Law N ° 2006-31 August 7, 2006

Original Language Title: Loi n° 2006-31 du 7 août 2006

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Law n ° 2006-31 August 7, 2006 Act No. 2006-31 of August 7, 2006, authorising the President of the Republic to ratify the Convention on the Protection and Promotion of the diversity of Cultural Expressions, adopted on 20 October 2005 by the 33rd General Conference of the Organization of the Nation United for Education, Science and Culture (UNESCO) [|] [EXPLANATORY |]

The acceleration of the process of globalization that raises new challenges for cultural diversity, UNESCO's Member States have decided to respond by the normative way by adopting the Universal Declaration of UNESCO on cultural diversity in 2001, and its action Plan. It is in this context that Member States wished to develop a normative instrument binding on cultural diversity.
Thus, the Convention on the protection and promotion of the diversity of cultural expressions adopted on 20 October 2005 by the UNESCO on the occasion of the 33rd General Conference.
The Convention aims to give States the possibility of adopting policies and measures for the protection and promotion of the diversity of cultural expressions.

The objectives of this Convention are: to protect and promote the diversity of cultural expressions;
  to create the conditions for cultures to flourish and to freely interact to mutually beneficial;
  to encourage dialogue among cultures in order to achieve more intense and balanced cultural exchanges in the world in favour of intercultural respect and a culture of peace;
  to foster interculturality in order to develop cultural interaction in the spirit of building bridges among peoples;
  to promote respect for the diversity of cultural expressions and the awareness of its value at the local, national and international level;
  reaffirm the importance of the link between culture and development for all countries, in particular developing countries, and to encourage actions at national and international levels to ensure that recognized the true value of this link;
  to recognise the specific nature of the activities, cultural goods and services as a bearer of identity, values and meaning;
  reaffirm the sovereign right of States to maintain, adopt and implement policies and measures for the protection and promotion of the diversity of cultural expressions on their territory;
  to strengthen cooperation and international solidarity in a spirit of partnership to, inter alia, to increase the capacity of developing countries to protect and promote the diversity of cultural expressions.
In the context of the implementation of the Convention, a Conference of the Parties, which is the body plenary and supreme of this international instrument and one Intergovernmental Committee for the protection and promotion of the diversity of cultural expressions composed of representatives of 18 States Parties to the Convention, elected for four years by the Conference of the Parties to which is added is hereby established , as a third body, the UNESCO Secretariat.

The Convention devotes two fundamental issues: the recognition of the specific nature of the cultural goods and services and the sovereign right of each State to define its own cultural policy. This is erecting a principle in international law whereby culture cannot be equated to a mere object of trade due to the identity that underlies and the values that it conveys.
In addition, the Convention establishes a system of international cooperation through support for the creation and development of the cultural industries in developing countries. In this regard, it creates an "international fund for cultural diversity" which the resources consist of voluntary contributions from States, funds allocated for this purpose by the General Conference of UNESCO, payments, donations or bequests received by States and development partners, any interest due on the resources of the Fund, the product collections and receipts from events organized for the benefit of funds and all other resources authorized by the regulation of the Fund.
To avoid conflict with the world Organization of trade (WTO) agreements, the text introduces the principles of non-subordination, mutual support and complementarity with other multilateral treaties.
Any State which becomes party to this Convention, shall designate a "point of contact" for the sharing of information relating to this agreement.
The Convention enters into force three months after the date of the deposit of the thirtieth instrument of ratification, acceptance, approval or accession, but only with respect to the States or regional economic integration organizations that have deposited their respective instruments of ratification, acceptance, approval or accession. It will enter into force for any other party three months after the deposit of its instrument of ratification, acceptance, approval or accession.
Given the importance of this Convention, Senegal which contributed significantly to the development of this text, would gain an advantageous position in Africa quickly through its ratification and encourage other African countries to follow its example.
Such is the economy of the present Bill.

The National Assembly adopted in its session of Friday, July 21, 2006;

The President of the Republic enacts the law whose content follows: sole Article. -The President of the Republic is authorized to ratify the Convention on the Protection and Promotion of cultural expressions, adopted by the 33rd General Conference of the United Nations Educational, scientific and Cultural Organization (UNESCO).
This Act will be enforced as law of the State.
Made in Dakar, August 7, 2006.

