1 RESOLUTION No. 45/X whereas the growing requirement for preservation of cultural expressions that result from the creativity of individuals, groups and societies, it is essential to protect, promote and enhance the diversity of cultural expressions by your lack of support make this set of expressions particularly vulnerable; Given that this Convention will make it possible to promote international cooperation in this field; So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: to approve the Convention on the protection and promotion of the diversity of cultural expressions and the annex thereto, adopted by the 33rd session of the UNESCO General Conference in Paris, 20 October 2005, whose texts , in the authentic version in the English language, as well as their translation into Portuguese language, published in annex.
Seen and approved by the Council of Ministers of 23 November 2006 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 2 CONVENTION on the protection and promotion of the DIVERSITY of CULTURAL EXPRESSIONS the General Conference of the United Nations Educational, scientific and Cultural Organization, meeting in Paris from 3 to 21 October 2005 , in the 33rd session, your Stating that cultural diversity is an essential characteristic of mankind, Conscious that cultural diversity forms a common heritage of humanity that should be cherished and preserved for the benefit of all, Aware that cultural diversity creates a Rico world and varied, extending the possibilities of choice and nurtures the skills and human values , constituting therefore a mainspring for sustainable development for communities, peoples and Nations, Recalling that cultural diversity, that develops within a framework of democracy, tolerance, social justice and mutual respect between peoples and cultures, is indispensable to peace and security at the local, national and international levels, Lauding the importance of cultural diversity for the full realization of human rights and fundamental freedoms proclaimed in the Universal Declaration of human rights and other universally recognized instruments, emphasizing the need to incorporate culture as a strategic element in national and international development policies, as well as in international development cooperation, taking into account also the UN Millennium Declaration (2000) which puts the emphasis on the eradication of poverty, Considering that culture takes diverse forms in time and space and that this diversity is embodied in the uniqueness and plurality of the identities as well as in the cultural expressions of the peoples and societies making up humanity, recognizing the importance of traditional wisdom as a source of intangible and material wealth, in particular the knowledge systems of indigenous peoples, and your positive contribution to sustainable development, in addition to the need to ensure appropriately to your protection and promotion, recognizing the need to adopt measures to protect the diversity of cultural expressions , including their contents, especially in situations 3:00 pm that cultural expressions may be threatened with extinction or serious impairment, emphasising the importance of culture for social cohesion in General and your specific contribution to the improvement of the status and role of women in society, Aware that cultural diversity is strengthened by the free flow of ideas and feeds constant exchanges and interaction between cultures , Reaffirming that freedom of thought, expression and information, as well as diversity of the media, enable cultural expressions to flourish within societies, recognizing that the diversity of cultural expressions, including traditional cultural expressions, is an important factor that allows individuals and peoples to express and share their ideas and their values Recalling 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, including for persons belonging to minorities and indigenous peoples, as manifested through the freedom to create, disseminate and distribute their traditional cultural expressions and to have access to them in order to promote your own development, Underlining the vital role of cultural interaction and creativity, which nurture and renew cultural expressions and enhance the role of those who participate in the development of culture for the progress of society in General, recognizing the importance of intellectual property rights in support of those involved in cultural creativity, convinced that the activities, cultural goods and services have simultaneously economic and cultural nature because they are bearers of identities, values and meanings, and must therefore not be treated as having only commercial value, noting that the process of globalization, facilitated by the rapid evolution of information and communication technologies, if, on the one hand, create unprecedented conditions of enhanced interaction between cultures, on the other, represent a challenge for cultural diversity, in particular with regard to the risks of imbalances between rich and poor countries 4, aware of the specific mandate entrusted to UNESCO to ensure the respect for the diversity of cultures and to recommend the international agreements which it deems useful to facilitate the free flow of ideas by Word and image, taking into account the provisions of the international instruments adopted by UNESCO on cultural diversity and the exercise of cultural rights, in particular the Universal Declaration on Cultural diversity of 2001 Adopt, 20 October 2005, this Convention.
