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Approving The Convention On The Protection And Promotion Of The Diversity Of Cultural Expressions And Its Annex, Adopted By The 33Rd Session Of The Unesco General Conference In Paris On 20 October 2005

Original Language Title: Aprova a Convenção sobre a Protecção e a Promoção da Diversidade das Expressões Culturais e o respectivo anexo, adoptados pela 33.ª sessão da Conferência Geral da UNESCO, em Paris, em 20 de Outubro de 2005

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MOTION FOR RESOLUTION No. 45 /X

Considering that, in the framework of the growing demand for preservation of expressions

cultural people that result from the creativity of individuals, groups and societies, it is

essential to protect, promote and cherish the diversity of cultural expressions that by its

lack of support make this set of expressions particularly vulnerable;

Attending that this Convention will allow to promote international cooperation

in this field;

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following motion for a resolution:

Approving the Convention on the Protection and Promotion of Diversity of Expressions

Cultural and respective Annex, adopted by the 33 th session of the General Conference of the

UNESCO, in Paris, on October 20, 2005, whose texts, in the authentic version in language

english, as well as the respective translation for Portuguese language, if published in annex.

Seen and approved in Council of Ministers of November 23, 2006

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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CONVENTION ON THE PROTECTION AND PROMOTION OF DIVERSITY

OF CULTURAL EXPRESSIONS

The General Conference of the United Nations Educational Organization, the

Science and Culture, meeting in Paris from 3 a to October 21, 2005, at its 33 th session,

Asserting that cultural diversity is an essential feature of

Humanity,

Consent that cultural diversity constitutes a common heritage of the

Humanity that must be valued and preserved for the benefit of all,

Aware that cultural diversity generates a rich and varied world, which expands the

possibilities of choice and nourishes the skills and human values, constituting,

therefore, a key driver of the sustainable development of communities, of the

peoples and nations,

Remembering that cultural diversity, which develops in a framework of

democracy, tolerance, social justice and mutual respect between peoples and the

cultures, is indispensable to peace and security at the local, national and international level,

Praising the importance of cultural diversity for the full realization of the

human rights and fundamental freedoms proclaimed in the Universal Declaration

of Human Rights and other universally recognized instruments,

Underscoring the need to integrate culture as a strategic element

in national and international development policies, as well as in cooperation

international for development, listening equally to the Millennium Declaration

of the UN (2000) which puts emphasis on the eradication of poverty,

Considering that culture takes diverse forms in time and space and that

that diversity conforms to the originality and plurality of identities, well

as in the cultural expressions of the peoples and of the societies constituting the

Humanity,

Recognizing the importance of traditional wisdom as a source of wealth

immaterial and material, in particular the systems of knowledge of the indigenous peoples, and

your positive contribution to sustainable development, in addition to the need

of ensuring in an appropriate manner its protection and promotion,

Recognizing the need to adopt measures to protect the diversity of the

cultural expressions, including the respective contents, particularly in situations

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in which cultural expressions may be threatened with extinction or serious

adulteration,

Underscoring the importance of culture for social cohesion in general and its

specific contribution to the improvement of the status and role of women in society,

Consent that cultural diversity is enhanced by the free movement of

ideas and nutre of constant exchanges and interactions between cultures,

Reaffirming that freedom of thought, of expression and of information,

as well as the diversity of the mass media, allow for flourishing

of cultural expressions within the societies,

Recognizing that the diversity of cultural expressions, without forgetting the

traditional cultural expressions, is an important factor that allows individuals and

to the peoples to express and share their ideas and values,

Remembering that linguistic diversity is a fundamental element of the

cultural diversity and reclaiming the key role that education plays in the

protection and in the promotion of cultural expressions,

Taking into account the importance of the vitality of the cultures, including for the

people belonging to minorities and for indigenous peoples, as manifested

through the freedom to create, disseminate and distribute their cultural expressions

traditional and for them to have access in such a way as to favour their own development,

