DECREE NO. 6,177, OF 1º AUGUST 2007.

Promulga the Convention on the Protection and Promotion of the Diversity of Cultural expressions, signed in Paris, in 20 of October 2005.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 84, inciso IV, of the Constitution, and

Considering that the National Congress has approved, by means of the Legislative Decree no 485, of December 20, 2006, the text of the Convention on the Protection and Promotion of the Diversity of Cultural expressions, signed in Paris, on October 20, 2005;

Considering that Brazil made the deposit of the Instrument of Ratification on January 16, 2007;

Whereas the Convention entered into international force on March 18, 2007, in the terms of art. 29;

DECRETA:

Art. 1st The Convention on the Protection and Promotion of the Diversity of Cultural expressions, signed in Paris, on October 20, 2005, apensa by copy to the present Decree, will be performed and fulfilled as entirely as it contains.

Art. 2nd 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 commitments engraved to the national heritage, pursuant to art. 49, inciso I, of the Constitution.

Art. 3rd This Decree shall come into force on the date of its publication.

Brasilia, 1º August of 2007; 186th of the Independence and 119th of the Republic.

LUIZ INÁCIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the one published in the DOU of 8/2/2007

UNESCO

Convention

about the Protection and Promotion

of the Diversity of Cultural Expressions

Paris, October 20, 2005

CONVENTION ON THE PROTECTION AND PROMOTION

OF THE DIVERSITY OF CULTURAL EXPRESSIONS

The General Conference of the United Nations Educational, Scientific and Cultural Organization, at its 33a meeting, celebrated in Paris, from 3 a to October 21, 2005,

Stating that cultural diversity is an essential trait of humanity,

Ciente of which cultural diversity constitutes common heritage of mankind, to be valued and cultivated for the benefit of all,

Knowing that cultural diversity creates a rich world and varied that increases the range of possibilities and nourishes human capacities and values, thus constituting one of the main drivers of the sustainable development of communities, peoples and nations,

Recalling that cultural diversity, by blossoming in an environment of democracy, tolerance, social and mutual justice respect between peoples and cultures, it is indispensable for peace and security in the local, national and international plan,

Celebrating the importance of cultural diversity for the full realization of human rights and fundamental freedoms proclaimed in the Universal Declaration of Rights of the Man and other universally recognized instruments,

Destacking the need for incorporate culture as a strategic element of national and international development policies, as well as international development cooperation, and also taking into account the United Nations Millennium Declaration (2000), with its emphasis on eradicating poverty,

Whereas culture takes on diverse forms through time and space, and that this diversity manifests itself in the originality and plurality of identities, as well as in the cultural expressions of the peoples and societies that form mankind,

Recognizing the importance of traditional knowledge as a source of material and immaterial richness, and, in particular, of the knowledge systems of Indigenous populations, and their positive contribution to sustainable development, as well as the need to ensure their proper protection and promotion,

Recognizing the need to adopt measures to protect the diversity of cultural expressions including their contents, especially in situations where cultural expressions may be threatened with extinction or of severe deterioration,

Emphasizing the importance of culture for social cohesion in general, and, in particular, its potential for the improvement of the condition of the woman and her role in society,

Aware that cultural diversity strengthens by the free movement of ideas and nude of the constant exchanges and the interplay between cultures,

Reclaiming that the freedom of thought, expression and information, as well as the diversity of the media, enable the flourishing of cultural expressions in societies,

Recognizing that the diversity of cultural expressions, including traditional cultural expressions, is an important factor, which makes it possible for individuals and peoples to express and share with others your ideas and values,

Recording that the diversity linguistics constitutes a fundamental element of cultural diversity, and reaffirming the key role that education plays in protecting and promoting cultural expressions,

Taking into account the importance of vitality of cultures for all, including the people belonging to minorities and indigenous peoples, as manifested in their freedom to create, disseminate and distribute their traditional cultural expressions, as well as to have access to them, so as to favour their own development,