5 i. objectives and GUIDING PRINCIPLES article 1 Objectives
The objectives of this Convention are: to) protect and promote the diversity of cultural expressions; b) to create conditions that allow the cultures to flourish and to freely interact in a mutually beneficial manner; c) Encourage dialogue between cultures to ensure more intense and balanced cultural exchanges in the world, in favour of intercultural respect and a culture of peace; d) foster interculturality in order to develop cultural interaction, with the aim of building bridges among peoples; e) Promote respect for the diversity of cultural expressions and the value your awareness 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 actions at national and international levels in order to recognize the true value of such bonds; g) Recognize the specific nature of cultural activities, goods and services as vehicles of identity, values and meaning; h) Reaffirm the sovereign right of States to maintain, adopt and implement the policies and measures they deem appropriate for the protection and promotion of the diversity of cultural expressions in your territory; I) to strengthen cooperation and international solidarity in a spirit of partnership with a view, in particular, to increase the capacities of developing countries with regard to the protection and promotion of the diversity of cultural expressions.
6 article 2 guiding principles 1. Principle of respect for human rights and fundamental freedoms cultural diversity can be protected and promoted only if they are guaranteed human rights and fundamental freedoms, such as freedom of expression, information and communication or the ability of individuals to choose their cultural expressions. No one may invoke the provisions of this Convention to infringe human rights and fundamental freedoms enshrined in the Universal Declaration of human rights or guaranteed by international law, nor to limit their scope. 2. Principle of sovereignty in accordance with the UN Charter and the principles of international law, States have the sovereign right to adopt measures and policies aimed at the protection and promotion of the diversity of cultural expressions on their territory. 3. Principle of equal dignity and respect for all cultures the protection and promotion of the diversity of cultural expressions imply recognition of equal dignity and respect for all cultures, including those of persons belonging to minorities and those of indigenous peoples. 4. Principle of solidarity and international cooperation and international solidarity cooperation should allow all countries, especially developing countries, to create and strengthen their means of cultural expression, including their cultural industries, springs or signed, the local, national and international level. 5. principle of the complementarity of economic and cultural aspects of development Being the culture one of the mainsprings of development, the cultural aspects of development are as important as its economic aspects, and individuals and peoples have the fundamental right to participate in and benefit from them. 6. Principle of sustainable development cultural diversity is a great asset for individuals and societies. The protection, promotion and maintenance of cultural diversity are an essential condition for 1 7 sustainable development for the benefit of present and future generations. 7. Principle of equitable access equitable access to a rich and diversified range of cultural expressions from all over the world and access of cultures to the means of expression and dissemination constitute important elements for valuing cultural diversity and encouraging mutual understanding. 8. Principle of openness and balance When adopting measures to support the diversity of cultural expressions, States should seek to promote, in an appropriate manner, openness to other cultures of the world and ensure that these measures are in accordance with the objectives pursued by the Convention.
II. scope of APPLICATION article 3 scope of application this Convention shall apply to the policies and measures adopted by the parties with regard to the protection and promotion of the diversity of cultural expressions.
III. definitions article 4 Definitions
For the purposes of this Convention: 1. cultural Diversity «cultural diversity» refers to the multitude of ways in which they express the cultures of groups and societies. These forms of expression are transferred within and between groups and societies. Cultural diversity manifests itself not only in the different ways in which the cultural heritage of humanity is expressed, if enriches and spread thanks to the variety of cultural expressions but also through diverse modes of artistic creation 8, production, dissemination, distribution and enjoyment of cultural expressions, irrespective of the means and technologies used. 2. cultural content the ' cultural content ' refers to the symbolic meaning, artistic dimension and cultural values that originate from or express cultural identities. 3. Cultural Expressions ' cultural expressions ' refers to expressions that result from the creativity of individuals, groups and societies, and that have cultural content. 4. Cultural activities, goods and services ' cultural activities, goods and services ' refers to those activities, goods and services that, considered from the point of view of your quality, use or purpose, embody or convey cultural expressions, irrespective of the commercial value they may have. Cultural activities may constitute an end in themselves, or contribute to the production of cultural goods and services. 5. Cultural industries ' cultural industries ' refers to industries producing and distributing cultural goods or services as defined in paragraph 4 above. 6. cultural policies and measures "cultural policies and measures ' refers to policies and measures relating to culture, at local, national, regional or international, which focus on culture as such or are designed to have a direct effect on cultural expressions of individuals, groups or societies, including on the creation, production, dissemination and distribution of cultural activities, goods and services as well as access to them. 7. protection «Protection» means the adoption of measures to preserve, protect and promote the diversity of cultural expressions. «Protect» means to adopt such measures. 8. Interculturality ' intercultural ' refers to the existence and equitable interaction of diverse cultures and the possibility of generating shared cultural expressions through dialogue and mutual respect.
