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Decree No. 5753, Of 12 April 2006

Original Language Title: Decreto nº 5.753, de 12 de Abril de 2006

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DECREE NO. 5,753, OF April 12, 2006.

Promulga the Convention for the Safeguard of the Cultural Heritage Cultural Heritage, adopted in Paris, on October 17, 2003, and signed on November 3, 2003.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso IV, of the Constitution, and

Considering that the National Congress has approved the text of the Convention for the Safeguard of Cultural Heritage Imaterial, by means of Legislative Decree no 22, of ;

Considering that the Brazilian Government ratified the cited Convention on February 15, 2006;

Considering that the Convention will enter into international force on April 20, 2006 and, for Brazil, on April 20, 2006 June 2006;

DECRETA:

Art. 1º The Convention for the Safeguard of the Cultural Heritage Cultural Heritage, adopted in Paris, on October 17, 2003, and signed on November 3, 2003, apensa by copy to the present Decree, will be performed and fulfilled as entirely as it contains.

Art. 2º Are subject to the approval of the National Congress any acts that may result in revision of the said Convention or that carries charges or gravy commitments to the national heritage, in the terms of art. 49, inciso I, of the Constitution.

Art. 3º This Decree comes into force on the date of its publication.

Brasilia, 12 of April 2006; 185º of Independence and 118º of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

CONVENTION FOR THE SAFEGUARDING OF CULTURAL HERITAGE IMATERIAL

Paris, October 17, 2003

MISC/2003/CLT/CH/14

CONVENTION FOR THE SAFEGUARDING OF THE HERITAGE

CULTURAL IMMATERIAL

The General Conference of the United Nations Educational, Scientific and Cultural Organization, henceforth called "UNESCO", in its 32a session, held in Paris from the September 29 to the October 17, 2003,

Referring to existing international human rights instruments, in particular to the 1948 Universal Declaration of Human Rights, the 1966 International Covenant of Economic, Social and Cultural Rights, and the International Covenant of Civil and Political Rights, 1966,

Considering the importance of immaterial cultural heritage as a source of cultural diversity and assurance of sustainable development, as highlighted in the UNESCO Recommendation on the safeguarding of the traditional and popular culture, from 1989, as well as in the UNESCO Universal Declaration on Cultural Diversity, 2001, and the Istanbul Declaration of 2002, approved by the Third Round Table of Ministers of Culture,

Considering the deep interdependence that exists between the immaterial cultural heritage and the cultural and natural material heritage,

Recognizing that processes of globalization and social transformation, while also creating conducive conditions for renewed dialogue between communities, generate also, in the same way as the phenomenon of intolerance, grave risks of impairment, disappearance and destruction of immaterial cultural heritage, due in particular to the lack of means for its safeguard,

Consent of universal will and the common concern of safeguarding the intangible cultural heritage of the humanity,

Recognizing that communities, in particular the indigenous people, the groups and, in some cases, individuals play an important role in the production, safeguarding, maintenance and recreation of the immaterial cultural heritage, thus contributing to enriching cultural diversity and human creativity,

Observing the wide range of the activities of UNESCO in the drafting of normative instruments for the protection of cultural heritage, in particular the Convention for the Protection of World Heritage, Cultural and Natural from 1972,

Observing also that there is not yet a multilateral instrument of binding character intended to safeguard immaterial cultural heritage,

Considering that existing international agreements, recommendations and resolutions in matter of cultural and natural heritage should be enriched and complemented by new provisions regarding immaterial cultural heritage,

Considering the need for awareness, especially among new generations, of the importance of immaterial cultural heritage and its safeguard,

Whereas the international community should contribute, together with the States Parties to the present Convention, for the safeguarding of that heritage, with a spirit of cooperation and mutual aid,

Recalling the UNESCO programs concerning the immaterial cultural heritage, in particular the Proclamation of Masterpieces of the Oral Heritage and Imaterial of Humanity,

Considering the invaluable function that fulfills immaterial cultural heritage as a factor of rapprochement, exchange and understanding among human beings,

Approves on this day Seventeen October 2003 a this Convention.

I. General provisions

Article 1: Finalities of the Convention

The present Convention has the following purposes:

a) the safeguarding of immaterial cultural heritage;

b) respect to the intangible cultural heritage of the communities, groups, and individuals involved;

c) the awareness in the local, national and international plan of the importance of heritage immaterial cultural and of its reciprocal recognition;

d) the cooperation and the international assistance.