Underlining the essential role of cultural interaction and creativity, which nourish and renovate cultural expressions, and strengthen the role played by those who participate in the development of culture for the progress of society as a whole,

Recognizing the importance of intellectual property rights for the maintenance of the people participating in cultural creativity,

Convened that the activities, goods and cultural services have dual nature, both economic and cultural, since they are carriers of identities, values and meanings, they should not therefore be treated as if they had merely commercial value,

Constaging that the processes of globalization, facilitated by the rapid evolution of communication and information technologies, even though they provide unprecedented conditions for that intensify the interaction between cultures, constitute also a challenge for cultural diversity, especially with regard to the risks of imbalances between rich and poor countries,

Ciente of the specific mandate entrusted to UNESCO to ensure respect for the diversity of the cultures and recommend the international agreements that it judges necessary to promote the free movement of ideas through the word and image,

Referring to the provisions of the international instruments adopted by UNESCO concerning cultural diversity and the exercise of cultural rights, in particular the Universal Declaration on Cultural Diversity, from 2001,

Adota, on October 20 of 2005, the present Convention.

I. Goals and principles directors

Article 1-Objectives

The aims of the present Convention are:

a) protect and promote the diversity of cultural expressions;

b) create conditions for the cultures to flourish and interact freely in mutual benefit;

c) encourage dialogue between cultures in order to ensure wider cultural exchanges and balanced in the world in favor of intercultural respect and a culture of peace;

d) fostering interculturality in a way to develop cultural interaction, in the spirit of building bridges between peoples;

e) promote respect for the diversity of cultural expressions and the awareness of their value in local, national and international plans;

f) reaffirm the importance of the link between culture and development for all countries, especially for countries in development, and encourage the actions undertaken in the national and international plan to recognize the authentic value of that bond;

g) recognize specific nature of the activities, goods, and cultural services while holders of identities, values and meanings;

h) reaffirm the sovereign right of states to conserve, adopt, and implement the policies and measures they consider appropriate for the protection and promotion of the diversity of cultural expressions on its territory;

i) strengthen international cooperation and solidarity in a spirit of partnership aiming at, especially, the enhancement of the capabilities of developing countries of protect and promote the diversity of cultural expressions.

Article 2-Principles Directors

1. Principle of respect for human rights and fundamental freedoms

The diversity cultural will only be able to be protected and promoted if human rights and fundamental freedoms are guaranteed, such as freedom of expression, information and communication, as well as the possibility of individuals to choose expressions cultural. No one shall be able to invoke the provisions of this Convention to act against the rights of man and fundamental freedoms enshrined in the Universal Declaration of Human Rights and guaranteed by international law, or to limit the scope of its application.

2. Principle of sovereignty

According to the Charter of the United Nations and with the principles of the international law, states have the sovereign right to adopt measures and policies for the protection and promotion of the diversity of cultural expressions in their respective territories.

3. Principle of equal dignity and respect for all cultures

The protection and promotion of the diversity of cultural expressions presuppose the recognition of equal dignity and respect for all cultures, including those of the people belonging to minorities and those of indigenous peoples.

4. Principle of international solidarity and cooperation

Cooperation and solidarity international should enable all countries, in particular developing countries, to create and strengthen the means necessary for their cultural expression-including the cultural industries, whether they are born or established-in the plans local, national and international.

5. Principle of complementarity of economic and cultural aspects of development

Being the culture one of the fundamental drivers of development, the cultural aspects of this are as important as their economic aspects, and individuals and peoples have the fundamental right of him to participate and benefit.

6. Principle of sustainable development

Cultural diversity constitutes great wealth for individuals and societies. The protection, promotion and maintenance of cultural diversity is an essential condition for sustainable development for the benefit of current and future generations.