Abdoulaye WADE.

By the President of the Republic Prime Minister Macky SALL.

[| [Convention on the protection and promotion of the diversity of cultural expressions 2005 |]

[| [Paris, October 20, 2005 |]

Depositary - Entry into force - authentic - States parties.
UNESDOC - (PDF) English - French - Spanish - Russian - Chinese-Arabic the General Conference of the United Nations for education, science and culture, meeting in Paris from 3 to 21 October 2005 for its 33rd session, affirming that cultural diversity is a characteristic inherent to humanity, aware that cultural diversity is a common heritage of humanity and should be celebrated and preserved for the benefit of all;

Knowing that cultural diversity creates a rich and varied world which broadens the choices, nourishes the capacity and human values, and that it is therefore a fundamental spring of the sustainable development of communities, peoples and nations;

Recalling that cultural diversity, which flourishes in a framework of democracy, tolerance, social justice and mutual respect between peoples and cultures, is indispensable for peace and security at the local, national and international levels;

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

Emphasizing the need to incorporate culture as a strategic element in national and international policies for development, as well as in international cooperation for development, also taking into account the United Nations Millennium Declaration (2000) which focuses on the eradication of poverty;

Whereas that culture takes various forms in time and space and that this diversity is embodied in the uniqueness and plurality of identities and cultural expressions of peoples and societies that make up humanity;

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

Recognizing the need to take measures to protect the diversity of cultural expressions, including their contents, especially in situations or cultural expressions may be threatened with extinction or serious alterations;
Stressing the importance of culture for social cohesion in general, and in particular its contribution to the improvement of the status and the role of women in society;

Conscious that cultural diversity is strengthened by the free flow of ideas, and it feeds exchanges constant and interaction between cultures;

Reaffirming that freedom of thought, expression and information, as well as diversity of the media, allow the development of cultural expressions 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 to share with others their ideas and values;

Recalling that linguistic diversity is a fundamental element of cultural diversity, and reaffirming the fundamental role played by education in cultural protection and promotion of the expression;


Considering the importance of the vitality of cultures for all, including for persons belonging to minorities and indigenous peoples, as manifested by their freedom to create, disseminate and distribute their traditional cultural expressions and to have access to promote their own development;

Underlining the essential role of interaction and cultural creativity, which nourish and renew cultural expressions and enhance the role of those who are involved in the development of culture for the progress of society as a whole;

Recognizing the importance of intellectual property rights to support those involved in cultural creativity;

Convinced that the activities, cultural goods and services have a dual nature, economic and cultural, because they convey identities, values and meaning, and therefore should not be treated as solely having commercial value;

Noting that the process of globalization, facilitated by the rapid evolution of information and communication technologies if they create new conditions of interaction between cultures, also represent a challenge for cultural diversity, including the risks of imbalances between rich and poor countries;

Mindful of the specific mandate of UNESCO to ensure respect for the diversity of cultures and to recommend the international agreements which it deems necessary to promote the free flow of ideas by Word and image, referring to the provisions of the international instruments adopted by UNESCO relating to cultural diversity and the exercise of cultural rights, and in particular the Universal Declaration on cultural diversity of 2001 Adopted, on 20 October 2005 the Convention.

I. objectives and guiding principles [|] [Article 1 - objectives |]

The objectives of this Convention are: a) to protect and promote the diversity of cultural expressions;

(b) to create the conditions for cultures to flourish and to freely interact to mutually beneficial;

(c) to encourage the dialogue between cultures to ensure the most intense and balanced cultural exchanges in the world in favour of intercultural respect and a culture of peace;

(d) to foster interculturality in order to develop cultural interaction in the spirit of building bridges among peoples;

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

f) to reaffirm the importance of the link between culture and development for all countries, in particular developing countries, and encourage actions at national and international levels to ensure that recognized the true value of this link;

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

(h) to reaffirm the sovereign right of States to maintain, adopt and implement policies and measures that they deem appropriate for the protection and promotion of the diversity of cultural expressions on their territory;

(i) to strengthen international cooperation and solidarity in a spirit of partnership to, inter alia, to increase the capacity of developing countries to protect and promote the diversity of cultural expressions.