9 IV. Rights and OBLIGATIONS of the PARTIES article 5 General Rule regarding rights and obligations 1. In accordance with the United Nations Charter, with the principles of international law and universally recognized instruments on human rights, the parties reaffirm the your sovereign right to formulate and implement their cultural policies, to adopt measures to protect and promote the diversity of cultural expressions and to strengthen international cooperation in order to achieve the objectives of this Convention. 2. The policies and measures taken by a party to protect and promote the diversity of cultural expressions in your territory must be compatible with this Convention.
Article 6 rights of Parties at the national level 1. Within the framework of its cultural policies and measures as defined in paragraph 6 of article 4, and taking into account their specific needs and circumstances, the parties may adopt measures aimed at protecting and promoting diversity of cultural expressions within its territory. 2. These measures may consist in: a) regulatory measures aimed at protecting and promoting diversity of cultural expressions; b) measures that, in an appropriate manner, enabling the creation, production, dissemination, distribution and enjoyment of the activities, goods and services national cultural activities, goods and cultural services available within their territories, including measures relating to language used for such activities, goods and services; c) measures to provide independent national cultural industries and activities in the informal sector effective access to the means of production, dissemination and distribution of cultural activities, goods and services; 10 d) measures to grant public financial assistance; and) measures to encourage non-profit organisations, as well as public and private institutions, artists and other cultural professionals to develop and promote the free exchange and free flow of ideas and cultural expressions, as well as of cultural activities, goods and services, and to stimulate the creation and entrepreneurial spirit in their activities; f) measures designed to create and support, as appropriate, the relevant public institutions; g) measures to encourage and support the artists and everyone involved in the creation of cultural expressions; h) measures to encourage media diversity, including the promotion of public service broadcasting.
Article 7 measures to promote cultural expressions 1. The Parties shall endeavour to create in your territory an environment which encourages individuals and social groups: a) create, produce, disseminate and distribute their own cultural expressions and to have access, serving properly the conditions and specific needs of women, as well as various social groups, including persons belonging to minorities and indigenous peoples; b) Have access to diverse cultural expressions from its territory and other countries of the world. 2. The Parties shall also recognize the important contribution of artists and all those who are involved in the creative process, cultural communities, and organizations that support in your work, as well as the central role of your feed the diversity of cultural expressions.
11 article 8 measures to protect cultural expressions
1. Without prejudice to articles 5 and 6, a party may determine the existence of special situations where cultural expressions on your territory, run risk of extinction, are the subject of a serious threat or otherwise require an urgent safeguard measure. 2. Parties may take all appropriate measures to protect cultural expressions in 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 all measures taken to meet the requirements of the situation, the Committee may formulate appropriate recommendations.
Article 9 information sharing and transparency Parties shall: a) provide, every four years, in their reports to UNESCO, the necessary information on the measures taken to protect and promote the diversity of cultural expressions within their territory and at the international level; b) Designate a point of contact responsible for information sharing relating to this Convention; c) Share and exchange information relating to the protection and promotion of the diversity of cultural expressions.
Article 10 education and public awareness Parties shall: a) to provide and develop the understanding of the importance of the protection and promotion of the diversity of cultural expressions, inter alia, through programmes of education and public awareness; 12 b) Cooperate with other parties and international and regional organisations to achieve the purpose of this article; c) endeavour to encourage creativity and strengthen production capacities by setting up programmes of education, training and exchanges in the field of cultural industries, and should these measures be applied so as not to have a negative impact on traditional forms of production.