7. Principle of equestic access

The equestic access to a rich and diversified range of cultural expressions coming from all over the world and the access of cultures to the means of expression and diffusion constitute important elements for the valorisation of cultural diversity and the encouragement of mutual understanding.

8. Principle of openness and balance

When adopting measures to favor diversity of cultural expressions, states will seek to promote, in an appropriate manner, to open up to other cultures of the world and to ensure that such measures are in line with the objectives pursued by this Convention.

II. Field of application

Article 3-Field of application

The present Convention applies to policies and measures adopted by the Parties concerning the protection and promotion of the diversity of cultural expressions.

III. Definitions

Article 4-Definitions

For the purposes of this Convention, it becomes understood that:

1. Cultural Diversity

?Cultural diversity? refers to the multiplicity of ways by which the cultures of the groups and societies find their expression. Such expressions are transmitted between and within the groups and societies.

The diversity cultural manifests itself not only in the varied forms by which it expresses itself, enriches itself and transmits itself the cultural heritage of mankind upon the variety of cultural expressions, but also through the various modes of creation, production, diffusion, distribution and fruition of the cultural expressions, whatever the means and technologies employed.

2. Cultural Content

?Cultural content? refers to the symbolic character, artistic dimension and cultural values that have by origin or express cultural identities.

3. Cultural expressions

?Cultural expressions? are those expressions that result from the creativity of individuals, groups and societies and that have cultural content.

4. Activities, goods and cultural services

?Activities, goods and cultural services? refers to the activities, goods and services that, considered under the point of view of their quality, use or specific purpose, incorporate 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 the industries that produce and distribute cultural goods and services, such as defined in paragraph 4 above.

6. Policies and cultural measures

?Policies and cultural measures? refers to the culture-related policies and measures, whether in the local, regional, national or international plan, which have as a focus on culture as such, or whose purpose is to exert direct effect on the cultural expressions of individuals, groups or societies, including the creation, production, diffusion and distribution of cultural activities, goods, and services, and access to them.

7. Protection

?Protection? means the adoption of measures aimed at the preservation, safeguarding and valorisation of the diversity of cultural expressions.

?Protect? means adopting such measures.

8. Interculturality

?Interculturality? refers to the existence and equitative interaction of diverse cultures, as well as the possibility of generation of shared cultural expressions through dialogue and mutual respect.

IV. Rights and obligations of the Parties

Article 5-General rule in respect of rights and obligations

1. The Parties, in accordance with the Charter of the United Nations, the principles of international law and the universally recognized instruments on human rights, reaffirm their sovereign right to formulate and implement their policies cultural and to adopt measures for the protection and promotion of the diversity of cultural expressions, as well as for the strengthening of international cooperation, in order to achieve the objectives of this Convention.

2. When a Party implements policies and adopts measures to protect and promote the diversity of cultural expressions in its territory, such policies and measures should be compatible with the provisions of this Convention.

Article 6-Rights of the Parties in the national framework

1. In the milestone of its cultural policies and measures, as defined in Article 4.6, and taking into consideration the circumstances and needs that are particular to it, each Party will be able to adopt measures aimed at protecting and promoting diversity of the cultural expressions on its territory.

2. Such measures will be able to include:

a) regulatory measures aimed at the protection and promotion of diversity of the cultual expressions;

b) measures that, in an appropriate manner, create opportunities for national cultural activities, goods and services-among the set of the activities, goods and cultural services available in its territory-, for its creation, production, diffusion, distribution and fruition, including provisions related to the language used in these activities, goods and services;

c) targeted measures to provide the independent national cultural industries and activities in the informal sector effective access to the means of production, diffusion and distribution of the activities, goods and cultural services;

d) measures aimed at the granting of public financial support;

e) measures for the purpose of encouraging non-profit organizations, and also public institutions and private, artists and other culture professionals, to develop and promote the free exchange and circulation of cultural ideas and expressions, as well as of activities, goods and cultural services, and to stimulate both creativity and spirit entrepreneur in your activities;

f) measures with views to establish and support, in a way appropriate, relevant public service institutions;

g) measures to encourage and support artists and all those involved in the creation of cultural expressions;

h) measures objectifying to promote media diversity, including by public broadcasting services.

