in the situations referred to in Article 8.
Article 18 - International Fund for Cultural Diversity
1. It is created an International Fund for Cultural Diversity, referred to as "the Fund".
2. The Fund is made up of deposit funds in accordance with the UNESCO Financial Regulations.
3. The Fund ' s resources are:
(a) voluntary contributions from Parties;
(b) the funds allocated for this purpose by the UNESCO General Conference;
(c) payments, gifts or bequests that may be made by other States, organizations and programmes of the United Nations system, other regional or international organizations, public or private bodies or private individuals;
(d) any interest due to the resources of the Fund;
(e) the proceeds of the collection and receipts of events for the benefit of the Fund;
(f) any other resources authorized by the Fund ' s Regulations.
4. The use of the Fund's resources is decided by the Intergovernmental Committee on the basis of the guidance of the Conference of the Parties referred to in Article 22.
5. The Intergovernmental Committee may accept contributions and other forms of assistance for general or specific purposes relating to specific projects, provided such projects are approved by the Intergovernmental Committee.
6. Contributions to the Fund may not be accompanied by any political, economic or other condition that is incompatible with the objectives of this Convention.
7. Parties shall endeavour to make voluntary contributions on a regular basis for the implementation of this Convention.
Article 19 - Exchange, analysis and dissemination of information
1. Parties agree to exchange information and expertise on data collection and statistics on the diversity of cultural expressions, as well as best practices for the protection and promotion of cultural expressions.
2. UNESCO facilitates, through existing mechanisms within the Secretariat, the collection, analysis and dissemination of all relevant information, statistics and best practices.
3. In addition, UNESCO maintains and maintains a data bank for the various sectors and governmental, private and non-profit organizations working in the field of cultural expressions.
4. In order to facilitate the collection of data, UNESCO pays particular attention to building the capacity and expertise of Parties that request assistance in this area.
5. The collection of information set out in this section completes the information referred to in the provisions of Article 9.
V. RELATIONS WITH OTHER INSTRUMENTS
Article 20 - Relations with other instruments: mutual support, complementarity and non-subordination
1. Parties recognize that they must fulfil their obligations under this Convention and all other treaties to which they are parties in good faith. Thus, without subordinating this Convention to other treaties,
(a) They encourage mutual support between the Convention and the other treaties to which they are parties; and
(b) where they interpret and apply the other treaties to which they are parties or when they subscribe to other international obligations, Parties shall take into account the relevant provisions of this Convention.
2. Nothing in this Convention shall be construed as amending the rights and obligations of the Parties under other treaties to which they are parties.
Article 21 - International dialogue and coordination
Parties undertake to promote the objectives and principles of this Convention in other international forums. To this end, Parties shall consult, as appropriate, keeping in mind these objectives and principles.
VI. BODIES OF THE CONVENTION
Article 22 - Conference of the Parties
1. A Conference of the Parties shall be established. The Conference of the Parties is the plenary and supreme body of this Convention.
2. The Conference of the Parties shall meet in regular session every two years, to the extent possible within the framework of the UNESCO General Conference. It may meet in special session if it so decides or if a request is addressed to the Intergovernmental Committee by at least one third of the Parties.
3. The Conference of the Parties shall adopt its rules of procedure.
4. The functions of the Conference of the Parties include:
(a) elect members of the Intergovernmental Committee;
(b) to receive and consider the reports of the Parties to this Convention transmitted by the Intergovernmental Committee;
(c) approve operational guidelines prepared, at its request, by the Intergovernmental Committee;
(d) take any other action that it considers necessary to promote the objectives of this Convention.
Article 23 - Intergovernmental Committee
1. An Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions has been established with UNESCO, as follows: the Intergovernmental Committee. It is composed of representatives of 18 States Parties to the Convention, elected for four years by the Conference of the Parties as soon as this Convention enters into force in accordance with Article 29.
2. The Intergovernmental Committee meets once a year.
3. The Intergovernmental Committee shall operate under the authority and in accordance with the guidance of the Conference of the Parties and shall report to it.
4. The number of members of the Intergovernmental Committee will be increased to 24 as the number of Parties to the Convention reaches 50.
5. The election of members of the Intergovernmental Committee is based on the principles of equitable geographical distribution and rotation.