Article 2: Definitions

For the purposes of this Convention,

1. It is understood by "immaterial cultural heritage" the practices, representations, expressions, knowledge and techniques-along with the instruments, objects, artifacts and cultural places that are associated with them-that the communities, the groups and, in some cases, individuals recognize as an integral part of their cultural heritage. This immaterial cultural heritage, which transmits itself from generation to generation, is constantly recreated by the communities and groups in function of its environment, from its interaction with nature and its history, generating a sense of identity and continuity and thus contribute to promoting respect for cultural diversity and human creativity. For the purposes of this Convention, it shall be taken into account only the immaterial cultural heritage that is compatible with existing international human rights instruments and with the imperatives of mutual respect between communities, groups and individuals, and of sustainable development.

2. The "immaterial cultural heritage", as defined in paragraph 1 above, manifests itself in particular in the following fields:

a) oral traditions and expressions, including the language as a vehicle of the immaterial cultural heritage;

b) artistic expressions;

c) social practices, rituals, and festive acts;

d) knowledge and practices related to nature and the universe;

and) traditional artisanal techniques.

3. It is understood by "safeguarding" the measures that aim to ensure the viability of the immaterial cultural heritage, such as identification, documentation, research, preservation, protection, promotion, valorisation, transmission- essentially through formal and non-formal education-and revitalization of this heritage in its various aspects.

4. The expression "States Parties" means the States bound by this Convention and among which the present Convention is in force.

5. This Convention shall apply mutatis mutandis to the territories mentioned in Article 33 that become Parties to this Convention, as per the conditions specified in the said Article. The expression "States Parties" shall also refer to those territories.

Article 3: Relation to other international instruments

No provision of the present Convention could be interpreted in such a way that:

a) modifies the statute or reduce the level of protection of the goods declared world heritage by the Convention for the Protection of World, Cultural and Natural Heritage of 1972, which is directly associated with an element of the immaterial cultural heritage; or

b) affect the rights and obligations of States Parties by virtue of other instruments international relating to intellectual property rights or the use of biological and ecological resources of which they are parties.

II. Bodies of the Convention

Article 4: General Assembly of States Parties

1. A General Assembly of the States Parties, henceforth called the General Assembly, shall be established, which shall be the sovereign body of this Convention.

2. The General Assembly will hold an ordinary session every two years. It will be able to meet in extraordinary character when it so decides, or when it receives a petition in such a sense of the Intergovernmental Committee for the Salvation of Cultural Heritage Imaterial or of at least one-third of the States Parties.

3. The General Assembly will approve its own Rules of Procedure.

Article 5: Committee Intergovernmental for the Safeguard of Cultural Heritage Imaterial

1. It shall be established with UNESCO an Intergovernmental Committee on the Safeguarding of Cultural Heritage Imaterial, henceforth named "the Committee". The Committee shall be integrated by representatives of 18 States Parties, to be elected by the States Parties constituted in General Assembly, as soon as this Convention comes into force, as per the provisions of Article 34.

2. The number of member states of the Committee will increase to 24, as soon as the number of States Parties to the Convention reaches 50.

Article 6: Election and tenure of the member states of the Committee

1. The election of the member states of the Committee should obey the principles of geographical distribution and equitative rotation.

2. States Parties to the Convention, meeting in General Assembly, will elect the member states of the Committee for a four-year term.

3. However, the mandate of the half of the member states of the Committee elected in the first election will be only two years. The said states will be designated by drawing draw in the course of the first election.

4. Every two years, the General Assembly will renew the half of the member states of the Committee.

5. The General Assembly will elect also how many member states of the Committee are required to fill existing vacancies.

6. A member state of the Committee will not be able to be elected for two consecutive terms.

7. The member states of the Committee will designate, for their representatives on the Committee, qualified people in the diverse fields of immaterial cultural heritage.

Article 7: Roles of the Committee

Without prejudice to the remaining attributions conferred by this Convention, the functions of the Committee will be as follows:

a) promote the objectives of the Convention, foster and follow up its application;

b) offer advice on best practices and formulate recommendations on measures that target the safeguard of the immaterial cultural heritage;

c) prepare and submit to the approval of the General assembly a project to use the resources of the Fund, in accordance with Article 25;

d) seek means of incrementing its resources and adopt the necessary measures for so much, in accordance with Article 25;

and) prepare and submit to the approval of the General Assembly operational guidelines for the application of the Convention;

f) in accordance with Article 29, examine the reports of States Parties to and draw up a summary of these reports, intended for the General Assembly;

g) examine the requests submitted by the States Parties and decide, in accordance with objective selection criteria set by the Committee itself and approved by the General Assembly, on:

i) inscriptions on the lists and proposals mentioned in Articles 16, 17, and 18;

ii) provision of international assistance, in accordance with Article 22.

