Advanced Search

Through Which The "convention On The Protection And Promotion Of The Diversity Of Cultural Expressions", Signed In Paris On 20 October 2005 Is Approved

Original Language Title: Por medio de la cual se aprueba la "Convención sobre la protección y la promoción de la diversidad de las expresiones culturales", firmada en París el 20 de octubre de 2005

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

ACT 1516

(February 6)

Official Journal No. 48.335 of 6 February 2012

CONGRESS OF THE REPUBLIC

By means of which the "Convention on the Protection and Promotion of the Diversity of Cultural Expressions", signed in Paris on October 20, 2005, is approved.

Effective Case-law

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Convention on the Protection and Promotion of the Diversity of Cultural Expressions" signed in Paris on 20 October 2005.

(To be transcribed: photocopy of the full text of the above International Instruments is attached).

CONVENTION ON 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 33rd meeting, held in Paris from 3 to 21 October 2005,

Affirming that cultural diversity is an essential feature of humanity,

Conscious that cultural diversity constitutes a common heritage of humanity that must be valued and preserved for the benefit of all,

Conscious that cultural diversity creates a rich and varied world that increases the range of possibilities and nurtures human capabilities and values, and therefore constitutes one of the main engines of the sustainable development of communities, peoples and nations,

Remembering that cultural diversity, as it thrives in a framework of democracy, tolerance, social justice and mutual respect between peoples and cultures, is indispensable for peace and security in the world. local, national and international,

Encomando 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 instruments universally recognized,

Highlighting the need to incorporate culture as a strategic element in national and international development policies, as well as international development cooperation, taking into account the United Nations Millennium Declaration (2000), with its special emphasis on poverty eradication,

Considering that culture takes on diverse forms through time and space and that this diversity is manifested in the originality and plurality of identities and cultural expressions of peoples and societies that form humanity,

Recognizing the importance of traditional knowledge as a source of immaterial and material wealth, in particular the knowledge systems of indigenous peoples and their positive contribution to development sustainable, as well as the need to ensure their protection and promotion in an appropriate manner,

Recognizing the need to take measures to protect the diversity of cultural expressions and their contents, especially in situations where cultural expressions can be endangered or of severe impairment,

Highlighting the importance of culture for social cohesion in general and, in particular, the possibilities it holds for improving the condition of women and their role in society,

Conscious that cultural diversity is strengthened by the free movement of ideas and is nourished by constant exchanges and interactions between cultures,

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

Recognizing that the diversity of cultural expressions, including traditional cultural expressions, is an important factor that enables people and people to express and share their ideas and values,

Remembering that linguistic diversity is a fundamental element of cultural diversity, and reaffirming the fundamental role that education plays in the protection and promotion of cultural expressions,

Taking into account the importance of the vitality of cultures for all, especially in the case of persons belonging to minorities and indigenous peoples, as manifested in their freedom to create, disseminate and distribute their traditional cultural expressions, as well as their right to access them in order to take advantage of them for their own development,

Underscoring the essential function of cultural interaction and creativity, which nurture and renew cultural expressions, and strengthen the role played by those involved in the development of culture for the progress of the society at large,

Recognizing the importance of intellectual property rights to support those who participate in cultural creativity,

Persuaded that cultural activities, goods and services are both economic and cultural, because they are carriers of identities, values and meanings, and therefore should not be treated as if only have a commercial value,

Observing that the processes of globalization, facilitated by the rapid evolution of information and communication technologies, despite the creation of unprecedented conditions for the intensification of the interaction between cultures, are also a challenge for cultural diversity, especially as regards the risks of imbalances between rich countries and poor countries,

Aware that UNESCO has assigned the specific task of ensuring respect for the diversity of cultures and recommending international agreements it deems appropriate to facilitate the free movement of ideas by word and image,

Taking into account the provisions of the international instruments approved by UNESCO on cultural diversity and the exercise of cultural rights, in particular the Universal Declaration on the Cultural Diversity of 2001,

Atest, on October 20, 2005, this Convention.