6. Without prejudice to the other functions conferred upon it by this Convention, the functions of the Intergovernmental Committee are as follows:
(a) promote the objectives of this Convention, encourage and monitor its implementation;
(b) prepare and submit to the Conference of the Parties, at its request, operational guidelines for the implementation and implementation of the provisions of the Convention;
(c) transmit to the Conference of the Parties the reports of the Parties to the Convention, together with its observations and a summary of their content;
(d) make appropriate recommendations in situations brought to its attention by Parties to the Convention in accordance with the relevant provisions of the Convention, in particular Article 8;
(e) establish procedures and other consultative mechanisms to promote the objectives and principles of this Convention in other international forums;
(f) perform any other head which may be assigned by the Conference of the Parties.
7. The Intergovernmental Committee, in accordance with its rules of procedure, may at any time invite public or private bodies or individuals to participate in its meetings to consult on specific issues.
8. The Intergovernmental Committee shall establish and submit its rules of procedure for approval by the Conference of the Parties.
Article 24 - UNESCO Secretariat
1. The Convention bodies are assisted by the UNESCO Secretariat.
2. The Secretariat prepares documentation for the Conference of the Parties and the Intergovernmental Committee as well as the draft agenda for their meetings, assists in the implementation of their decisions and reports on it.
VII. FINAL PROVISIONS
Article 25 - Settlement of disputes
1. In the event of a dispute between the Parties to this Convention on the interpretation or application of the Convention, Parties shall seek a solution through negotiation.
2. If the Parties concerned are unable to reach an agreement through negotiation, they may agree to the good offices or request the mediation of a third party.
3. If there has been no good offices or mediation or the dispute could not be settled by negotiation, good offices or mediation, a Party may resort to conciliation in accordance with the procedure set out in the Annex to this Convention. Parties shall consider in good faith the proposed resolution of the dispute by the Conciliation Commission.
4. Each Party may, at the time of ratification, acceptance, approval or accession, declare that it does not recognize the above conciliation procedure. Any Party having made such a declaration may, at any time, withdraw that declaration by notification to the Director General of UNESCO.
Article 26 - Ratification, acceptance, approval or accession by member States
1. This Convention shall be subject to the ratification, acceptance, approval or accession of UNESCO member States in accordance with their respective constitutional procedures.
2. Instruments of ratification, acceptance, approval or accession shall be deposited with the Director General of UNESCO.
Article 27 - Accession
1. This Convention is open to the accession of any State not a member of UNESCO but a member of the United Nations Organization or one of its specialized agencies, invited to accede to it by the General Conference of the Organization.
2. This Convention is also open to the accession of the territories which enjoy a complete internal autonomy, recognized as such by the United Nations, but which have not attained full independence in accordance with General Assembly resolution 1514 (XV) and which have jurisdiction over the matters covered by this Convention, including jurisdiction to conclude treaties on these matters.
3. The following provisions apply to regional economic integration organizations:
(a) this Convention is also open to the accession of any regional economic integration organization, which, subject to the following paragraphs, is fully bound by the provisions of the Convention in the same way as the States parties;
(b) where one or more member States of such an organization are also Parties to this Convention, that organization and that or those Member States agree to their responsibility in fulfilling their obligations under this Convention. This sharing of responsibilities takes effect once the notification procedure described in paragraph (c) is completed. The organization and the Member States are not entitled to exercise the rights arising from this Convention concurrently. In addition, in areas falling within their jurisdiction, economic integration organizations have the right to vote in a number of votes equal to the number of their member States that are Parties to this Convention. These organizations do not exercise their right to vote if the Member States exercise their right and vice versa;
(c) a regional economic integration organization and its Member State or States that have agreed to a shared responsibility as provided for in paragraph (b) shall inform Parties of the proposed sharing as follows:
(i) in its instrument of accession, the organization clearly indicates the sharing of responsibilities with respect to matters governed by the Convention;
(ii) in the event of further changes to the respective responsibilities, the regional economic integration organization shall inform the depositary of any proposed changes to these responsibilities; the depositary shall in turn inform the Parties of this amendment;
(d) Member States of a regional economic integration organization that become Parties to the Convention are presumed to remain competent in all areas that have not been transferred from jurisdiction to the organization expressly declared or reported to the depositary;
(e) "regional economic integration organization" means an organization constituted by sovereign States members of the United Nations or one of its specialized agencies, to which those States have transferred their jurisdiction in areas governed by this Convention and which has been duly authorized, according to its internal procedures, to become a Party.
4. The instrument of accession is deposited with the Director General of UNESCO.
Article 28 - Point of contact
When it becomes a Party to this Convention, each Party shall designate the point of contact referred to in Article 9.
Article 29 - Entry into force
1. This Convention shall enter into force three months after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession, but only in respect of States or regional economic integration organizations that have deposited their respective instruments of ratification, acceptance, approval or accession on or before that date. It shall enter into force for any other Party three months after the deposit of its instrument of ratification, acceptance, approval or accession.