Underscoring the key role of cultural interaction and creativity, which

fosters and renewing cultural expressions, and reinforce 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 supporting the

people involved in cultural creativity,

Convict of which activities, goods and cultural services have nature

simultaneously economic and cultural, because they are carriers of identities, values and

meanings, not owing, therefore, to be treated as if they had only value

commercial,

Finding that the processes of globalization, facilitated by rapid evolution

of information and communication technologies, if, on the one hand, they create conditions

inedict of enhanced interaction between cultures, on the other, represent a challenge

for cultural diversity, specifically with regard to the risks of imbalances

between rich countries and poor countries,

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Aware of the specific mandate entrusted to UNESCO to ensure respect for the

diversity of crops and to recommend international agreements to consider useful

to facilitate the free movement of ideas through word and image,

Taking into account the provisions of the international instruments adopted by the

UNESCO on cultural diversity and the exercise of cultural rights, in particular the

Universal Declaration on Cultural Diversity of 2001,

Adopts , on October 20, 2005, the present Convention.

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I. GUIDING OBJECTIVES AND PRINCIPLES

Article 1.

Objectives

The objectives of this Convention are:

a) To protect and promote the diversity of cultural expressions;

b) Creating conditions that enable the cultures to develop and interact

freely in a mutually fruitful manner;

c) Encouraging dialogue between cultures in order to ensure exchanges

more intense and balanced cultural in the world, for the sake of respect

intercultural and a culture of peace;

d) Fostering interculturality in order to develop cultural interaction, in the

aim to build bridges between peoples;

e) To promote respect for the diversity of cultural expressions and the

awareness of their value at the local, national and international level;

f) Reaffirming the importance of links between culture and development to

all countries, in particular the developing countries, and support

the actions carried out in the national and international plans so that if

recognize the true value of such ties;

g) Recognizing the specific nature of activities, goods and cultural services

as holders of identities, values and meanings;

h) To reiterate the sovereign right of States to conserve, adopt and implement

policies and measures that they deem appropriate for protection and

promotion of the diversity of cultural expressions in its territory;

i) To strengthen international cooperation and solidarity in a spirit of

partnership, in order to, inter alia, increase the capacities of countries in

avenues of development with regard to the protection and promotion of the

diversity of cultural expressions.

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Article 2.

Guiding principles

1. Principle of respect for human rights and fundamental freedoms

Cultural diversity can only be protected and promoted if they are ensured

human rights and fundamental freedoms, such as freedom of expression, of

information and communication or the possibility for individuals to choose their

cultural expressions . No one shall be able to invoke the provisions of this Convention to

attest to the human rights and fundamental freedoms consigned to the

Universal Declaration of Human Rights or guaranteed by international law,

nor to limit the respective scope.

2. Principle of sovereignty

In accordance with the Charter of the United Nations and the principles of law

international, States have the sovereign right to adopt measures and policies that

target the protection and promotion of the diversity of cultural expressions in their

territories.

3. Principle of equal dignity and respect of all cultures

The protection and promotion of the diversity of cultural expressions imply the

recognition of the equal dignity and respect of all cultures, including those of the

people belonging to minorities and those of the autochthonous peoples.

4. Principle of solidarity and international cooperation

International cooperation and solidarity should enable all countries,

especially to the developing countries, to create and strengthen their means of

cultural expression, including its cultural, nascent or firming industries, at the level

local, national and international.

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

development

Being the culture one of the essential drivers of development, the aspects

cultural from development are as important as their economic aspects, and

individuals and peoples have the fundamental right to participate in and to them

benefit.

6. Principle of sustainable development

Cultural diversity is a great wealth for individuals and societies.

The protection, promotion and maintenance of cultural diversity constitute a

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essential condition for a sustainable development for the benefit of the generations

present and future.

7. Principle of equitable access

Equitable access to a rich and diversified range of cultural expressions

from the whole world and the access of cultures to the means of expression and

dissemination constitute important elements for valuing cultural diversity and

encourage mutual understanding.

8. Principle of openness and balance

When they adopt measures to support the diversity of cultural expressions, the

States should seek to promote, in an appropriate way, openness to other cultures of the

world and make sure that these measures are in line with the objectives

pursued by this Convention.

II. SCOPE OF APPLICATION

Article 3.