Article 7-Measures for the promotion of cultural expressions

1. The parties will seek to create in their territory an environment that will encourage individuals and social groups to:

a) create, produce, diffuse, distribute their own cultural expressions, and to them to have access, giving due attention to the special circumstances and needs of the woman, as well as from the diverse social groups, including people belonging to the minorities and indigenous peoples;

b) have access to the diverse cultural expressions from their territory and from the world's remaining countries;

2. The Parties will also seek to recognize the important contribution of artists, from all those involved in the creative process, to the cultural communities and the organizations that support them in their work, as well as the central role they play in the to nurture the diversity of cultural expressions.

Article 8-Measures for the protection of cultural expressions

1. Without prejudice to the provisions of Articles 5 and 6, a Party will be able to diagnose the existence of special situations in which cultural expressions on its territory are at risk of extinction, under serious threat or necessitating urgent safeguard.

2. The Parties shall be able to adopt 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. The Parties shall inform the Intergovernmental Committee mentioned in Article 23 all the measures taken to address the requirements of the situation, and may the Committee make appropriate recommendations.

Article 9-Interchange of information and transparency

The Parties:

a) will provide, every four years, in its reports to UNESCO, appropriate information on the measures adopted to protect and promote the diversity of cultural expressions in its territory and in the international plan;

b) will designate a focal point, responsible for the sharing of information relating to this Convention;

c) will share and exchange information regarding the protection and promotion of the diversity of cultural expressions.

Article 10-Education and public awareness

The Parties should:

a) propitiate and develop understanding of the importance of protecting and promoting the diversity of cultural expressions, through, among others, education programs and increased public awareness;

b) cooperate with other Parties and regional organizations and international to achieve the objective of this article;

c) strive to encourage creativity and strengthen production capacities, by establishing education, training and exchange programs in the area of cultural industries. Such measures should be applied so as to have no negative impact on the traditional forms of production.

Article 11-Participation of civil society

The Parties recognize the fundamental role of civil society in protecting and promoting the diversity of expressions cultural. The Parties should encourage the active participation of civil society in their efforts to achieve the objectives of this Convention.

Article 12-Promotion of international cooperation

The Parties will seek to strengthen their bilateral, regional and international cooperation in order to create propitious conditions to the promotion of the diversity of cultural expressions, taking particular account of the situations mentioned in Articles 8 and 17, in particular with views to:

a) facilitate the dialogue between the Parties on cultural policy;

b) strengthen the strategic and managerial capacities of the public sector in cultural public institutions, upon professional and international cultural exchanges, as well as sharing of best practices;

c) strengthening partnerships with civil society, nongovernmental organizations and the private sector, and among these entities, to favor and promote the diversity of cultural expressions;

d) promote the use of the new technologies and encourage partnerships to increment information sharing, increase cultural understanding and foster diversity of cultural expressions;

and) encourage the celebration of co-production agreements and of co-distribution.

Article 13-Integration of culture in sustainable development

The Parties will make efforts to integrate culture into their development policies, in all the levels, in order to create conditions conducive to sustainable development and, in that milestone, to foster the aspects connected to the protection and promotion of the diversity of cultural expressions.