Article 8: Methods of work of the Committee

1. The Committee will be accountable to the General Assembly, in the face of which it will provide accounts of all its activities and decisions.

2. The Committee will approve its Rules of Procedure by a two-thirds majority of its members.

3. The Committee will be able to create, in temporary character, the ad hoc advisory bodies that it judges necessary for the performance of their functions.

4. The Committee will be able to invite to its meetings any public or private body, or any physical person of proven competence in the diverse fields of immaterial cultural heritage, to consult with them on specific issues.

Article 9: Certification of the organizations of advisory character

1. The Committee will propose to the General Assembly the certification of nongovernmental organizations of proven competency in the field of immaterial cultural heritage. The said organizations shall carry out advisory functions before the Committee.

2. The Committee will also propose to the General Assembly the criteria and modalities by which such certification will be governed.

Article 10: Secretariat

1. The Committee will be advised by the UNESCO Secretariat.

2. The Secretariat will prepare the documentation of the General Assembly and the Committee, as well as the agenda of the agenda of their respective meetings, and ensure compliance with the decisions of both organs.

III. Safeguarding of immaterial cultural heritage in the national plan

Article 11: Functions of the States Parties

Caberá to each State Party:

a) adopt the necessary measures to ensure the safeguarding of the immaterial cultural heritage present in its territory;

b) between the safeguard measures mentioned in paragraph 3 of the Article 2, identify and define the diverse elements of the immaterial cultural heritage present in its territory, with the participation of the relevant communities, groups and nongovernmental organizations.

Article 12: Inventories

1. To ensure identification, with safeguard purposes, each State Party shall establish one or more inventories of the immaterial cultural heritage present in its territory, in compliance with its own heritage safeguard system. The aforementioned inventories will be updated on a regular basis.

2. When presenting your periodic report to the Committee, in accordance with Article 29, each State Party shall provide pertinent information with respect to these inventories.

Article 13: Other safeguard measures

To ensure the safeguard, development and enhancement of the immaterial cultural heritage present in its territory, each State Party shall undertake efforts to:

a) adopt a general policy aiming at promoting the function of cultural heritage immaterial in society and integrate its safeguard into programs of planning;

b) to designate or create one or several competent bodies for the safeguarding of the immaterial cultural heritage present in its territory;

c) nurturing scientific, technical and artistic studies, as well as research methodologies, for the effective safeguarding of the immaterial cultural heritage, and in particular of the immaterial cultural heritage that finds itself in danger;

d) adopt the measures of legal, technical, administrative and financial order suitable for:

i) favouring the creation or strengthening of training institutions in management of immaterial cultural heritage, as well as the transmission of this heritage in the hores and places intended for their manifestation and expression;

ii) ensure access to the immaterial cultural heritage, while respecting the customs governing the access to certain aspects of the said heritage;

iii) create institutions of documentation of the immaterial cultural heritage and facilitate access to them.

Article 14: Education, awareness raising and strengthening capacities

Each State Part will engage, by all opportune means, in the sense of:

a) ensure the recognition, respect and enhancement of immaterial cultural heritage in society, in particular by:

i) educational programmes, awareness and dissemination of information aimed at the public, in particular for young people;

ii) specific educational and capacity-building programs within the communities and the groups involved;

iii) capacity strengthening activities in the matter of safeguarding the heritage immaterial cultural, and especially of management and scientific research; and

iv) means non-formal knowledge transmission;

b) keep the public informed of the threats that weigh on that heritage and the activities carried out in compliance with this Convention;

c) promote education for the protection of natural spaces and places of memory, the existence of which is indispensable so that immaterial cultural heritage can be express.

Article 15: Participation of communities, groups and individuals

In the frame of its activities of safeguarding immaterial cultural heritage, each state Part should ensure the widest possible participation of the communities, the groups and, when it is fit, of the individuals who create, maintain and transmit that heritage and actively associate them with the management of it.