Article 11 participation of civil society Parties acknowledge the fundamental role of civil society in the protection and promotion of the diversity of cultural expressions. The parties will 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 shall endeavour to strengthen your bilateral, regional and international cooperation in order to create conditions conducive to the promotion of the diversity of cultural expressions, taking particular account of the situations referred to in articles 8 and 17, in particular with a view to: a) facilitate dialogue among parties on cultural policy; b) strategic capacities and public sector management in public cultural institutions, thanks to cultural exchanges and international professionals, as well as the sharing of best practices; c) Strengthen partnerships with civil society, non-governmental organizations and the private sector, as well as partnerships between these entities, to enhance and promote the diversity of cultural expressions; d) Promote the use of new technologies and encourage partnerships to enhance information sharing and cultural understanding and to promote the diversity of cultural expressions; and) Encourage the conclusion of co-production and co-distribution agreements. 13 Article 13 Integration of culture in sustainable development Parties shall endeavour to integrate culture in their development policies at all levels, in order to create conditions conducive to sustainable development and, in this context, focus on aspects related to the protection and promotion of the diversity of cultural expressions.
Article 14 cooperation for development Parties shall endeavour to support cooperation for sustainable development and poverty reduction, especially with regard to the specific needs of developing countries, in order to promote the emergence of a dynamic cultural sector by, inter alia, the following means: a) the strengthening of the cultural industries in developing countries : i) Creating and strengthening the capacities of cultural production and distribution in developing countries; II) Facilitating a wider access of cultural activities, goods and services related to the global market and international distribution circuits; III) enabling the emergence of viable local and regional markets; IV) Adopting, where possible, appropriate measures in developed countries with a view to facilitating the access to the territory of your activities, of the cultural goods and services of developing countries; v) Supporting the creative work and facilitating, to the extent possible, the mobility of artists in developing countries; vi) Encouraging appropriate collaboration between developed and developing countries, in particular in the fields of music and film; 14 b) increasing capacity-building through the exchange of information, experiences and competencies, as well as the training of human resources of the developing countries in the public and private sectors, with regard, in particular, the strategic and management capacities, the development and implementation of policies, the promotion and distribution of cultural expressions, the development of SMEs and micro-enterprises , the use of technologies and the development and transfer of skills; c) technology transfer and specific technical knowledge through the adoption of appropriate incentives, in particular in the field of cultural industries and enterprises; d) financial support by means of: i) the creation of an International Fund for Cultural diversity, in accordance with the provisions of article 18; II) public aid to development, if needed, including technical assistance in order to stimulate and support creativity; III) other forms of financial support such as loans with low interest rates, grants and other funding mechanisms.
Article 15 Collaborative Arrangements
The parties will foster the creation of partnerships between the public sector, the private sector and non-profit organizations, as well as within the same, aimed at cooperation with developing countries in strengthening their capacities for the protection and promotion of the diversity of cultural expressions. In response to the specific needs of developing countries, these innovative partnerships should focus on the development of infrastructure, human resources and policies, as well as the exchange of cultural activities, goods and services.
15 article 16 preferential treatment for developing countries developed countries shall facilitate cultural exchanges with developing countries by granting, through the appropriate institutional and legal frameworks, preferential treatment to artists and other professionals and agents of culture in these countries, as well as to their cultural goods and services.
Article 17 International Cooperation in situations of serious threat against cultural expressions in situations referred to in article 8, the Parties shall cooperate in providing mutual assistance, giving special attention to developing countries.
Article 18 International Fund for Cultural diversity 1. It's created an International Fund for Cultural diversity, hereinafter ' the Fund '. 2. The Fund shall be constituted by trust funds, in accordance with the financial regulations of UNESCO. 3. The resources of the Fund will meet: a) voluntary contributions from Parties; b) funds allocated for that purpose by the General Conference of UNESCO; c) payments, gifts or bequests which may be made by other States, organizations and programmes of the United Nations system, other regional or international organizations, as well as public or private bodies or individuals; d) Any interest accrued by the Fund resources; e) funds collected and revenue from events organized for the benefit of the Fund; f) Any other resources authorized by the Fund rules. 16 4. The use of the resources of the Fund 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 may accept contributions and other forms of support for General or specific purposes relating to specific projects, provided that such projects have received your approval. 6. Contributions to the Fund may not be subject to any political, economic or other condition which is incompatible with the objectives of this Convention. 7. the Parties shall endeavour to contribute voluntarily on a regular basis for the application of this Convention.