Article 14-Cooperation for development

The Parties will seek to support the cooperation for sustainable development and poverty reduction, especially in relation to the specific needs of developing countries, with a view to favoring the emergence of a dynamic cultural sector by the following means, among others:

a) the strengthening of cultural industries in developing countries:

i) creating and strengthening the capacities of cultural production and distribution in developing countries;

ii) facilitating greater access of its activities, goods and cultural services to the global market and to international distribution circuits;

iii) allowing the emergence of markets feasible regional and local;

iv) adopting, where possible, appropriate measures in the developed countries with a view to facilitating access to their territory of the activities, goods and cultural services of developing countries;

v) supporting the creative work and facilitating, as far as possible, the mobility of artists from developing countries;

vi) encouraging an appropriate collaboration between developed and developing countries, in particular in the areas of the music and the cinema.

b) the strengthening of capabilities through the exchange of information, experiences and expertise, as well as the training of human resources in developing countries, in the public and private sectors, in what concerne notably the strategic and managerial capacities, the formulation and implementation of policies, the promotion and distribution of cultural expressions, the development of mediums, small and micro enterprises, and the use of technologies and development and transfer of competences;

c) the transfer of technologies and knowledge upon the introduction of appropriate incentive measures, especially in the field of cultural industries and companies;

d) the financial support by:

i) the establishment of an International Fund for Cultural Diversity as per provisions of Article 18;

ii) the granting of official development assistance, second proceed, including the technical assistance, in order to stimulate and encourage creativity;

iii) other forms of financial assistance, such as loans with low interest rates, grants, and other funding mechanisms.

Article 15-Modalities of collaboration

The Parties will encourage the development of partnerships between the public sector, the private sector, and purpose organizations nonprofits, and also in the interior of them, in order to cooperate with developing countries in strengthening their capabilities to protect and promote the diversity of cultural expressions. These innovative partnerships will emphasize, in accordance with the concrete needs of developing countries, the improvement of the infrastructure, human and political resources, as well as the exchange of activities, goods and cultural services.

Article 16-preferential treatment for developing countries

Developed countries will facilitate cultural exchanges with developing countries ensuring, by means of the appropriate institutional and legal instruments, a preferential treatment of its artists and other professionals and practitioners of culture, as well as its cultural assets and services.

Article 17-International cooperation in situations of grave threat to expressions cultural

Parties shall cooperate for each other if they provide assistance, giving special attention to developing countries, in the situations referred to in Article 8.

Article 18-International Fund for Cultural Diversity

1. Is an International Fund for Cultural Diversity, henceforth named the?Fund?.

2. The Fund will be made up of trust funds, in accordance with the UNESCO Financial Regulation.

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

a) voluntary contributions of the Parties;

b) financial resources that the General Conference of UNESCO assigne to such an end;

c) contributions, donations or legacies made by other states, bodies, and programs of the system of the United Nations, regional or international organizations; public or private entities and physical persons;

d) interest on the resources of the Fund;

e) the product of the collections and revenue of events organized for the benefit of the Fund;

f) any other features authorized by the Fund's regulation.

4. The use of the Fund's resources shall be decided by the Intergovernmental Committee, on the basis of the guidelines of the Conference of the Parties mentioned in Article 22.

5. The Intergovernmental Committee will be able to accept contributions, or other forms of assistance with general or specific purpose that are linked to concrete projects, provided that they condo them with their approval.

6. Contributions to the Fund shall not be bound to be bound by any political, economic or other condition that is inconsistent with the objectives of this Convention.

7. The Parties shall make efforts to provide voluntary contributions, on regular basis, to the implementation of this Convention.

Article 19-Interchange, analysis and diffusion of information

1. The Parties undertake to exchange information and share expertise relating to the collection of data and statistics on the diversity of cultural expressions, as well as on best practices for their protection and promotion.

2. UNESCO will facilitate, thanks to the existing mechanisms in its Secretariat, the collection, analysis and diffusion of all information, statistics and best practices on the subject matter.

3. Additionally, UNESCO will establish and update a database on the various government, private, and non-profit sectors and bodies that are involved in the field of cultural expressions.

4. In order to facilitate the collection of data, UNESCO will give special attention to the empowerment and strengthening of the competences of the Parties requesting assistance in the matter.

5. The collection of information set out in this Article shall supplement the information to which the provisions of Article 9 make reference.