I. Objectives and guiding principles

Item 1o-Objectives

The objectives of this Convention are:

a) protect and promote the diversity of cultural expressions;

b) creating the conditions for cultures to thrive and to maintain interactions freely in a mutually beneficial way;

(c) promoting dialogue between cultures in order to ensure broader and more balanced cultural exchanges in the world for intercultural respect and a culture of peace;

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

e) to promote respect for the diversity of cultural expressions and to raise awareness of their value at local, national and international levels;

f) reaffirm the importance of the link between culture and development for all countries, especially developing countries, and support the activities carried out at national and international level to ensure the recognition of the real value of that link;

g) to recognize the specific nature of cultural activities and goods and services as carriers of identity, values and meaning;

h) to reiterate the sovereign rights of States to preserve, adopt and implement policies and measures they deem necessary to protect and promote the diversity of cultural expressions in their respective territories;

i) to strengthen international cooperation and solidarity in a spirit of collaboration, in order to strengthen, in particular, the capacities of developing countries in order to protect and promote the diversity of cultural expressions.

Article 2o-Guiding Principles

1. Principle of respect for human rights and fundamental freedoms

Only cultural diversity can be protected and promoted if human rights and fundamental freedoms such as freedom of expression, information and communication are guaranteed, as well as the possibility of people choosing their own cultural expressions. No one may invoke the provisions of this Convention to infringe upon human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and guaranteed by international law, or to limit its scope.

2. Principle of sovereignty

In accordance with the Charter of the United Nations and the principles of international law, States have the sovereign right to adopt measures and policies to protect and promote the diversity of cultural expressions in their countries. 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 the equal dignity of all cultures and respect for them, including the cultures of persons belonging to minorities and those of indigenous peoples.

4. Principle of international solidarity and cooperation

International cooperation and solidarity should be aimed at enabling all countries, especially developing countries, to create and strengthen their means of cultural expression, including their cultural, nascent or cultural industries. established, at the local, national and international level.

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

Given that culture is one of the main drivers of development, the cultural aspects of development are as important as its economic aspects, in respect of which individuals and peoples have the fundamental right to participation and enjoyment.

6. Principle of sustainable development

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

7. Principle of equitable access

equitable access to a rich and diversified range of cultural expressions from all parts of the world and the access of cultures to the means of expression and dissemination are important elements to enhance cultural diversity and foster mutual understanding.

8. Principle of openness and balance

When States adopt measures to support the diversity of cultural expressions, they will seek to promote an openness to the other cultures of the world and ensure that these measures are aimed at achieving the objectives pursued by this Convention.

II. Scope of application

Article 3o-Application Scope

This Convention shall apply to policies and measures adopted by the Parties in relation to the protection and promotion of the diversity of cultural expressions.

III. Definitions

Article 4o-Definitions

For the purposes of this Convention:

1. Cultural diversity

Cultural diversity refers to the multiplicity of forms in which the cultures of groups and societies are expressed. These expressions are transmitted within and between groups and societies.

Cultural diversity is manifested not only in the various ways in which it is expressed, enriched and transmitted by the cultural heritage of humanity through the variety of cultural expressions, but also through various forms of creation. artistic, production, dissemination, distribution and enjoyment of cultural expressions, whatever the means and technologies used.

2. Cultural content

Cultural content refers to the symbolic meaning, the artistic dimension and the cultural values that emanate from or express cultural identities.

3. Cultural expressions

Cultural expressions are the expressions resulting from the creativity of people, groups and societies, which have a cultural content.

4. Cultural activities, goods and services

"Cultural activities, goods and services" refer to the activities, goods and services which, considered from the point of view of their specific quality, use or purpose, embody or convey cultural expressions, regardless of the commercial value they may have. Cultural activities can be a goal of their own, or contribute to the production of cultural goods and services.

5. Cultural industries

Cultural industries refer to all industries that produce and distribute cultural goods or services as defined in paragraph 4 above.

6. Cultural policies and measures

"Cultural policies and measures" refer to policies and measures related to culture, whether these are local, national, regional or international, which are centered on culture as such, or whose purpose is to exert an effect. direct in the cultural expressions of persons, groups or societies, in particular the creation, production, dissemination and distribution of activities and cultural goods and services and access to them.

7. Protection

Protection means the adoption of measures aimed at preserving, safeguarding and enriching the diversity of cultural expressions.

"Protecting" means adopting such measures.

8. Interculturality

Interculturality " refers to the presence and equitable interaction of different cultures and the possibility of generating shared cultural expressions, acquired through dialogue and an attitude of mutual respect.

IV. Rights and obligations of the parties

Article 5o-General rule regarding rights and obligations

1. The Parties, in accordance with the Charter of the United Nations, the principles of international law and universally recognised human rights instruments, reaffirm their sovereign right to formulate and implement their cultural policies and take measures to protect and promote the diversity of cultural expressions, as well as to strengthen international cooperation in order to achieve the objectives of this Convention.