Scope of application

This Convention shall apply to the policies and measures adopted by the Parties to the

which concerns the protection and promotion of the diversity of cultural expressions.

III. DEFINITIONS

Article 4.

Definitions

For the purposes of this Convention, it shall be deemed to be:

1. Cultural diversity

"Cultural diversity" refers to the multiplicity of ways in which it is

express the cultures of groups and societies. These forms of expression

convey themselves in the countryside and between groups and societies.

Cultural diversity manifests itself not only in the different ways in which the

cultural heritage of Humanity expresses itself, enriches itself and transmits itself thanks to the

variety of cultural expressions, but also through diverse modes of creation

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artistic, production, dissemination, distribution and fruition of cultural expressions,

regardless of the means and the technologies employed.

2. Cultural content

The "cultural content" refers to the symbolic sense, the artistic dimension and the

cultural values that emanate from cultural identities or express them.

3. Cultural expressions

The "cultural expressions" refer to the expressions that result from creativity

of individuals, groups and societies and who have a cultural content.

4. Activities, goods and cultural services

The expression "activities, goods and cultural services" refers to the activities, the

goods and services which, considered from the point of view of their quality, use or

specific purpose, incarnate or transmit cultural expressions,

regardless of the commercial value they may have. Cultural activities can

constitute an end in themselves, or contribute to the production of goods and services

cultural.

5. Cultural industries

The "cultural industries" refer to the industries that produce and distribute

cultural goods or services as they are defined in the preceding paragraph 4.

6. Cultural policies and measures

The "cultural policies and measures" refer to the policies and measures concerning the

culture, at the local, national, regional or international level, to focus on culture

as such or is intended to exert a direct effect on the cultural expressions of the

individuals, groups or societies, including in the creation, production, dissemination and the

distribution of activities, goods and cultural services, as well as in access to them.

7. Protection

"Protection" means the adoption of measures to preserve, safeguard

and cherish the diversity of cultural expressions.

"Protecting" means adopting such measures.

8. Interculturality

"Interculturality" refers to the existence and equitable interaction of diverse

cultures, as well as the possibility of generating cultural expressions shared by the

dialogue and mutual respect.

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IV. RIGHTS AND OBLIGATIONS OF THE PARTIES

Article 5.

General rule on rights and obligations

1. In accordance with the Charter of the United Nations, with the principles of

international law and with the universally recognized instruments in respect of

human rights, the Parties reaffirm their sovereign right to formulate and apply the

its cultural policies, to adopt measures to protect and promote the diversity of the

cultural expressions, as well as to strengthen international cooperation in order to achieve

the objectives of this Convention.

2. The policies applied and the measures adopted by one of the Parties to

protect and promote the diversity of cultural expressions in their territory must be

compatible with this Convention.

Article 6.

Rights of Parties at the national level

1. In the framework of its cultural policies and measures, as defined in the

n Article 4 (6), and taking into account its specific circumstances and needs, the

Parties will be able to adopt measures designed to protect and promote the diversity of

cultural expressions in the respective territory.

2. These measures will be able to consist of:

a) Regulatory measures aimed at protecting and promoting the diversity of

cultural expressions;

b) Measures that, appropriately, allow for the creation, production,

dissemination, distribution and fruition of activities, goods and services

national cultural in the ensemble of activities, goods and services

cultural available in the respective territory, including measures concerning the

language used for such activities, goods and services;

c) Measures to provide for national cultural industries

independent and the activities of the informal sector an effective access to the

means of production, dissemination and distribution of activities, goods and services

cultural;

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d) Measures to provide public financial aid;

e) Measures to encourage not-for-profit organizations, so

such as public and private institutions, artists and the remaining professionals

of the culture to be developed and promote free exchange and free movement

of cultural ideas and expressions, as well as of activities, goods and services

cultural, and to stimulate the creation and entrepreneurship in their

activities;

f) Measures aimed at creating and supporting, in an appropriate way, the institutions

relevant public;

g) Measures aimed at encouraging and supporting artists and all people

involved in the creation of cultural expressions;

h) Measures to promote the diversity of the media

social, inclusive of the promotion of public service broadcasting.