Article 19 Exchange, analysis and dissemination of information 1. The parties agree to exchange information and expertise relating to the collection of data and statistics concerning the diversity of cultural expressions, as well as the best practices for the protection and promotion of this diversity. 2. UNESCO shall facilitate, through the existing mechanisms in your Secretariat, the collection, analysis and dissemination of all information, statistics and best practices in this area. 3. In addition, UNESCO will create and maintain updated a database relating to different sectors and governmental, private and non-profit work in the area of cultural expressions. 4. In order to facilitate the collection of data, UNESCO shall pay particular attention to strengthening the capacities and expertise of the parties that submit a request for assistance in this area. 5. The collection of information provided for in this article supplements the information referred to in article 9 v. RELATIONS with OTHER INSTRUMENTS article 20 17 relationships with other instruments: mutual supportiveness, complementarity and non-subordination 1. The parties acknowledge duty to fulfill in good faith their obligations under this Convention and all other treaties to which they are signatories. Accordingly, without subordinating this Convention to any other treaty,) will encourage the mutual supportiveness between this Convention and the other treaties to which they are signatories; and b) when interpreting and applying the other treaties to which they are signatories or to take other international obligations, shall take into account the relevant provisions of this Convention. 2. Nothing in this Convention may be interpreted as changing the rights and obligations of the parties under any other treaties to which they are signatories.
Article 21 international consultation and coordination Parties undertake to promote the objectives and principles of this Convention in other international fora. To this end, the Parties shall consult, as necessary, bearing in mind these objectives and principles. 18 VI. ORGANS of the CONVENTION article 22 Conference of Parties 1. A Conference of Parties shall be established. The Conference of the parties is the plenary and supreme body of this Convention. 2. The Conference of the Parties shall meet in ordinary session every two years, whenever possible within the framework of the General Conference of UNESCO. It may meet in extraordinary session if it so decides or if at least one third of the Parties requests the Intergovernmental Committee. 3. The Conference of the Parties shall adopt your rules of procedure. 4. The functions of the Conference of Parties shall be, inter alia: a) Elect the members of the Intergovernmental Committee; b) Receive and examine reports of the parties to this Convention transmitted by the Intergovernmental Committee; c) to approve the operational guidelines prepared to your request by the Intergovernmental Committee; d) Take any other measure that it considers necessary to promote the objectives of this Convention.
Article 23 Intergovernmental Committee
1. a Committee shall be established in UNESCO intergovernmental the protection and promotion of the diversity of cultural expressions, hereinafter referred to as ' the Intergovernmental Committee ', composed of representatives of 18 States parties to this Convention, elected for four years by the Conference of the parties as soon as this Convention enters into force in accordance with article 29 2. The Intergovernmental Committee shall meet once a year. 3. The Intergovernmental Committee shall function under the authority and guidance of the Conference of the parties, who will pay your bills. 4. The number of members of the Intergovernmental Committee will be 24 when the number of parties to this Convention up to 50. 19 5. The election of the members of the Intergovernmental Committee shall be based on the principles of equitable geographical distribution and rotation. 6. Without prejudice to the other responsibilities conferred upon it by this Convention, the functions of the Intergovernmental Committee shall be the following: a) Promote the objectives of this Convention and to promote and supervise the monitoring of your application; b) Prepare and submit to the approval of the Conference of the parties, to your application, operational guidelines concerning the implementation and application of the provisions of this Convention; c) transmit to the Conference of parties reports from Parties to the Convention, together with its comments and a summary of their contents; d) make recommendations appropriate for situations that the parties submit to your consideration in accordance with the relevant provisions of this Convention, in particular article 8; and) establish procedures and other mechanisms for consultation in order to promote the objectives and principles of this Convention in other international fora; f) Perform any other task which may be requested by the Conference of the parties. 7. The Intergovernmental Committee, in accordance with your rules of procedure, may at any time invite public or private entities or individuals to participate in its meetings, to consult on specific issues. 8. The Intergovernmental Committee shall prepare and submit to the approval of the Conference of the parties to the your rules of procedure.