IV. Safeguarding of the immaterial cultural heritage on the international plan

Article 16: Representative list of the immaterial cultural heritage of humanity

1. To ensure greater visibility of immaterial cultural heritage, increase the degree of awareness of its importance, and to propitiate forms of dialogue that respect cultural diversity, the Committee, by proposal of the States Parties concerned, will create, keep updated and publish a representative List of the immaterial cultural heritage of humanity.

2. The Committee will draw up and submit to the General Assembly's approval the criteria that will govern the establishment, updating and publication of the said Representative List.

Article 17: List of immaterial cultural heritage that requires urgent safeguarding measures

1. With a view to adopting the appropriate safeguard measures, the Committee will create, keep updated and publish a List of the immaterial cultural heritage that necessites urgent safeguard measures, and inscribe this heritage on the List by request of the State Party concerned.

2. The Committee will draw up and submit to the General Assembly's approval the criteria that will govern the establishment, update and publication of this List.

3. In cases of extreme urgency, thus considered in accordance with objective criteria approved by the General Assembly, per proposal of the Committee, the latter, in consultation with the State Party concerned, will be able to enroll an element of the heritage in question in the list mentioned in paragraph 1.

Article 18: Programs, projects and activities of safeguarding of immaterial cultural heritage

1. Based on the proposals submitted by the States Parties, and in compliance with the criteria set out by the Committee and approved by the General Assembly, the Committee will periodically select and promote the programs, projects and activities of scope national, sub-regional or regional for the safeguard of heritage which, in its view, reflect in a more appropriate way the principles and objectives of this Convention, taking into account the special needs of developing countries.

2. For so much, the Committee will receive, examine and approve the requests for assistance international formulated by the States Parties to the elaboration of the said proposals.

3. The Committee will monitor the implementation of the said programs, projects and activities through the dissemination of best practices, second modalities by it defined.

V. International cooperation and assistance

Article 19: Cooperation

1. For the purposes of this Convention, international cooperation comprises in particular the exchange of information and experience, common initiatives, and the establishment of a mechanism to support States Parties in their efforts to safeguard of the immaterial cultural heritage.

2. Without prejudice to the provisions of its legislation national nor for its consuetudinal rights and practices, States Parties recognize that the safeguarding of immaterial cultural heritage is a matter of general interest to mankind and in this sense commit to cooperate in the plan bilateral, sub-regional, regional and international.

Article 20: Objectives of the international assistance

International assistance could be granted with the following goals:

a) safeguard the heritage that figure in the list of elements of the immaterial cultural heritage that necessites urgent safeguard measures;

b) carry out inventories, in accordance with Articles 11 and 12;

c) support programs, projects and activities of national, sub-regional and regional scope intended for the safeguarding of immaterial cultural heritage;

d) any other objective that the Committee judges necessary.

Article 21: Forms of international assistance

The assistance granted by the Committee to a State Party shall be regulated by the operational guidelines provided for in Article 7 and by the agreement mentioned in Article 24, and may take the following forms:

a) studies concerning the different aspects of safeguard;

b) services of specialists and other people with practical experience in immaterial cultural heritage;

c) capacity-building of all the necessary personnel;

d) elaboration of normative measures or other nature;

e) creation and utilization of infrastructures;

f) aport of material and expertise;

g) other forms of financial and technical aid, and may include, when cableable, the granting of loans with low interest rates and donations.

Article 22: Requirements for the provision of international assistance

1. The Committee will lay down the procedure for examining requests for international assistance and will determine the elements that should appear in the solicitations, such as planned measures, necessary interventions and cost assessment.

2. In urgent situations, the request for assistance will be examined in cárater of priority by the Committee.

3. In order to make a decision, the Committee will carry out the studies and the queries it deems necessary.

Article 23: Requests for international assistance

1. Each State Party may submit to the Committee a request for international assistance for the safeguarding of the immaterial cultural heritage present on its territory.

2. A request in the same sense could also be submitted jointly by two or more states Parts.

3. In the solicitation, they should appear in the information mentioned in paragraph 1 of Article 22, as well as the necessary documentation.

Article 24: Role of the beneficiary States Parties

1. In accordance with the provisions of this Convention, the international assistance granted shall be governed by an agreement between the State Party beneficiary and the Committee.

2. As a general rule, the State Party beneficiary is expected to, to the extent of its possibilities, share the costs of the safeguard measures for which international assistance has been granted.

3. The State Party beneficiary shall submit to the Committee a report on the use of the assistance granted with the purpose of safeguarding the immaterial cultural heritage.