Article 7.

Measures to promote cultural expressions

1. The Parties shall seek to create in their territory an environment that will encourage the

individuals and the social groups to:

a) To create, produce, disseminate and distribute their own cultural expressions and to

they have access, duly listening to the conditions and needs

specific to women, as well as from diverse social groups, including

persons belonging to minorities and autochthonous peoples;

b) Have access to the various cultural expressions from the respective

territory and the other countries of the world.

2. The Parties shall also seek to recognize the important contribution of the

artists and of all those who are involved in the creative process, das

cultural communities and the organizations that support them in their work, as well as the

its central role of nurturing the diversity of cultural expressions.

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Article 8.

Measures to protect cultural expressions

1. Without prejudice to the provisions of Articles 5 and 6, a Party shall be able to determine the

existence of special situations in which cultural expressions, in their territory,

run risk of extinction, be the subject of a serious threat or, in any way,

require an urgent safeguard measure.

2. Parties will be able to take all appropriate measures to protect the

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 thereof.

all measures taken to cope with the requirements of the situation, and the Committee may

make appropriate recommendations.

Article 9.

Sharing of information and transparency

The 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 in the respective territory and at the level

international;

b) Designate a point of contact responsible for sharing information

on this Convention;

c) Sharing and exchanging information concerning the protection and promotion of the

diversity of cultural expressions.

Article 10.

Education and public awareness

The Parties shall:

a) To propitiate and develop understanding of the importance of protection and the

promotion of the diversity of cultural expressions, specifically through

of education programmes and greater public awareness;

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b) Cooperate with the other Parties and international and regional organizations

to achieve the purpose of this Article;

c) Strive to encourage creativity and strengthen the capabilities of

production by setting up education, training and educational programmes

exchanges in the field of cultural industries, and these measures should be

applied in a manner that they do not have a negative impact on the ways of

traditional production.

Article 11.

Participation of civil society

The Parties recognize the fundamental role of civil society in the protection and the

promotion of the diversity of cultural expressions. The Parties shall foster participation

active civil society in its efforts to achieve the objectives of the present

Convention.

Article 12.

Promotion of international cooperation

The Parties shall engage in strengthening their bilateral, regional and

international in order to create conditions conducive to the promotion of diversity of the

cultural expressions, taking particular account of the situations referred to in Articles 8.

and 17, in particular with a view to:

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

b) Strengthen the strategic and managerial capacities of the public sector in the

public cultural institutions, thanks to cultural exchanges and

international professionals, as well as the sharing of best practices;

c) Strengthen partnerships with civil society, organizations do not

government and the private sector, as well as the partnerships between those entities, to

increment and promote the diversity of cultural expressions;

d) Promoting the use of new technologies and encouraging partnerships in order to

strengthen information sharing and cultural understanding and foster the

diversity of cultural expressions;

e) Encouraging the celebration of co-production and co-distribution agreements.

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Article 13.

Integration of culture in sustainable development

The Parties shall engage in integrating culture into their policies of

development, at all levels, with a view to creating conditions conducive to the

sustainable development and, in this context, privileging the aspects connected to the

protection and the promotion of the diversity of cultural expressions.

Article 14.

Cooperation for development

The Parties shall endeavour to support cooperation for development

sustainable and poverty reduction, especially with regard to needs

specific to the developing countries, with the aim of propitiating the

emergence of a dynamic cultural sector, through, among others, the following means:

a) The strengthening of the cultural industries of the countries in avenues of

development:

i) Creating and reinforcing production and distribution capacities

cultural in the developing countries;

ii) Facilitating a wider access of activities, goods and services

cultural respective to the world market and to distribution circuits

international;

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

iv) Adopting, where possible, appropriate measures in the countries

developed with a view to facilitating access to its territory of the

activities, the goods and cultural services of the countries in the ways of

development;

v) Supporting creative work and facilitating, as far as possible, the

mobility of artists from the developing countries;

vi) Fostering an appropriate collaboration between developed countries and

developing countries, specifically in the fields of

music and film;