V. Relations with other instruments

Article 20-Relations with other instruments: support mutual, complementarity and non-subordination

1. The Parties acknowledge that they should comply in good faith with their obligations under this Convention and all the other treaties of which they are a party. Likewise, without subordinating this Convention to any other treaty:

a) will foster the mutual support between this Convention and the other treaties of which they are a party; and

b) to the interpret and apply the other treaties of which they are a party or when they assume new international obligations, the Parties shall take into account the relevant provisions of this Convention.

2. Nothing in this Convention shall be construed as modifying the rights and obligations of the Parties arising from other treaties of which they are a party.

Article 21-Consultation and international coordination

The Parties undertake to promote the objectives and principles of this Convention at other international fora. To that end, the Parties should consult each other when convenient, keeping in mind the aforementioned 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 shall be the plenary and supreme organ of this Convention.

2. The Conference of the Parties convenes in ordinary session every two years, where possible within the framework of the General Conference of UNESCO. The Conference of the Parties may meet in an extraordinary session, if it so decides, or if it is requested to be addressed to the Intergovernmental Committee by at least one third of the Parties.

3. The Conference of the Parties shall adopt its own internal Rules.

4. The functions of the Conference of the Parties are, among others:

a) to elect the Members of the Committee Intergovernmental;

b) receive and examine reports of the Parties to this Convention transmitted by the Intergovernmental Committee;

c) approve the operational guidelines prepared, at your request, by the Intergovernmental Committee;

d) adopt any other measures that it considers necessary to promote the objectives of this Convention.

Article 23-Intergovernmental Committee

1. Is it instituted with UNESCO an Intergovernmental Committee on the Protection and Promotion of the Diversity of Cultural Expressions Henceforth referred to as?The Intergovernmental Committee?. It is composed of representatives of 18 States Parties to the Convention, elected by the Conference of the Parties for a term of four years, starting from the entry into force of this Convention, as per Article 29.

2. The Intergovernmental Committee meets in annual sessions.

3. The Intergovernmental Committee functions under the authority and in accordance with the guidelines of the Conference of the Parties, to which it provides accounts.

4. The number of members of the Intergovernmental Committee will be raised to 24 when the number of members of this Convention comes to 50.

5. The election of the members of the Intergovernmental Committee is based on the principles of the equestic geographical representation and the turnover.

6. Without prejudice to other responsibilities to it conferred by this Convention, the Intergovernmental Committee shall have the following functions:

a) promote the objectives of this Convention, encourage and monitor its implementation;

( b) prepare and submit to the approval of the Conference of the Parties, upon request, the operational guidelines regarding the implementation and application of the provisions of the present Convention;

c) convey to the Conference of the Parties the reports of the Parties to the Convention accompanied by observations and a summary of their contents;

d) make recommendations appropriate for situations brought to their attention by the Parties to the Convention, in accordance with the relevant provisions of the Convention, in particular Article 8;

e) establish the procedures and other consultation mechanisms that aim at promoting the objectives and principles of this Convention at other international fora;

f) accomplish any other task that may prompt you to request Conference of the Parties.

7. The Intergovernmental Committee, in accordance with its internal Rules, may at any time invite public or private bodies or physical persons to participate in its meetings to consult them on specific issues.

8. The Intergovernmental Committee shall draw up its own internal Rules and shall submit it to the approval of the Conference of the Parties.

Article 24-Secretariat of UNESCO

1. The organs of this Convention shall be assisted by the Secretariat of UNESCO.

2. The Secretariat will prepare the documentation of the Conference of the Parties and the Intergovernmental Committee, as well as the draft agenda of their meetings, by providing aid in the implementation of their decisions and reporting on the application of them.

VII. Final provisions

Article 25-Solution of controversies

1. In the event of a controversy about the interpretation or application of this Convention, the Parties shall seek to resolve it by negotiation.