[| [Article 2 – guiding principles |]

1. principle of respect for the rights of man and fundamental freedoms cultural diversity can be protected and promoted only if human rights and fundamental freedoms such as freedom of expression, information and communication, as well as the ability of individuals to choose cultural expressions, are guaranteed. No one may invoke the provisions of this Convention to undermine human rights and freedoms fundamental as enshrined in the Universal Declaration guaranteed by international law or human rights, or to limit the scope.

2. principle of sovereignty States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to adopt measures and policies to protect and promote the diversity of cultural expressions on their territory.

3. principle of the equal dignity and respect for all cultures the protection and promotion of the diversity of cultural expressions involve the recognition of the 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 international cooperation and solidarity should allow all countries, particularly developing countries, to create and strengthen the means necessary for their cultural expression, including their cultural industries, whether nascent or established, at the local, national and international levels.

5 principle of the complementarity of economic and cultural development.

Culture is 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 enjoy.

6. principle of sustainable development.

Cultural diversity is a wealth for individuals and corporations. The protection, promotion and maintenance of cultural diversity are an essential condition for a sustainable development for the benefit of present and future generations.

7 principle of equitable access.

Equitable access to a rich and diverse cultural expressions from around the world range and access of cultures to the means of expression and dissemination are important elements to highlight cultural diversity and encouraging mutual understanding.

8. principle of openness and balance.

When States adopt measures to promote the diversity of cultural expressions, they should ensure to promote, in an appropriate manner, openness to other cultures of the world and to ensure that these measures are consistent with the objectives pursued by the Convention.

II. scope [|] [Article 3 – scope |]

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

III. - Definitions [|] [Article 4 – Definitions |]

For the purposes of this Convention, it is understood that: 1. cultural diversity "Cultural diversity" refers to the multiplicity of the forms in which the cultures of groups and societies find expression. These expressions are transmitted within groups and societies and between them.
Cultural diversity manifests itself not only in various forms through which the cultural heritage of humanity is expressed, enriched and transmitted through the variety of cultural expressions but also through diverse modes of 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, artistic dimension and cultural values that originate or express cultural identities.

3 cultural expressions "Cultural Expressions" are expressions that result from the creativity of individuals, groups and societies, and that have cultural content.

4. activities, cultural goods and services "Goods cultural activities and services" refers to the activities, goods and services which, as they are considered from the point of view of their quality, their use or their specific purpose, embody or convey cultural expressions, irrespective of the commercial value they may have. Cultural activities can be an end in themselves, or contribute to the production of cultural goods and services.

5. cultural industries "Cultural Industries" refers to industries producing and distributing goods or cultural services as defined in paragraph 4 above.

6. political and cultural measures "policies and cultural measures» refers to the policies and measures relating to culture, a local, national, regional or international level that they are focused on culture as such or intended to have a direct effect on TCEs of the individuals, groups or societies, including on the creation, production, dissemination and distribution of activities cultural goods and services and on access to them.

7 protection "Protection" means the adoption of measures aimed at the preservation, safeguarding and enhancement of the diversity of cultural expressions.

8 interculturality "Interculturality" refers to the existence and equitable interaction of diverse cultures as well as the ability to generate of cultural expressions shared by dialogue and mutual respect.

IV. rights and obligations of the Parties [|] [Article 5 – general rule regarding rights and obligations |]


1. the Parties reaffirm, in accordance with the Charter of the United Nations, the principles of international law and instruments universally recognised human rights, their sovereign right to formulate and implement their cultural policies and 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. when a party implements policies and takes measures to protect and promote the diversity of cultural expressions within its territory, its policies and measures shall be compatible with the provisions of this Convention.

[| [Article 6 – rights of parties at the national level |]

1. within the framework of its political and cultural measures as described in article 4.6 and taking into account the circumstances and needs that are specific, each party may adopt measures aimed at protecting and promoting the diversity of cultural expressions on its territory.