Article 24 UNESCO Secretariat 1. The organs of the Convention shall be assisted by the UNESCO Secretariat. 2. the Secretariat shall prepare the documentation of the Conference of the parties and the Intergovernmental Committee, as well as the draft agenda of their meetings, assist in the implementation of its decisions and report on such application. 20 VII. FINAL PROVISIONS article 25 settlement of disputes 1. In the event of a dispute between parties to this Convention concerning the interpretation or application of the same, the Parties shall endeavour to reach a solution by negotiation. 2. If the parties concerned cannot reach agreement by negotiation, they may jointly request the good offices or mediation by a third party. 3. In the absence of good offices or mediation, or if the dispute could not be resolved by negotiation, good offices or mediation, a party may have recourse to conciliation in accordance with the procedure set out in the annex to this Convention. The Parties shall consider in good faith the proposal for resolution of the dispute by the Conciliation Committee. 4. At the time of ratification, acceptance, approval or accession, each party may declare that it does not recognize the conciliation procedure behind schedule. Any party which has declared that it does not recognize the procedure may, at any time, withdraw this Declaration by notification addressed to the Director-General of UNESCO.
Article 26 ratification, acceptance, approval or accession by Member States 1. This Convention is subject to 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.
21 Article 27 Accession
1. this Convention shall be open for accession by any non-Member State of UNESCO is a member of the United Nations or of one of its specialized agencies and has been invited by the General Conference of the Organization to accede to this Convention. 2. This Convention shall also be open for accession of the territories which enjoy full internal self-government recognized as such by the United Nations, but not full independence in accordance with resolution 1514 (XV) of the General Assembly, and which have competence in the matters dealt with by this Convention, including the competence to enter into treaties on such matters. 3. The following provisions shall apply to regional economic integration organizations:) this Convention is open for accession by any regional economic integration organization, subject to the provisions of following, is fully bound by the provisions of this Convention in a manner identical to that of the States parties. b) If one or more Member States of a regional economic integration organization are parties to this Convention, such an organization and that or those Member States shall agree on their responsibilities in the fulfilment of their obligations under this Convention. This sharing of responsibility shall take effect once the notification procedure described in subparagraph (c)). The Organization and its Member States shall not be entitled to exercise at the same time the rights arising from this Convention. In addition, within the framework of your competence, regional economic integration organizations shall, to exercise your right to vote, a number of votes equal to the number of their Member States which are parties to this Convention. Such organizations shall not exercise your right to vote if their Member States exercise theirs and vice versa. c) the regional economic integration organization and its Member States have agreed a sharing of responsibilities, as foreseen in paragraph 22 (b)), shall inform the parties about sharing like this proposal, as follows: (i)) In your instrument of accession, the organization concerned shall indicate precisely the sharing of responsibilities with respect to matters governed by this Convention. II) in the event of a subsequent amendment of the respective responsibilities, the regional economic integration organization shall inform the depositary of any amendment of those responsibilities, which, for your part, will give knowledge of same to the parties. d) it is assumed that the Member States of a regional economic integration organization which become parties to this Convention will continue to be competent in all areas which have not been the subject of a transfer of competence to the Organization expressly stated or otherwise communicated to the depositary. e) ' regional economic integration organization ' an organisation constituted by sovereign States that are members of the United Nations or of one of its specialized agencies, to which those States have transferred competence in matters governed by this Convention and which has been duly authorized, in accordance with its internal procedures, to become part of the same. 4. The instrument of accession shall be deposited with the Director-General of UNESCO.
Article 28 point of contact To become party to this Convention, each Party shall designate the ' contact point ' as referred to in article 9 23 article 29 entry into force 1. This Convention shall enter into force three months after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession, but only with regard to States or regional economic integration organizations that have deposited their instruments of ratification, acceptance, approval or accession by that date or earlier. For other parties, the Convention shall enter into force three months after the deposit of its instrument of ratification, acceptance, approval or accession. 2. For the purposes of this Convention, any instrument deposited by a regional economic integration organization shall be considered as additional to the instruments deposited by Member States of the organization.