2. Where a Party implements policies and takes measures to protect and promote the diversity of cultural expressions in its territory, such policies and measures shall be consistent with the provisions of this Convention.

Article 6o-Rights of the Parties at the national level

1. Within the framework of their cultural policies and measures, as defined in Article 4, paragraph 6, and taking into account their particular circumstances and needs, the Parties may adopt measures to protect and promote the diversity of the cultural expressions in their respective territories.

2. These measures may consist of:

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

(b) measures that provide opportunities, in an appropriate manner, to national cultural activities and goods and services, among all the activities, goods and cultural services available within the national territory, for their creation, production, distribution, dissemination and enjoyment, including provisions concerning the language used for such activities, goods and services;

(c) measures aimed at providing national independent cultural industries and non-structured sector activities with effective access to the means of production, dissemination and distribution of cultural goods and services;

(d) measures to grant public financial assistance;

e) measures aimed at encouraging non-profit organizations, as well as public and private entities, artists and other professionals of culture, to promote and promote the free exchange and circulation of ideas, cultural expressions and activities, cultural goods and services, and to stimulate the creative spirit and spirit of enterprise in its activities;

(f) measures to create and support in an appropriate manner the relevant public service institutions;

g) measures to support and support artists and other people involved in the creation of cultural expressions;

(h) measures to promote the diversity of the social media, including the promotion of public service broadcasting.

Article 7o-Measures to promote cultural expressions

1. The Parties shall endeavour to establish in their territory an environment that encourages individuals and groups to:

(a) create, produce, disseminate and distribute their own cultural expressions, and have access to them, paying due attention to the special circumstances and needs of women and different social groups, including people belonging to minorities and indigenous peoples;

b) have access to the various cultural expressions from their territory and from the other countries of the world.

2. The Parties shall also ensure that the important contribution of the artists, of all the people involved in the creative process, of the cultural communities and of the organisations supporting them in their work, as well as the role, is recognised. They play a key role, which is to feed the diversity of cultural expressions.

Article 8o-Measures to protect cultural expressions

1. Without prejudice to Articles 5 and 6, a Party may determine whether there are special situations in which cultural expressions in its territory are at risk of extinction, or are the subject of a serious threat or require some form of urgent safeguard measure.

2. The Parties may take the necessary 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 referred to in Article 23 of all measures taken to deal with the situation, and the Committee may make recommendations as appropriate.

Article 9o-Exchange of information and transparency

Parties:

a) will provide every four years, in reports to UNESCO, appropriate information about the measures they have taken to protect and promote the diversity of cultural expressions in their respective territories and in the field international;

(b) designate a contact point in charge of the exchange of information relating to this Convention

(c) communicate and exchange information on the protection and promotion of the diversity of cultural expressions.

Article 10-Education and public awareness

Parties shall:

(a) promoting and promoting understanding of the importance of protecting and promoting the diversity of cultural expressions through, among other means, education programmes and greater public awareness;

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

(c) strive to encourage creativity and strengthen production capacities through the establishment of education, training and exchange programmes in the field of cultural industries. These measures should be applied in such a way as to have no negative impact on traditional forms of production.

Article 11-Civil Society Participation

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

Article 12-Promotion of International Cooperation

The Parties will seek to strengthen bilateral, regional and international cooperation to create conditions that facilitate the promotion of the diversity of cultural expressions, taking particular account of the situations mentioned in the Articles 8 and 17, in particular with a view to:

a) facilitating dialogue between the Parties on cultural policy;

b) strengthening the strategic and management capabilities of the public sector in public cultural institutions, through international professional and cultural exchanges and the sharing of best practices;

c) strengthen partnerships with civil society, non-governmental organizations and the private sector, and among all these entities, to foster and promote the diversity of cultural expressions;

d) promote the use of new technologies and encourage collaboration to extend the exchange of information and cultural understanding, and to foster the diversity of cultural expressions;

e) encourage the signing of co-production and co-distribution agreements.

Article 13-Integrating culture into sustainable development

The Parties will strive to integrate culture into their development policies at all levels in order to create conditions conducive to sustainable development and, in this framework, to promote aspects related to the protection and promotion of sustainable development. diversity of cultural expressions.