2. such measures may include: a) regulatory measures aimed at protecting and promoting the diversity of cultural expressions;

b) measures that, in an appropriate manner, provide opportunities for the activities, cultural goods and services national, to find their place among all activities, cultural goods and services available on its territory, for what is their creation, production, dissemination, and distribution and enjoyment, including the provisions relating to the language used for such activities, goods and services;

c) measures aimed at providing domestic independent cultural industries and activities in the informal sector a genuine access to the means of production, distribution, and supply activities, goods and services cultural d) measures aimed at granting public financial aid;

(e) measures aimed at encouraging non-profit organizations, as well as the public and private institutions, artists and the other cultural professionals, to develop and promote free trade and the free flow of ideas and cultural expressions as well as these activities, cultural goods and services, and to stimulate the creation and the entrepreneurial spirit in their activities;

f) measures aimed at establishing and supporting, as appropriate, the public service institutions;

g) measures aimed at encouraging and supporting artists and all those who are involved in the creation of cultural expressions;

h) measures aimed at promoting the diversity of the media, including through public service broadcasting.

[| [Article 7 – measures to promote cultural expressions |]

(1 the Parties shall endeavour to create in their territory an environment encouraging individuals and social groups: a) to create, produce, disseminate and distribute their own cultural expressions and to have access, with due regard to the conditions and needs of women, as well as various social groups, including persons belonging to minorities and indigenous peoples;

b) to have access to diverse cultural expressions from their territory as well as other countries of the world.

2. Parties shall also endeavour to recognize the important contribution of articles and all those who are involved in the creative process, cultural communities and the organizations that support them in their working, and their central role in nurturing the diversity of cultural expressions.

[| [Article 8 – measures to protect cultural expressions |]

1. without prejudice to the provisions of articles 5 and 6, a party may diagnose the existence of special circumstances or cultural expressions on its territory are at risk of extinction, a serious threat, or require urgent safeguarding in any way.

2. Parties may take all appropriate measures to protect and preserve cultural expressions in situations referred to in paragraph 1 in accordance with the provisions of this Convention.

3. Parties shall report to the Intergovernmental Committee referred to in article 23 all measures taken to cope with the demands of the situation, and the Committee may make appropriate recommendations.

[| [Article 9 – information sharing and transparency |]

The Parties: a) provide every four years, in their reports to the nuesco appropriate 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 from the sharing of information 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 |]

The Parties: a) promote and develop the understanding of the importance of the protection and the promotion of the diversity of cultural expressions, particularly through education programmes and awareness to the public;

b) cooperate with other Parties and international and regional organizations to achieve the objective of the present 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. These measures should be applied so as to not have any negative impact on traditional forms of production.

[| Section 11. [- Civil society participation |]

The parties acknowledge the fundamental role of civil society in the protection and promotion of the diversity of cultural expressions, the Parties shall 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 endeavour to strengthen their 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 by: a) facilitate dialogue among them on cultural policy;

(b) strengthen strategic and public sector management capacities in public cultural institutions, through professional and international cultural exchanges, as well as the sharing of best practices.

(c) strengthen partnerships with civil society, non-governmental organizations and the private sector, and between these entities, to foster 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;

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

[| Article 13. [- Integration of culture in sustainable development |]

The Parties endeavour to integrate culture in their development policies at all levels, to create conditions conducive to sustainable development and, within this framework, foster aspects relating to the protection and promotion of the diversity of cultural expressions.

[| Section 14. [- Cooperation for development |]

The Parties endeavour to support cooperation for sustainable development and the reduction of poverty, particularly with the specific needs of developing countries, to promote the emergence of a dynamic cultural sector, inter alia by the following means: a) the strengthening of the cultural industries in developing countries: i) by creating and strengthening the capacity of production and cultural distribution in developing countries;

(ii) facilitating wider access of their activities, cultural goods and services to the global market and international distribution channels;

III) by allowing the emergence of local and regional markets viable;

(iv) by adopting, wherever possible, appropriate measures in developed countries to facilitate access to their territory of activities, cultural goods and services of developing countries;

v) by supporting the creative work and facilitating, to the extent possible, the mobility of artists in developing countries;