Article 30 Federal or non-unitary constitutional Regimes Recognizing that international agreements are binding upon the Parties equally, regardless of their constitutional systems, the following provisions shall apply to parties which have a federal or non-unitary constitutional arrangements: the) with regard to the provisions of this Convention, the implementation should lie with the federal or central legislative power, the obligations of the federal or central Government shall be the same as those of the parties which are not federal States. b) with regard to the provisions of this Convention, the application attaches to each of the constituent units, be they States, counties, provinces or cantons that have not, under the constitutional arrangements of the Federation, an obligation to take legislative measures, the federal Government will take, if necessary, the said provisions to the attention of the competent authorities of the constituent units, be they States , counties, provinces or cantons, accompanied by your assent to adoption.
24 Article 31 Denunciation 1. Each party may denounce this Convention. 2. The denunciation shall be notified by written instrument deposit with the Director-General of UNESCO. 3. The denunciation shall take effect twelve months after the receipt of the instrument of denunciation. Will not change at all the financial obligations which the party responsible for the complaint has to assume until the date on which the withdrawal became effective your.
Article 32 depositary functions the Director-General of UNESCO, in your capacity as depositary of this Convention, shall inform the Member States of the Organization, the non-Member States and regional economic integration organizations referred to in article 27, as well as the United Nations, of the deposit of all the instruments of ratification, acceptance, approval or accession referred to in articles 26 and 27 as well as of the denunciations provided for in article 31 article 33 Amendments
1. Any party may, by written communication addressed to the Director-General, propose amendments to this Convention. The Director-General shall communicate such notification to all other parties. If, within six months after the date of transmission of the communication, at least half of the parties take a favorable response to her request, the Director-General will present the proposal at the next session of the Conference of the parties for discussion and possible adoption. 2. amendments shall be adopted by a two-thirds majority of the Parties present and voting. 3. Once adopted, amendments to this Convention shall be subject to ratification, acceptance, approval or accession by the parties. 25 4. For parties which have ratified, accepted or approved it, or acceded thereto, 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. Thereafter, for each party that ratifies, accepts or approves a modification or accedes thereto, such amendment shall enter into force three months after the date of deposit for part of your 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 changes will take effect at the time of your adoption. 6. A State or a regional economic integration organization in the sense of article 27 which becomes a party to this Convention after the entry into force of amendments in conformity with paragraph 4 of this article and that has not expressed intention contrary will be considered: a) party to this Convention as amended; and b) party to this Convention in relation to any party not bound by the amendments.
Article 34 authentic texts this Convention has been drawn up in English, Arabic, Chinese, English, French and Russian, doing the six texts being equally authentic.
Article 35 registration 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 Conciliation Procedure article 1 Conciliation Commission at the request of one of the parties to the dispute, a Conciliation Commission shall be established. Unless you agree otherwise, the Commission shall be composed of five members, two appointed by each party concerned and a President chosen jointly by the members so appointed.
Article 2 members of the Commission in disputes involving more than two parties, who have the same interests shall designate by common agreement the members of the Commission. When two or more parties have separate interests or there is disagreement about the fact that they have the same interest, the said parties shall appoint their members separately.
Article 3 Appointment If, within two months after the date of the request to create a Conciliation Commission, the parties have not appointed all the members of that Committee, the Director-General of UNESCO, if requested by the party who has made the request, make those appointments needed a new period of two months.
Article 4 the President of the Commission If, within two months after the appointment of the last member of the Commission, the latter has not chosen your President, the Director-General shall, at the request of either Party, the designation of the Chairman within a further period of two months.
Article 5 Decisions the Conciliation Commission shall decide by a majority vote of its members. Unless the parties to the dispute decide otherwise, draw up your own procedure. The Commission shall submit a proposal for resolution of the dispute, which the Parties shall consider in good faith.
Article 6 Disagreement in the event of disagreement as to the competence of the Commission for conciliation, this will decide whether or not it is competent.