Article 14-Development Cooperation

The Parties will strive to support cooperation for sustainable development and poverty reduction, especially as regards the specific needs of developing countries, in order to foster the emergence of a dynamic cultural by the following means, among others:

a) strengthening cultural industries in developing countries:

i) by creating and strengthening the capacities of developing countries in the field of cultural production and dissemination;

ii) by facilitating extensive access to its activities, cultural goods and services to the global market and international distribution networks;

iii) fostering the emergence of viable local and regional markets;

iv) by adopting, where possible, appropriate measures in developed countries to facilitate access to their territory for cultural activities, goods and services from developing countries;

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

vi) by encouraging appropriate collaboration between developed and developing countries, particularly in the fields of music and film;

b) capacity building through the exchange of information, experiences and competences, as well as through the training of human resources in developing countries, both in the public and private sectors, especially in the field of of strategic and management capabilities, policy-making and implementation, promotion of the distribution of cultural goods and services, the promotion of small and medium-sized enterprises and micro-enterprises, the use of technology and development and transfer of competencies;

c) the transfer of skills and know-how through the introduction of appropriate incentives, especially in the field of cultural industries and enterprises;

d) financial support by:

i) the creation of an International Fund for Cultural Diversity in accordance with the provisions of Article 18;

(ii) the provision of official development assistance, as appropriate, comprised of technical assistance, in order to stimulate and support creativity;

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

Article 15-Collaboration Modes

The Parties will encourage the creation of partnerships between the public sector, the private sector and non-profit organizations, as well as within each of them, in order to cooperate with developing countries in strengthening their capacities with to protect and promote the diversity of cultural expressions. These innovative partnerships will emphasise, in the light of the practical needs of developing countries, the promotion of infrastructure, human and political resources, as well as the exchange of activities, goods and services. cultural.

Article 16-Preferential treatment to developing countries

The developed countries will facilitate cultural exchanges with developing countries by providing appropriate institutional and legal frameworks for artists and other professionals in the culture of culture. developing countries, as well as cultural goods and services from them.

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

The Parties shall cooperate to provide mutual assistance, with particular attention to developing countries, in the situations referred to in Article 8.

Article 18-International Fund for Cultural Diversity

1. An International Fund for Cultural Diversity, hereinafter referred to as 'the Fund', is hereby established.

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

3. The Fund's resources shall consist of:

(a) the voluntary contributions of the Parties;

b) the financial resources that the UNESCO General Conference assigns to this end;

(c) contributions, donations or legacies that may be made by other States, agencies and programs of the United Nations system, regional or international organizations, public or private entities, and individuals;

(d) any interest accrued on the Fund's resources;

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

f) all other resources authorized by the Fund Regulation.

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

5. The Intergovernmental Committee may accept contributions or other types of aid for general or specific purposes which are linked to specific projects, provided that they are approved.

6. Contributions to the Fund may not be subject to political, economic or other conditions which are incompatible with the objectives pursued by this Convention.

7. The Parties shall provide regular voluntary contributions for the implementation of this Convention.

Article 19-Exchange, Analysis, and Dissemination of Information

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

2. Thanks to the use of existing mechanisms in the Secretariat, UNESCO will facilitate the collection, analysis and dissemination of all relevant information, statistics and best practices.

3. In addition, UNESCO will create and keep up to date a data bank on the various private and non-profit sectors and government agencies operating in the field of cultural expressions.

4. In order to facilitate the collection of information, UNESCO shall pay particular attention to the creation of specialised capacities and competences in the Parties which make a request for assistance in this respect.

5. The collection of information referred to in this Article shall complement the information referred to in Article 9.

V. Relationships with other instruments

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

1. The Parties recognise that they must comply in good faith with the obligations incumbent upon them under this Convention and the other treaties in which they are a Party. Consequently, without subordinating this Convention to the other treaties:

(a) promote mutual empowerment between this Convention and the other treaties in which they are a Party;

(b) where they interpret and apply the other treaties in which they are a Party or contract other international obligations, they shall take into account the relevant provisions of this Convention.

2. No provision of this Convention may be construed as a modification of the rights and obligations of Parties emanating from other international treaties in which they are a party.

Article 21-International consultations and coordination

The Parties undertake to promote the objectives and principles of this Convention in other international fora. To this end, the Parties shall consult, where appropriate, taking into account those objectives and principles.

VI. Organs of the Convention

Item 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 body of this Convention.