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b) The increase in capacities through the exchange of information,

experiences and skills, as well as the training of human resources

of the developing countries in the public and private sectors, in the

that refers, inter alia, to strategic and managerial capacities, to the

elaboration and implementation of policies, the promotion and distribution of

cultural expressions, the development of small and medium-sized enterprises and

of microenterprises, the use of technologies and still development

and the transfer of competences;

c) The transfer of specific technologies and technical knowledge

through the adoption of appropriate incentives, in particular in the field of

industries and cultural enterprises;

d) The financial support by:

i) The creation of an International Fund for Cultural Diversity, of

agreement with that provided for in Article 18;

ii) The granting of public support for development, if necessary,

including technical assistance in order to stimulate and support creativity;

iii) Other forms of financial support, such as low-dues loans

of interest, subsidies and other financing mechanisms.

Article 15 . º

Modalities of collaboration

The Parties will foster the creation of partnerships between the public sector, the sector

private and non-profit organizations, as well as within the same, that

target cooperation with developing countries in the enhancement of their

abilities to protect and promote the diversity of cultural expressions. In

response to the concrete needs of the developing countries, those

innovative partnerships should put emphasis on the development of infrastructure,

of human resources and policies, as well as in the exchange of activities, goods and

cultural services.

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Article 16.

Preferential treatment for developing countries

The developed countries will facilitate cultural exchange with the countries in the tracks

of development, granting, through the institutional and legal frameworks

appropriate, preferential treatment of artists and other professionals and agents of the

culture of these countries, as well as their cultural assets and services.

Article 17.

International cooperation in situations of serious threat against expressions

cultural

In the situations mentioned in Article 8, the Parties shall cooperate in the provision of

mutual assistance, giving special attention to the developing countries.

Article 18.

International Fund for Cultural Diversity

1. An International Fund for Cultural Diversity is established, henceforth

assigned "the Fund".

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

The Financial Regulation of UNESCO.

3. The resources of the Fund will bring together:

a) Voluntary contributions of the Parties;

b) Funds allocated for the purpose by the General Conference of UNESCO;

c) Payments, donations or legacies that may be made by other States,

organizations and programs of the United Nations system, others

regional or international organizations, as well as public bodies or

private, or private;

d) Any interest accrued by the resources of the Fund;

e) Funds collected and revenue from events organised for the benefit of the Fund;

f) Any other resources authorized by the Fund Regulation.

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4. The use of the resources of the Fund shall be decided by the Committee

Intergovernmental on the basis of the guidelines of the Conference of the Parties mentioned in the

article 22 para.

5. The Intergovernmental Committee will be able to accept contributions and other forms of

support with general or specific purposes related to concrete projects, since

that such projects have received their approval.

6. Contribution to the Fund will not be able to be subject to any condition

political, economic or other that is incompatible with the objectives of the present

Convention.

7. The Parties shall engage in voluntarily contributing, on a regular basis,

for the application of this Convention.

Article 19.

Exchange, analysis and dissemination of information

1. The Parties agree to the exchange of information and

specialist knowledge relating to the collection of data and statistics relating to

diversity of cultural expressions, as well as best practices of protection and

promotion of this diversity.

2. UNESCO shall facilitate, thanks to the existing mechanisms in its Secretariat,

the collection, analysis and dissemination of all information, statistics and better

practices in the matter.

3. In addition, UNESCO will create and maintain up to date a database

concerning the different sectors and governmental organizations, private and with purposes not

lucrative that work in the realm of cultural expressions.

4. In order to facilitate the collection of data, UNESCO will pay special attention to the

enhancement of the capacities and expertise of the Parties formulating a

request for assistance in this area.

5. The collection of the information provided for in this Article complete the information

referred to in Article 9 para.

V. RELATIONS WITH OTHER INSTRUMENTS

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Article 20.

Relations with other instruments: mutual support, complementarity and not-

subordination

1. Parties acknowledge duty to fulfil good faith in their obligations arising

of this Convention and of all other treaties of which they are a signatory.

Consequently, without subordination to this Convention to the other treaties,

a) Shall foster mutual support between this Convention and the other treaties

of which they are a signatory; and

b) When interpreting and applying the other treaties of which they are a signatory or to the

assume other international obligations, will take into account the

relevant provisions of this Convention.