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

(b) capacity-building through the exchange of information, experience and expertise, as well as the training of human resources in the developing countries in the public and private sectors including the strategic capabilities and of management, development and implementation of policies, the promotion and distribution of cultural expressions, the development of medium, small and micro-enterprises, the use of technology as well as development and the transfer of skills;

(c) the transfer of technologies and know-how through the establishment of appropriate incentives, particularly in the field of industries and cultural enterprises;

(d) financial support by: i) the establishment of an international fund for cultural diversity as provided in article 18;

II) the granting of public aid for development, as appropriate, including technical assistance, to stimulate and support creativity;
(iii) other forms of financial assistance such as loans at low interest rates, grants and other funding mechanisms.

[| Section 15. [- Collaborative arrangements |]

The Parties shall encourage the development of partnerships between the public and private sectors and in their midst and not-for-profit organizations, in order to cooperate with developing countries to strengthen their capacity to protect and promote the diversity of cultural expressions. These innovative partnerships will focus, in response to the specific needs of developing countries, on the development of infrastructure, human resources and policies as well as on the exchange of activities, cultural goods and services.

[| Section 16. [- Preferential treatment for developing countries in |]

Developed countries shall facilitate cultural exchanges with developing countries by granting, through institutional and legal frameworks, preferential treatment to artists and other professionals and practitioners of culture, as well as their cultural goods and services.

[| Article 17. [- International cooperation in situations of threat serious against cultural expressions |]

The Parties shall cooperate to mutual assistance, ensuring in particular developing countries, in the situations referred to in article 8.

[| Section 18. [- International fund for cultural diversity |]

1. There is created an international fund for cultural diversity, hereinafter referred to as 'the Fund '.

2. the Fund shall consist in funds-in-trust in accordance with the financial regulations of UNESCO.

3. the resources of the Fund consist of: has) the voluntary contributions from the Parties;

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

(c) payments, gifts or legacies that will be for other States, organizations and programmes of the United Nations system, other regional or international organizations and public or private organizations or private persons;

(d) any interest due on the resources of the Fund;

e) proceeds from collections and receipts from events organized for the benefit of the Fund;

(f) any other resources authorized by the Fund rules.
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 referred to in article 22.

5. the Intergovernmental Committee may accept contributions and other forms of assistance for purposes General or specific relating to specific projects, provided that these projects be approved by him.

6. the contributions to the Fund may not be accompanied by any political, economic or other that is inconsistent with the objectives of this Convention.

7. the Parties endeavour to provide voluntary contributions on a regular basis for the implementation of this Convention.

[| Section 19. [- Exchange, analysis and dissemination of information |]

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

2. the UNESCO facilitates, through the mechanisms existing within the Secretariat, the collection, analysis and dissemination of all information, statistics and best practices in this area.

3. on the other hand, UNESCO provides and maintains a data bank on different sectors and governmental and private organizations and non profit, working in the field of cultural expressions.

4. to facilitate the collection of data, UNESCO pays special attention to strengthening the capacities and expertise of the Parties that form the request for assistance in this matter.

5. the collection of information defined in this article supplements the information covered by the provisions of article 9.

V. Relations with other instruments [|] [Article 20 - relationship with other instruments: mutual supportiveness, complementarity and non-subordination |]

1. the Parties recognize that they must fulfil in good faith their obligations under this Convention and all other treaties to which they are parties. Thus, without subordinating this Convention to other treaties: has) they encourage the mutual supportiveness between this Convention and the other treaties to which they are parties; and (b)) when they interpreting and applying the other treaties to which they are parties or when they subscribe to other international obligations, the Parties shall take into account the relevant provisions of this Convention.

2. nothing in this Convention may be interpreted as modifying rights and obligations of the Parties in respect of other treaties to which they are parties.

[| [Article 21 - consultation and international coordination |]

The Parties undertake to promote the objectives and principles of this Convention in other international forums. To this end, the parties shall consult, if it is necessary, bearing in mind these objectives and principles.

VI. - Bodies of the Convention [|] [Article 22 – Conference of the Parties |]

1. it is established a Conference of the Parties. The Conference of the Parties is the plenary and supreme of the Convention body.