2. If the parties involved do not agree by negotiation, they may jointly appeal to the good offices or the mediation of a third party.

3. If good offices or mediation are not adopted, or if it is not possible to overcome the controversy by negotiation, good offices or mediation, a Party may resort to conciliation, in accordance with the constant procedure of the Attachment to the present Convention. The Parties shall consider in good faith the proposal for a solution of the controversy presented by the Conciliation Commission.

4. Each Party may, at the time of ratification, acceptance, approval or accession, declare that it does not recognize the procedure of conciliation above. Every Party that has made such a declaration may at any time withdraw it upon 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 the member States of UNESCO 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 shall be open to the accession of any non-Member State of UNESCO, provided that it belongs to the United Nations Organization or to some of its specialized bodies and which has been invited by the General Conference of the Organization to adhere to the Convention.

2. This Convention shall also be open to the accession of territories enjoying full internal autonomy recognized as such by the United Nations, but which have not achieved full independence in accordance with Assembly Resolution 1514 (XV) General, and which have competence in the subjects of which it treats the present Convention, including the competence to conclude treaties concerning such matters.

3. The following provisions apply to regional economic integration organizations:

a) a this Convention shall also be open to the accession of the entire regional economic integration organization, which shall be, except as stipulated below, fully bound by the provisions of the Convention in the same manner as the States Party.

b) if one or more member states of these organizations are likewise Parties to the present Convention, the organization and the State or member states shall decide on their respective responsibilities in respect of the performance of the obligations arising from this Convention. Such a division of responsibilities will take effect after the termination of the notification procedure described in the inciso (c) below. The organization and its member states shall not be able to exercise, concomitantly, the rights that are emanating from this Convention. In addition, in the matters of their competence, regional economic integration organizations will be able to exercise the right to vote with a number of votes equal to the number of their member states that are Parties to the Convention. Such organizations will not be able to exercise the right to vote if any of their members do so, and vice versa.

c) the regional economic integration organization and its state or member states that have agreed to the division of responsibilities foreseen in the inciso (b) above, will inform you of the Parties as follows:

i) in its instrument of accession, such an organization will need to accurately declare the division of its responsibilities with respect to the subjects governed by the Convention;

ii) in the event of further modification of the respective responsibilities, the regional organization of economic integration will inform the depositary of every proposal to modify these responsibilities; the depositary should, in turn, inform the Parties of such modification.

d) the member states of a regional economic integration organization that have have become Parties to this Convention are supposed to maintain competence over all matters which have not been, upon express declaration or information to the depositary, object of transfer competence to the organization.

e) understands yourself by? regional economic integration organization? every organization consisting of sovereign states, members of the United Nations or of one of its specialized bodies, to which such States have transferred their competences in matters governed by this Convention, and that there has been duly authorized, in accordance with its internal procedures, to become Part of the Convention.

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

Article 28-Point focal

By acceding to this Convention, shall each Party designate the? focal point? 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 solely in relation to States or regional economic integration organizations that have deposited their respective instruments of ratification, acceptance, approval or accession on that date or previously. For the remaining Parties, the Convention shall enter into force three months after the date of the deposit of its instrument of ratification, acceptance, approval, or accession.

2. For the purposes of this Article, no instrument deposited by regional economic integration organization shall be counted as additional to those deposited by the member states of the said organization.

Article 30-Nonunitary or federative constitutional systems

Recognizing that international agreements link in the same way as the Parties, regardless of their constitutional systems, the following provisions apply to the Parties with federative or non-unitary constitutional arrangements:

a) with regard to the provisions of this Convention the application of which is the competence of the federal or central legislative power, the obligations of the federal or central government will be the same of the Parties that are not federative States;

b) as regards the provisions of this Convention whose application is the competence of each of the constituent units, be they States, counties, provinces or cantons which, by virtue of the constitutional system of the federation, do not have an obligation to adopt measures laws, the federal government shall communicate, where necessary, those provisions to the competent authorities of the constituent units, whether states, counties, provinces or cantons, with the recommendation that they be applied.