2. Nothing in this Convention may be interpreted as amending the

rights and obligations of the Parties arising from other treaties of which they are a signatory.

Article 21.

International concertation and coordination

The Parties undertake to promote the objectives and principles of the present

Convention in other international fora. For this purpose, the Parties shall consult each other, if

necessary, having present these objectives and principles.

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VI. BODIES OF THE CONVENTION

Article 22 . º

Conference of the Parties

1. A Conference of the Parties shall be instituted. The Conference of the Parties shall be the

plenary and supreme organ of this Convention.

2. The Conference of the Parties shall meet in ordinary session of two in two

years, where possible in the framework of the General Conference of UNESCO. You can gather-

if in an extraordinary session if so decide or if at least one third of the Parties the

apply for the Intergovernmental Committee.

3. The Conference of the Parties shall adopt its internal regulation.

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

a) Electing the 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 prepared operational guidelines, at your request, by the Committee

Intergovernmental;

d) Take any other measure you consider necessary to promote the

purposes of this Convention.

Article 23.

Intergovernmental Committee

1. An Intergovernmental Committee on Protection will be established at UNESCO

and the Promotion of the Diversity of Cultural Expressions, Henceforth designated " the Committee

Intergovernmental ", composed of representatives of 18 States Parties to the present

Convention, elected for four years by the Conference of the Parties as soon as the present

Convention shall enter into force, in accordance with Article 29.

2. The Intergovernmental Committee shall meet once a year.

3. The Intergovernmental Committee shall operate under the direct authority and the

guidelines of the Conference of the Parties, to whom it will provide accounts of its activity.

4. The number of members of the Intergovernmental Committee shall pass to 24 when the

number of Parties to this Convention ascending to 50.

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5. The election of the members of the Intergovernmental Committee should be based on the

principles of equitable geographical allocation and rotation.

6. Without prejudice to the remaining powers conferred by this Convention,

the functions of the Intergovernmental Committee shall be as follows:

a) To promote the objectives of this Convention and to foster and supervise the

monitoring of your application;

b) Prepare and submit to the approval of the Conference of the Parties, at their request,

operational guidelines relating to the implementation and implementation of the provisions of the

this Convention;

c) Convey to the Conference of the Parties the reports of the Parties to the Convention,

accompanied by their submissions and a summary of their respective

contents;

d) Formulate appropriate recommendations for situations that the Parties submit

to your assessment in accordance with the relevant provisions of the

this Convention, in particular Article 8;

e) Institute procedures and other mechanisms for consultation in order to promote

the objectives and principles of this Convention in other instances

international;

f) Perform any other task that can be requested by the Conference of the

Parts.

7. The Intergovernmental Committee, in accordance with its Regulation

internal, can, at all times, invite public or private entities or persons

singular to participate in their meetings, to consult them on specific issues.

8. The Intergovernmental Committee shall draw up and submit to the approval of the

Conference of the Parties to their Rules of Procedure.

Article 24.

Secretariat of UNESCO

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

UNESCO.

2. The Secretariat shall prepare the documentation of the Conference of the Parties and of the

The Intergovernmental Committee, as well as the draft order of its own

meetings, will co-adjuvate in the application of their decisions and will inform about such application.

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VII. FINAL PROVISIONS

Article 25.

Settlement of disputes

1. In the event of a dispute between the Parties to this Convention in respect of

interpretation or application of the same, the Parties shall seek to achieve a solution by the

track of negotiation.

2. If the Parties concerned fail to reach an agreement by negotiation,

you will be able to request from common agreement the good offices or mediation of a third Party.

3. In the absence of good offices or mediation, or if the dispute does not have

been able to be resolved by negotiation, good offices or mediation, one of the Parties may

have recourse to conciliation in accordance with the procedure set out in annex to the

this Convention. The Parties shall examine in good faith the motion for a resolution of the

deferred submitted by the Conciliation Commission.

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 that has declared it not to recognize the procedure may, to the whole

time, withdraw that statement by notification addressed to the Director-General of the

UNESCO.