VI. Fund of immaterial cultural heritage

Article 25: Nature and resources of the Fund

1. A "Fund for the Safeguard of Cultural Heritage Imaterial", henceforth called "the Fund".

2. The Fund shall be constituted as a trust fund in accordance with the provisions of the Financial Regulation of UNESCO.

3. The resources of the Fund shall be constituted by:

a) contributions from the States Parties;

b) resources that the UNESCO General Conference allocates to this purpose;

c) aports, donations or legacies carried out by:

i) other states;

ii) bodies and programs of the United Nations system, in particular the United Nations Programme for the Development, or other international organizations;

iii) public bodies or private or physical persons;

d) any interest due to the resources of the Fund;

e) product of collections and recipes awound in events organized for the benefit of the Fund;

f) all the remaining resources authorized by the Regulation of the Fund, which the Committee will elaborate.

4. The use of the resources by the Committee will be decided on the basis of the guidelines formulated by the General Assembly.

5. The Committee will be able to accept contributions or assistance from another nature offered with general or specific purposes, linked to concrete projects, provided that the said projects have been by it approved.

6. The contributions to the Fund shall not be conditional on any political, economic or any other type requirement that is incompatible with the objectives of this Convention.

Article 26: Contributions of States Parties to the Fund

1. Without prejudice to another complementary contribution of voluntary character, the States Parties to this Convention shall be obliged to deposit in the Fund, at least every two years, a contribution whose amount, calculated from a uniform percentage applicable to all States, will be determined by the General Assembly. This decision of the General Assembly shall be taken by a majority of the States Parties present and voting, which have not made the declaration mentioned in paragraph 2 of this Article. The contribution of a State Party shall not, in any case, exceed 1% of that State's contribution to the UNESCO Ordinary Budget.

2. However, any of the States referred to in Article 32 or Article 33 of this Convention may declare, at the time when depositing their instrument of ratification, acceptance, approval or accession, which does not consider itself obligated by the provisions of paragraph 1 of this Article.

3. Any State Party to this Convention which has formulated the declaration mentioned in paragraph 2 of this Article shall endeavor to withdraw such a declaration by a notification to the Director General of UNESCO. However, the withdrawal of the declaration will have effect only on the contribution due by the State from the date of the opening of the subsequent session of the General Assembly.

4. In order for the Committee to efficiently plan its activities, the contributions of the States Parties to this Convention that have made the declaration mentioned in paragraph 2 of this Article shall be effected on a regular basis, at the minimum every two years, and should be of a value as close as possible to the value of the contributions that those states should if they were obliged by the provisions of paragraph 1 of this Article.

5. No State Party to this Convention, which is with payment of its mandatory or voluntary contribution to the current year and the immediately preceding calendar year in arrears, may be elected as a member of the Committee. That provision does not apply to the first election of the Committee. The mandate of a State Party to find itself in such a situation and to already be a member of the Committee shall be terminated when any of the elections provided for in Article 6 of this Convention are held.

Article 27: Supplementary Voluntary Contributions to the Fund

The States Parties wishing to make voluntary contributions, in addition to the contributions provided for in Article 26, should inform the Committee as soon as possible, so that this one can plan their activities accordingly.

Article 28: International campaigns for fundraising

As far as possible, States Parties will support the international campaigns for fundraising organized for the benefit of the Fund under the auspices of the UNESCO.

VII. Reports

Article 29: Reports of the States Parties

The States Parties will present to the Committee, in the form and with periodicity to be defined by the Committee, reports on the laws, regulations or other nature that they have adopted to implement the present Convention.

Article 30: Reports of the Committee

1. Based on its activities and the reports of the States Parties referred to in Article 29, the Committee will submit a report in each session of the General Assembly.

2. The said report will be brought to the attention of the General Conference of UNESCO.

VIII. Transitional clause

Article 31: Relation with the Proclamation of the Masterpieces of the Oral And Material Heritage of Humanity

1. The Committee will incorporate to the Representative List of the immaterial cultural heritage of mankind the elements which, previously to the entry into force of this Convention, have been proclaimed "Masterpieces of the Oral Heritage and Material Of Humanity".

2. The inclusion of the said elements in the representative List of the immaterial cultural heritage of mankind will be effected without prejudice to the criteria set out for subsequent inscriptions, according to the provisions of paragraph 2 of Article 16.

3. After the entry into force of this Convention, no other Proclamation will be made.

IX. Final provisions

Article 32: Ratification, acceptance or approval

1. This Convention shall be subject to the ratification, acceptance or approval of the Member States of UNESCO, in accordance with their respective constitutional devices.