2. For the purposes of this Article, none of the instruments deposited by a regional economic integration organization shall be considered to be added to the instruments already deposited by the member States of that organization.
Article 30 - Federal or non-unitary constitutional regimes
Recognizing that international agreements also bind Parties independently of their constitutional systems, the following provisions apply to Parties with a federal or non-unitary constitutional regime:
(a) in respect of the provisions of this Convention that are within the jurisdiction of the federal or central legislative branch, the obligations of the federal or central government shall be the same as those of Parties that are not federal States;
(b) in respect of the provisions of this Convention which are within the jurisdiction of each of the constituent units such as States, counties, provinces or cantons, which are not, under the constitutional regime of the federation, required to take legislative measures, the federal government shall, if necessary, bring such provisions to the attention of the competent authorities of the constituent units such as states, counties, provinces or cantons with its favourable opinion
Article 31 - Denunciation
1. Each Party may denounce this Convention.
2. The denunciation is notified by a written instrument deposited with the Director General of UNESCO.
3. The denunciation takes effect twelve months after receiving the denunciation instrument. It does not alter any financial obligations that the reporting Party is required to perform until the date on which the withdrawal takes effect.
Article 32 - Functions of the depositary
The Director General of UNESCO, in his capacity as depositary of this Convention, shall inform the States members of the Organization, the non-member States and the regional economic integration organizations referred to in Article 27, as well as the United Nations, of the deposit of all instruments of ratification, acceptance, approval or accession referred to in Articles 26 and 27, as well as of the denunciations provided for in Article 31.
Article 33 - Amendments
1. Any Party may, by written communication to the Director-General, propose amendments to this Convention. The Director-General shall transmit this communication to all Parties. If, within six months after the date of transmission of the communication, at least half of the Parties shall give a favourable response to that request, the Director-General shall submit this proposal to the next session of the Conference of the Parties for discussion and possible adoption.
2. Amendments shall be adopted by a two-thirds majority of the Parties present and voting.
3. Amendments to this Convention, once adopted, shall be submitted to the Parties for ratification, acceptance, approval or accession.
4. For Parties that have ratified, accepted, approved or acceded to the Convention, 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 Parties. Subsequently, for each Party ratifying, accepting, approving or acceding to an amendment, this amendment comes into force three months after the date of deposit by the Party of its instrument of ratification, acceptance, approval or accession.
5. The procedure set out in paragraphs 3 and 4 does not apply to amendments to article 23 concerning the number of members of the Intergovernmental Committee. These amendments come into force at the time of adoption.
6. A State or a regional economic integration organization within the meaning of Article 27 that becomes a Party to this Convention after the entry into force of amendments in accordance with paragraph 4 of this Article is, failing to have expressed a different intention, considered to be:
(a) Party to this Convention as amended; and
(b) Part to this Convention not amended with respect to any Party that is not bound by these amendments.
Article 34 - Faithful texts
This Convention is established in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authentic.
Article 35 - Registration
Pursuant to 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
Conciliation procedure
Article 1 - Conciliation Commission
A conciliation commission shall be established at the request of one of the Parties to the dispute. Unless the Parties agree otherwise, the Commission shall be composed of five members, each Party concerned by appointing two members and the Chair shall be mutually agreed upon by the members so designated.
Article 2 - Members of the Committee
In the event of a dispute between more than two Parties, the parties with the same interest shall designate their members of the Commission with mutual agreement. When at least two Parties have independent interests or disagree on whether they have the same interest, they appoint their members separately.
Article 3 - Appointment
If, within two months after the request for the establishment of a conciliation commission, all members of the Commission have not been appointed by the Parties, the Director General of UNESCO shall, at the request of the Party that has made the request, make the necessary appointments within a further two-month period.
Article 4 - Chairman of the Committee
If, within two months after the appointment of the last of the members of the Commission, the Commission has not chosen its Chairman, the Director-General shall, at the request of a Party, appoint the Chairperson within a further two-month period.
Article 5 - Decisions
The Conciliation Commission shall make its decisions by a majority vote of its members. Unless the Parties to the dispute agree otherwise, it shall establish its own procedure. It makes a proposal for a resolution of the dispute that Parties consider in good faith.
Article 6 - Disagreements
In the event of disagreement with the competence of the Conciliation Commission, the Commission shall decide whether or not it is competent.

Convention on the Protection and Promotion of the Diversity of Cultural Expressions, and the Annex, adopted in Paris on 20 October 2005
List of signatory States