Article 26.

Ratification, acceptance, approval or accession by the Member States

1. This Convention shall be subject to ratification, acceptance, approval or

accession of the Member States of UNESCO, in accordance with the respective

constitutional procedures.

2. Instruments of ratification, acceptance, approval or accession will be

deposited with the Director-General of UNESCO.

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Article 27.

Membership

1. This Convention shall be open to the accession of any non-Member State

of UNESCO that is a member of the United Nations Organization 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 to the accession of the territories which

enjoy full internal autonomy, as such recognized by the Organization of Nations

UN, but not of full independence in accordance with Resolution 1514 (XV)

of the General Assembly, and which have competence in the subjects treated by the present

Convention, including the competence to conclude treaties on such matters.

3. The following provisions shall apply to the integration organizations

regional economic:

a) This Convention will also be open to the accession of any

organization of regional economic integration which, subject to the provisions of

in the following points, it shall be fully bound by the provisions of the present

Convention in a manner identical to that of the States Parties.

b) If one or several Member States of an integration organisation

regional economic Parties are Parties to this Convention, that organization and

that or those Member States shall agree on the respective

responsibilities in the performance of their obligations arising from the

this Convention. This sharing of responsibilities will produce effects

once the notification procedure described in the letter is finished. c) . The

organization and the respective Member States will not be enabled to

to exercise concomitantly the rights arising from this Convention.

In addition, within the framework of their competence, integration organizations

regional economic disbasement, to exercise your right to vote, of a

number of votes equal to the number of the respective Member States which

shall be Parties to this Convention. These organisations will not exercise their

right to vote if the respective Member States exercise theirs and vice-

versa.

c) The organization of regional economic integration and the or its states-

members who have agreed on a sharing of responsibilities, such as

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provided for in paragraph b) , they will inform the Parties about the sharing thus proposed, of the

following way:

i) In its instrument of accession, the organisation in question shall indicate in a way

need the sharing of responsibilities with regard to the issues

governed by this Convention.

ii) In the eventuality of a subsequent change in responsibilities

respective, the regional economic integration organization will inform the

depositary of any and any proposal to amend the said

responsibilities, which, for their part, will give knowledge of the same to

Parts.

d) It is presumed that the Member States of an integration organisation

regional economic which become Parties to this Convention

will continue to be competent in all areas that have not been

object of a transfer of competence to the organization

expressly stated or communicated to the depositary.

e) It is understood by "organization of regional economic integration" a

organization consisting of sovereign states that are members of the

Organization of the United Nations or of one of its specialized agencies,

for which those States have transferred their respective competences in

domains governed by this Convention and which has been duly

authorized, according to its internal procedures, to become Part of the

same.

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

UNESCO.

Article 28.

Point of contact

By becoming Party to this Convention, each Party shall designate the " point of

contact " referred to in Article 9.

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Article 29.

Entry into force

1. This Convention shall enter into force three months after the date of the deposit of the

thirtieth instrument of ratification, acceptance, approval or accession, but solely

with regard to the states or regional economic integration organizations that

have deposited the respective instruments of ratification, acceptance, approval or

membership on that date or previously. For the remaining Parties, the Convention will enter into

vigour three months after the deposit of the respective instrument of ratification, acceptance,

approval or accession.

2. For the purposes of this Convention, no instrument deposited by a

organization of regional economic integration should be considered as additional

to the instruments already deposited by Member States of the organization.

Article 30.

Federal or non-unitary constitutional regimes

Recognizing that international agreements bind the Parties of equal

mode, regardless of the respective constitutional systems, the provisions that

whether they follow will apply to Parties that have a federal constitutional regime or not

unitary:

a) With regard to the provisions of this Convention whose application

defaults to the federal or central legislative power, the government's obligations

federal or central shall be the same as those of Parties that are not States

federal.

b) With regard to the provisions of this Convention whose application

defaults to each of the constituent units, be they States,

counties, provinces or cantons, which have not, by force of the regime

constitutional of the federation, the obligation to take legislative measures, the

federal government will take, if necessary, the so-called provisions to the knowledge

of the competent authorities of the constituent units, be they States,

counties, provinces or cantons, accompanied by their assent

for adoption.