2. The instruments of ratification, acceptance or approval will be deposited with the Director General of the UNESCO.

Article 33: Accession

1. This Convention shall be open to the accession of all States which are not members of UNESCO and who have been invited to join by the General Conference of the Organization.

2. This Convention shall also be open to the accession of the territories enjoying full internal autonomy, recognized as such by the United Nations, but which have not achieved full independence in accordance with Resolution 1514 (XV) of the General assembly, and which have competence on the subjects governed by this Convention, including the recognized competence to subscribe to treaties related to those subjects.

3. The instrument of accession shall be deposited with the Director General of UNESCO.

Article 34: Entry into force

This Convention will enter into force three months after the date of the deposit of the thirtieth instrument of ratification, acceptance, approval or accession, but solely for those States that have deposited their respective instruments of ratification, acceptance, approval or accession on that date or previously. For the remaining States Parties, it shall enter into force three months after the deposit of its instrument of ratification, acceptance, approval or accession.

Article 35: Federal or non-unitary constitutional Regimes

To the States Parties that have a federal or non-unitary constitutional regime apply the following provisions:

a) with respect to the provisions of this Convention the application of which is under the competence of the legislative branch federal or central, the obligations of the federal or central government will be identical to those of the States Parties that do not constitute federal states;

b) with respect to the provisions of this Convention the application of which is under the competence of each of the constituent states, countries, provinces or cantons, which in virtue of the constitutional regime of the federation are not required to take legislative action, the federal government shall communicate them, with an assent, to the competent authorities of the states, countries, provinces or cantons, with their recommendation to that these approve them.

Article 36: Denpronunciation

1. All States Parties shall be able to denounce this Convention.

2. The complaint will be notified by means of a written instrument, which will be deposited with the Director General of UNESCO.

3. The complaint will take effect twelve months after the receipt of the denouncing instrument. The complaint will not modify in anything the financial obligations assumed by the whistleblower state until the date on which the withdrawal took effect.

Article 37: Functions of the depositary

The Director General of UNESCO, as the depositary of this Convention, will inform the Member States of the Organization and the non-Member States to which Article 33 is referred to, as well as to the United Nations, about the deposit of all instruments of ratification, acceptance, approval or accession mentioned in Articles 32 and 33 and of the complaints provided for in Article 36.

Article 38: Emendas

1. Any State Party may propose amendments to this Convention, by written communication to the Director General. This shall transmit the communication to all States Parties. If, in the six subsequent months on the date of dispatch of the communication, at least half of the States Parties respond favourably to such a petition, the Director General shall submit the said proposal to the examination and eventual approval of the subsequent session of the General Assembly.

2. The amendments will be approved by a two-thirds majority of the States Parties present and voting.

3. Once approved, the amendments to this Convention should be the object of ratification, acceptance, approval or accession of the States Parties.

4. The amendments to this Convention, to the States Parties which have ratified them, accepted, approved or acceded to them, shall enter into force three months after two-thirds of the States Parties have deposited the instruments mentioned in paragraph 3 of this Article. From that time the corresponding amendment shall enter into force for each State Party or territory which ratifies it, accepts, approves or accede to it three months after the date of the deposit of the instrument of ratification, acceptance, approval or accession of the State Part.

5. The procedure set out in paragraphs 3 and 4 shall not apply to the amendments modifying Article 5, concerning the number of member States of the Committee. The said amendments will enter into force at the time of their approval.

6. A State which passes to be a Party to this Convention after the entry into force of amendments as per paragraph 4 of this Article and which does not manifest an intention in a sense contrary to it shall be considered:

a) part in this Convention thus emending; and

b) part in this Convention not emended with respect to the whole State Party that is not obliged by the amendments in question.

Article 39: Authentic Texts

The present Convention is drafted in Arabic, Chinese, Spanish, French, English and Russian, the six texts being similarly authentic.

Article 40: Registration

In accordance with the provisions of Article 102 of the Charter of the United Nations, this Convention shall be registered at the United Nations Secretariat by request of the Director General of UNESCO.

Made in Paris on this day three of November 2003, in two authentic copies that take the signing of the President of the 32a session of the General Conference and the Director General of UNESCO. These two copies will be deposited in the archives of UNESCO. Certified copies shall be remitted to all States referred to in Articles 32 and 33, as well as to the United Nations.