2. the Conference of the Parties meets in ordinary session every two years, to the extent possible within the framework of the General Conference of UNESCO. It may meet in extraordinary session if it so decides or if a request is submitted to the Intergovernmental Committee by at least one third of the Parties.

3. the Conference of the Parties adopted its rules of procedure.

(4. the functions of the Conference of the Parties are, among others: a) to elect the members of the Intergovernmental Committee;

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

(c) to approve the operational guidelines prepared at its request by the Intergovernmental Committee;

(d) to take any other action it deems necessary to promote the objectives of this Convention.

[| Section 23. [- IGC |]

1. There is hereby established within UNESCO Intergovernmental Committee for the protection and promotion of the diversity of cultural expressions, hereinafter referred to as "the Intergovernmental Committee". It is composed of representatives of 18 States Parties to the 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 meets once a year.

3. the Intergovernmental Committee operates under the authority and in accordance with the guidelines of the Conference of the Parties and makes it.

4. the number of members of the Intergovernmental Committee shall be increased to 24 once the number of Parties to the Convention reaches 50.

5. the election of the members of the Intergovernmental Committee is based on the principles of equitable geographical distribution and rotation.

6. without prejudice to other powers conferred by this Convention, the functions of the Intergovernmental Committee are the following: a) promote the objectives of the Convention, encouraging and monitoring its implementation;

(b) prepare and submit to the approval of the Conference of the Parties, at its request, the operational guidelines for the implementation and enforcement of the provisions of the Convention;

c) transmit to the Conference of the Parties reports from Parties to the Convention, together with its comments and a summary of their contents;

(d) make appropriate recommendations in situations brought to its attention by the Parties to the Convention in accordance with the relevant provisions of the Convention, in particular article 8;

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

(f) perform any other tasks which may be entrusted by the Conference of the Parties.

7. the Intergovernmental Committee, in accordance with its rules of procedure, may at any time invite public or private individuals or organizations to participate in its meetings for consultation on specific issues.

8. the Intergovernmental Committee shall prepare and submit its rules of procedure to the approval of the Conference of the Parties.

[| [Article 24 - UNESCO Secretariat |]

1. 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, helps the implementation of their decisions and reported on it.

VII. - Final provisions [|] Section 25. [- Settlement of disputes |]

1. in the event of a dispute between the Parties to the Convention on the interpretation or application of the Convention, the Parties seek a solution by negotiation.

2. If the Parties concerned cannot reach agreement by negotiation, they may by mutual agreement through the good offices or ask for the mediation of a third party.


3. If it has not been good offices or mediation or if the dispute could not be settled by negotiation, good offices or mediation, a party may have recourse to conciliation in accordance with the procedure contained in the annex to this Convention. The Parties shall consider in good faith the proposal for resolution of the dispute made by the conciliation Commission.

4. each party may, at the time of ratification, acceptance, approval or accession declare that it does not recognize the above scheduled conciliation procedure. Any party having made such a declaration may, at any time, withdraw this declaration by notification 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 by 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.

[| Section 27. [- Accession |]

1. this Convention is open to accession by any State member of UNESCO but United member of the United Nations or of one of its specialized agencies, invited by the General Conference of UNESCO to accede.

2. this Convention shall also be open to accession by territories which enjoy full internal self-government, recognized as such by the United Nations, but which have not attained full independence in accordance with General Assembly resolution 1514 (XV) of the General Assembly and which have competence over the matters governed by this Convention, including the competence to enter into treaties on these matters.