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Article 31.

Denunciation

1. Each Party shall be able to denounce the present Convention.

2. The complaint shall be notified upon deposit of an instrument written with the

Director-General of UNESCO.

3. The denunciation shall take effect twelve months after the receipt of the instrument of

denunciation. It will not change in any way the financial obligations that the Party responsible for

denunciation shall have to take up until the date on which its withdrawal becomes effective.

Article 32.

Functions of the depositary

The Director-General of UNESCO, in its capacity as the depositary of the present

Convention, shall inform the Member States of the Organization, the non-members States and

the regional economic integration organizations referred to in Article 27, as well as the

Organization of the United Nations, of the deposit of all instruments of ratification,

acceptance, approval or accession mentioned in Articles 26 and 27, as well as of the

complaints provided for in Article 31.

Article 33.

Changes

1. Any Party may, by written communication addressed to the Director-

General, propose amendments to this Convention. The Director General shall transmit that

communication to all the remaining Parties. If, within a period of six months after the date of

transmission of communication, a minimum of half of the Parties der an answer

favourable to the solicitation of it arising, the Director General shall submit the proposal

presented at the next session of the Conference of the Parties for discussion and eventual

adoption.

2. Changes shall be adopted by a majority of two-thirds of the Parties present

and voting.

3. Once adopted, amendments to this Convention shall be subject to

of ratification, acceptance, approval or accession by the Parties.

25

4. For Parties that have ratified them, accepted or approved, or that to them

have 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

Parts. From that time, for each Party that ratifies, accepts or approves a

change or to it adira, such amendment shall enter into force three months after the date of deposit

by the Party of its instrument of ratification, acceptance, approval or accession.

5. The procedure laid down in the n. the

3 and 4 does not apply to changes

introduced in Article 23 regarding the number of members of the Committee

Intergovernmental. Such changes will enter into force at the time of their adoption.

6. A State or a regional economic integration organization in the sense

of Article 27 that becomes Party to this Convention after the entry into force of

changes in accordance with paragraph 4 of this article and which has not manifested

contrarian intention will be considered:

a) Part of this Convention thus amended; and

b) Part in this Convention not amended in relation to any Party which

is not bound by the said amendments.

Article 34.

Texts that make faith

This Convention has been drawn up in English, Arabic, Chinese, Spanish, French

and Russian, making the six texts equally authentic.

Article 35.

Registration

In accordance with Article 102 of the Charter of the United Nations, this Convention

shall be registered in the Secretariat of the United Nations at the request of the Director-

General of UNESCO.

ANNEX

Procedure of Conciliation

Article 1.

Commission of Conciliation

At the request of one of the Parties to the dispute, a Commission shall be set up

Conciliation. Unless acorders differently, the Commission shall be composed of

five members, two of them designated by each of the interested parties and a

chosen president of common agreement by the members thus assigned.

Article 2.

Members of the Commission

In the disputes involving more than two Parties, those with the same

interests should designate from common agreement its members of the Commission. When

two or more Parties have distinct interests or there is disagreement over the fact that

have or not the same interest, the said Parties shall designate their members

separately.

Article 3.

Appointment

If, within two months after the date of the application for the creation of a Commission

of Conciliation, the Parties have not designated all the members of that Commission, the

Director-General of UNESCO, should it be requested by the Party that has formulated the

request, will make the necessary appointments in a new two-month period.

Article 4.

President of the Commission

If, within two months after the appointment of the last of the members of the

Committee, this has not chosen its Chairman, the Managing Director shall, the

request from one of the Party, to the designation of the President in a new two-month period.

Article 5.

Decisions

The Conciliation Commission shall act by a majority of votes of its members.

Unless the Parties to the dispute decide otherwise, they shall establish their own

procedure. The Commission shall submit a motion for a resolution of the dispute that the

Parties will examine in good faith.

Article 6.

Disagreements

In the event of a disagreement as to the competence of the Conciliation Commission, this

will decide whether or not it is competent.