2. The Conference of the Parties shall hold an ordinary meeting every two years at the same time, as long as possible, with the General Conference of UNESCO. It may be convened in an extraordinary manner when it so decides, or where the Intergovernmental Committee receives a request within a third of the Parties at least.

3. The Conference of the Parties shall adopt its own rules of procedure.

4. The Conference of the Parties shall be responsible, inter alia, for the following functions:

a) elect members of the Intergovernmental Committee;

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

(c) approve the practical guidelines that the Intergovernmental Committee has prepared at the request of the Conference;

d) to take any other measure deemed necessary for the achievement of the objectives of this Convention.

Article 23-Intergovernmental Committee

1. An Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions, hereinafter referred to as the "Intergovernmental Committee", shall be established at UNESCO, comprising representatives of 18 States Parties to the Convention, chosen by the Conference of the Parties for a four-year term of office following the entry into force of this Convention in accordance with Article 29.

2. The Intergovernmental Committee shall hold an annual meeting.

3. The Intergovernmental Committee shall function under the authority of the Conference of the Parties, in compliance with its guidance and in the performance of its activities.

4. The number of members of the Intergovernmental Committee shall be 24 where the number of Parties to the Convention is 50.

5. The choice of members of the Intergovernmental Committee shall be based on the principles of equitable geographical representation and rotation.

6. Without prejudice to the other powers conferred upon it by this Convention, the functions of the Intergovernmental Committee shall be as follows:

(a) promoting the objectives of the Convention and promoting and monitoring its implementation;

b) prepare and submit to the approval of the Conference of the Parties practical guidelines, when requested, for the implementation and implementation of the provisions of the Convention;

(c) to transmit to the Conference of the Parties reports of the Parties, together with their observations and a summary of the content;

(d) to make appropriate recommendations in cases that the Parties to the Convention submit to their attention in accordance with the relevant provisions of the Convention, and in particular Article 8 thereof;

e) establish procedures and other consultation mechanisms to promote the objectives and principles of this Convention in other international fora;

f) perform any other tasks that may be requested by the Conference of the Parties.

7. The Intergovernmental Committee, in accordance with its Rules of Procedure, may at all times invite public or private entities and individuals to participate in their meetings to consult them on specific issues.

8. The Intergovernmental Committee shall draw up its own Rules of Procedure and submit it for approval by the Conference of the Parties.

Article 24-UNESCO Secretariat

1. The organs of the Convention will be seconded by the UNESCO Secretariat.

2. The Secretariat shall prepare the documents of the Conference of the Parties and the Intergovernmental Committee, as well as the draft agenda of its meetings, and shall contribute to the implementation of its decisions and report on such implementation.

VII. Final provisions

Article 25-Dispute Settlement

1. In the event of a dispute concerning the interpretation or application of this Convention, the Parties shall endeavour to resolve the dispute through negotiations.

2. If the Parties concerned do not reach an agreement through negotiations, they may use the good offices or the mediation of a third party together.

3. Where good offices or mediation have not been used or a solution has not been achieved by means of negotiations, good offices or mediation, a Party may use the conciliation in accordance with the procedure set out in the Annex to this Regulation. the present Convention. The Parties shall examine in good faith the proposal made by the Conciliation Committee to settle the dispute.

4. At the time of ratification, acceptance, approval or accession, each Party may declare that it does not recognise the envisaged conciliation procedure above. Any Party that has made such a declaration may withdraw it at any time by means of a notification addressed 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. The 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 State which is not a member of UNESCO, but which belongs to the United Nations or to one of its specialized agencies and which has been invited by the General Conference of the Organization to accede to the Convention.

2. This Convention shall also be open to the accession of territories which enjoy full internal autonomy recognised as such by the United Nations but which have not attained full independence in accordance with Resolution 1514. (XV) of the General Assembly, and which have jurisdiction over matters governed by this Convention, including that of signing treaties in relation to them.