Article 31-Denpronunciation

1. Each of the Parties may denounce this Convention.

2. The complaint will be notified in written instrument deposited with the Director-General of UNESCO.

3. The complaint shall take effect twelve months after the receipt of the respective instrument. The complaint will not modify in any way the financial obligations that the whistleblower Party has assumed until the date of effectuation of the withdrawal.

Article 32-Depositary functions

The Director-General of UNESCO, in the condition of depositary of this Convention, will inform the member states of the Organization, non-members states and regional organizations of economic integration referred to in Article 27, as well as to the United Nations, on the deposit of all instruments of ratification, acceptance, approval or accession mentioned in Articles 26 and 27, as well as on the denunciations provided for in Article 31.

Article 33-Emendas

1. Every Party may, by written communication addressed to the Director-General, propose amendments to this Convention. The Director General shall transmit this communication to the remaining Parties. If, within six months of the date of the transmission of the communication, at least half of the States respond favourably to that demand, the Director General shall submit the proposal to the next session of the Conference of the Parties for discussion and eventual adoption.

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

3. Once adopted, the amendments to this Convention shall be submitted to the Parties for ratification, acceptance, approval or accession.

4. For Parties that have ratified them, accepted, approved or acceded to, the amendments to this Convention shall enter into force three months after the deposit of the instruments referred to in paragraph 3 of this Article by two thirds of the Parties. Subsequently, for each Party that ratifies it, accepted, approve or accede to it, the amendment shall enter into force three months after the date of deposit by that Party of the respective instrument of ratification, acceptance, approval or accession.

5. The procedure set out in paragraphs 3 and 4 shall not apply to the amendments to Article 23 relating to the number of members of the Intergovernmental Committee. Such amendments will enter into force at the time they are adopted.

6. A State, or a regional economic integration organization defined in Article 27, which becomes Part of this Convention after the entry into force of amendments as per paragraph 4 of this Article, and which does not manifest a different intention, will be considered:

a) part of this Convention thus emendable; and

b) part of this non-emended Convention relatively to all Party that is not linked to that Amendment.

Article 34-Authentic Texts

This Convention is drawn up in Arabic, Chinese, Spanish, French, English and Russian, the six texts being similarly authentic.

Article 35-Registration

In accordance with the provisions of article 102 of the Charter of the United Nations, this Convention shall be registered in the Secretariat of the United Nations by petition of the Director-General of UNESCO.

ANNEX

Procedure of conciliation

Article 1-Conciliation Commission

By request of one of the Parties of the controversy, a Conciliation Commission will be created. Unless the Parties decide otherwise, the Commission shall be composed of 5 members, and each of the Parties involved shall indicate two members and the President shall be chosen by common agreement by the 4 members so designated.

Article 2-Members of the Commission

In case of controversy between more than two Parties, the Parties that have the same interest will assign their members of the Commission in common agreement. If at least two Parties have independent interests or there is disagreement on the question of whether they have the same interests, they will indicate their members separately.

Article 3-Nominations

If no indication has been made by the Parties within the two-month time frame from the date of creation request of the Conciliation Commission, the Director-General of UNESCO shall make the nominations within a further two-month period, if requested by the Party which submitted the application.

Article 4-President of the Commission

If the President of the Commission has not been chosen within two months after the designation of the last member of the Commission, the Director-General of UNESCO shall designate the President within a new two-month period, if requested by one of the Parties.

Article 5-Decisions

The Conciliation Commission will take its decisions by the majority of its members. Unless the Parties to the controversy decide in another way, the Commission shall establish its own procedure. It will propose a solution to the controversy, which the Parties will examine in good faith.

Article 6-Discordance

In the event of disagreement over the competence of the Conciliation Commission, it will decide whether or not it is competent.