3. The following provisions shall apply to regional economic integration organisations:

(a) this Convention shall also be open to the accession of any regional economic integration organisation, subject to the provisions of the following paragraphs, which are bound by the provisions of this Convention; the same way as States Parties;

b) of being one or more Member States of an organization of that type Parties to this Convention, that organization and that or those Member States shall decide on their respective responsibilities in respect of their compliance with their obligations. obligations under this Convention. This allocation of responsibilities shall take effect after the end of the notification procedure referred to in paragraph (c) below. The organisation and its Member States shall not be entitled to exercise concomitantly the rights conferred by this Convention. In addition, in order to exercise the right to vote in its areas of competence, the regional economic integration organisation shall have a number of votes equal to that of its Member States which are a Party to this Convention. The organisation shall not exercise the right to vote if its Member States exercise it, and vice versa;

(c) the regional economic integration organisation and the Member State (s) of the regional economic integration organisation which have agreed to the allocation of responsibilities referred to in paragraph (b) above inform the Parties of the following: way:

(i) in its instrument of accession, such organisation shall state with precision the division of responsibilities with respect to matters governed by this Convention;

ii) if there is a subsequent change in the respective responsibilities, the regional economic integration organisation shall inform the depositary of any proposal for the amendment of those responsibilities, and the latter shall in turn inform the the Parties;

(d) it is presumed that the Member States of a regional economic integration organisation which have become Parties to the Convention remain competent in all areas which have not been subject to a transfer of competence to the Convention. the organisation, expressly declared or flagged to the depositary;

e) "regional economic integration organisation" means any organisation constituted by sovereign States of the United Nations or of one of its specialised agencies, to which those States have transferred their powers; in areas governed by this Convention and which has been duly authorised, in accordance with its internal procedures, to be a Party to the Convention.

4. The instrument of accession shall be 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 effect

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 for the States or regional economic integration organisations which have deposited their respective instruments of ratification, acceptance, approval or accession on or before that date. For the other Parties, it shall enter into force three months after the deposit of its instrument of ratification, acceptance, approval or accession.

2. For the purposes of this Article, instruments of any kind deposited by a regional economic integration organisation shall not be considered to be added to instruments already deposited by their Member States.

Article 30-Federal or non-unit constitutional regimes

Recognising that international agreements also bind Parties, regardless of their constitutional systems, the following provisions shall apply to Parties having a federal or non-unitary constitutional regime:

(a) as regards the provisions of this Convention whose application falls within the federal or central legislative power, the obligations of the federal or central government shall be identical to those of the Parties that are not Federal States;

(b) as regards the provisions of this Convention, the application of which is the responsibility of each of the constituent units, be they States, counties, provinces or cantons which, by virtue of the constitutional regime of the The Federal Government shall communicate with its favourable opinion these provisions, if necessary, to the competent authorities of the constituent units, be they States, counties, provinces or cantons, to approve them.

Article 31-Reporting

1. Any Party to this Convention may denounce it.

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

3. The complaint shall take effect 12 months after receipt of the instrument of denunciation. It shall in no way change the financial obligations to be assumed by the complaining Party until the date on which its withdrawal from the Convention is effective.

Article 32-Depository functions

The Director-General of UNESCO, as a depositary of this Convention, shall inform the Member States of the Organization, the States that are not members, the regional economic integration organizations mentioned in the Article 27 and the United Nations, of the deposit of all instruments of ratification, acceptance, approval or accession referred to in Articles 26 and 27 and of the denunciations provided for in Article 31.

Article 33-Amendments

1. Any Party to this Convention may propose amendments thereto by means of written written communication to the Director General. It shall transmit the communication to all other Parties. If, within six months of the date of dispatch of the communication, at least half of the Parties respond favourably to that request, the Director-General shall submit the proposal to the examination and eventual approval of the next meeting of the Conference of the Parties.

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

3. Once approved, amendments to this Convention shall be subject to ratification, acceptance, approval or accession by the Parties.

4. For Parties which have ratified, accepted or approved amendments to this Convention, or acceded to this Convention, the amendments shall enter into force three months after two-thirds of the Parties have deposited the abovementioned instruments. in paragraph 3 of this Article. From that time on, the corresponding amendment shall enter into force for each Party which ratifies, accepts, approves or adheres to it three months after the date on which the Party has deposited its instrument of ratification, acceptance, approval or accession.

5. The procedure laid down in paragraphs 3 and 4 shall not apply to amendments to Article 23 concerning the number of members of the Intergovernmental Committee. These amendments will enter into force at the very moment of their approval.

6. States or regional economic integration organisations referred to in Article 27 which become Parties to this Convention after the entry into force of amendments in accordance with paragraph 4 of this Article and which do not manifest an intention to the contrary will be considered:

a) Parties to this Convention as amended; and

(b) Parties to this Convention not amended in respect of any Party that is not bound by the amendments in question.

Article 34-Authentic Texts

This Convention is written in Arabic, Chinese, Spanish, French, English, and Russian, with the six texts being equally authentic.

Item 35-Record

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

ANNEX

Reconciliation Procedure

Article 1-Reconciliation Commission

A Conciliation Commission shall be established at the request of one of the Parties to the dispute. Unless otherwise agreed by the Parties, that Commission shall be composed of five members, two appointed by each Party concerned and a President jointly elected by those Members.

Article 2-Commission Members

In disputes between more than two Parties, those who share the same interest shall appoint by common agreement their respective members in the Commission. Where two or more Parties have different interests or there is disagreement as to the Parties having the same interest, they shall appoint their members separately.

Article 3-Appointments

If, within two months of a request for the creation of a Conciliation Committee, the Parties have not appointed all the members of the Commission, the Director-General of UNESCO, at the request of the Party which has submitted the application, shall make the necessary appointments within a further period of two months.

Article 4-Commission President

If the Chairman of the Conciliation Committee has not been appointed by the Conciliation Committee within two months of the appointment of the last member of the Commission, the Director-General of UNESCO, at the request of one of the Parties, shall proceed to his designation within a new period of two months.

Article 5-False

The Conciliation Commission will issue its rulings by a majority of its members. Unless the Parties to the dispute decide otherwise, it shall determine its own procedure. The Commission shall make a proposal for a solution to the dispute, which the Parties shall examine in good faith.

Article 6-Disagreements

Any disagreement as to the competence of the Conciliation Committee will be settled by the Commission itself.

THE COORDINATOR OF THE TREATY AREA OF THE OFFICE OF THE MINISTRY OF FOREIGN AFFAIRS

CERTIFIES:

That the reproduction of the text above is a faithful and complete photocopy of the "CONVENTION ON THE PROTECTION AND PROMOTION OF THE DIVERSITY OF CULTURAL EXPRESSIONS", signed in Paris on October 20, 2005, taken from the Copy Certified by the Legal adviser of the United Nations Educational, Scientific and Cultural Organization, which consists of twenty (20) folios, a document that rests in the archives of the Legal Advisory Office of this Ministry.

Dada in Bogotá, D. C., at twenty-four (24) days of the month of March of two thousand nine (2009).

The Area of Treaties Coordinator Office Legal Counsel,

Margarita Eliana Manjarrez Herrera.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., April 22, 2009

Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.

ALVARO URIBE VELEZ

The Foreign Minister

Jaime Bermudez Merizalde.

DECRETA:

Article 1o. I endorsed the "CONVENTION ON THE PROTECTION AND PROMOTION OF THE DIVERSITY OF CULTURAL EXPRESSIONS", signed in Paris on 20 October 2005.

Article 2o. In accordance with the provisions of Article 1 or of Law 7ª of 1944, the "CONVENTION ON THE PROTECTION AND PROMOTION OF THE DIVERSITY OF CULTURAL EXPRESSIONS", signed in Paris on October 20, 2005, which by article 1o of this Law approves, shall oblige the country from the date on which the international link with respect to it is perfected.

Article 3o. This law governs from the date of its publication.

Dada en Bogotá, D. C., a ...

Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Culture.

The Foreign Minister,

Maria Angela Horgin Cuellar.

The Minister of Culture,

Mariana Garces Córdoba.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., April 22, 2009

Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.

ALVARO URIBE VELEZ

The Foreign Minister

Jaime Bermudez Merizalde.

DECRETA:

Article 1o. I endorsed the "CONVENTION ON THE PROTECTION AND PROMOTION OF THE DIVERSITY OF CULTURAL EXPRESSIONS", signed in Paris on 20 October 2005.

Article 2o. In accordance with the provisions of Article 1 or of Law 7ª of 1944, the "CONVENTION ON THE PROTECTION AND PROMOTION OF THE DIVERSITY OF CULTURAL EXPRESSIONS", signed in Paris on October 20, 2005, which by article 1o of this Law approves, shall oblige the country from the date on which the international link with respect to it is perfected.

Article 3o. This law governs from the date of its publication.

The President of the honorable Senate of the Republic,

JUAN MANUEL CORZO ROMAN.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

SIMON GAVIRIA MUNOZ.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Communicate and comply.

Execute, upon review of the Constitutional Court, pursuant to Article 241-10 of the Political Constitution.

Dada in Bogota, D.C., to February 6, 2012.

JUAN MANUEL SANTOS CALDERÓN

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

The Minister of Culture,

MARIANA GARCES CÓRDOBA.

Ir al inicio