3. the following provisions apply to regional economic integration organizations: a) the Convention is also open to accession by any regional economic integration organization, which, subject to the following paragraphs, is fully bound by the provisions of the Convention in the same way as States parties;

(b) where one or more States members of such an organization are also Parties to this Convention, the Organization and this or these Member States agree to their responsibility in the implementation of their obligations under this Convention. This sharing of responsibilities takes effect once completed the notification described in paragraph (c) procedure. The Organization and the Member States are not entitled to exercise rights under this Convention concurrently. In addition, in the areas within their competence, economic integration organisations have to exercise their right to vote of a number of votes equal to the number of their Member States which are Parties to this Convention. Such organizations shall not exercise their right to vote if the Member States exercise theirs and vice versa.

c) a regional economic integration organization and its State or its Member States who have agreed to a division of responsibilities as provided in subparagraph (b) shall inform the Parties of sharing proposed as follows: i) in its instrument of accession, this organization indicates precisely the sharing of responsibilities with regard to matters governed pars Convention;

(ii) in the event of subsequent modification of the respective responsibilities, the regional economic integration organization shall inform the depositary of any proposed amendment to these responsibilities; the depositary shall inform in turn the parts of this amendment;

(d) States members of a regional economic integration which veers Parties to the Convention shall be presumed to retain competence over all matters having not made the subject of a transfer of competence to the organization specifically declared or informed to the depositary;

(e) 'regional economic integration organization' means an organization constituted by sovereign States members of the United Nations or one of its specialized agencies, to which those States have transferred competence in respect of matters governed by this Convention and which has been duly authorized, according to its internal procedures, to become party.

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

[| Section 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.

[| Section 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 only with respect to the States or regional economic integration organizations that have deposited their respective instruments of ratification, acceptance, approval or accession to this date or earlier. It will enter into force for any other party three months after the deposit of its instrument of ratification, acceptance, approval or accession.

2. for the purposes of this article, any instrument deposited by a regional economic integration organisation must be regarded as coming in addition to the instruments already deposited by States members of the organization.

[| [Article 30 – Federal or non-unitary constitutional Regimes |]

Recognizing that international agreements also bind the Parties regardless of their constitutional systems, the following provisions shall apply to Parties with a federal or non-unitary constitutional system: has) with regard to the provisions of the present Convention which falls within the competence of the federal legislative power or central, 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 the Convention whose application falls within the competence of each of the constituent units such as States, counties, provinces or cantons which are not, under the constitutional system of the federation, bound to take legislative measures, the federal Government will take, if necessary, these provisions to the attention of the competent authorities of constituent units such as States counties, provinces or cantons with its favourable opinion for adoption.

[| Section 31. [- Denunciation |]

1. each party has the right to denounce this Convention.

2. the denunciation shall be notified by a written instrument deposited with the Director-general of UNESCO.

3. the denunciation shall take effect twelve months after receipt of the instrument of denunciation. It does not affect the financial obligations of the withdrawing party is held until the date on which the withdrawal takes effect.

[| Section 32. [- Functions of depositaries |]

The Director-general of UNESCO, as the depositary of this Convention, shall inform the States members of the Organization, the States not members and organizations of regional economic integration referred to in article 27, as well as the United Nations, of the deposit of all 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.

[| Section 33. [- Amendments |]

1. any party may, by written communication addressed to the Director-general, propose amendments to this Convention. The Director-general transmits this communication to all Parties. If, within six months following the date of transmission of the communication, half at least parts gives a positive response to this request, the Director-general presented this proposal to the next session of the Conference of the Parties for discussion and possible adoption.

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

3. amendments to this Convention, once adopted, are submitted to the Parties for ratification, acceptance, approval or accession.

4. for Parties which have ratified, accepted, approved or acceded, 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, approves an amendment or accedes thereto, this amendment 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 set out in paragraphs 3 and 4 shall not apply to amendments to article 23 concerning the number of members of the Intergovernmental Committee. These amendments shall enter into force at the time of their adoption.

(6. a State or an organization of regional economic integration within the meaning of article 27 which deviate party to this Convention after the entry into force of amendments in accordance with paragraph 4 of this article is lack of expressing an intention different, considered as: a) party to this Convention as amended; and (b) a party to this Convention not amended for any party which is not bound by these amendments.

Article 34 - Authentic texts this Convention is drawn up in English, Arabic, Chinese, Spanish, french and Russian, 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 |]

A conciliation board is created at the request of one of the Parties to the dispute. Unless the Parties agree otherwise, the Commission consists of five members, each party designating two and the President being chosen by common accord by the members so designated.

[| Section 2. [- Members of the commission |]

In disputes between more than two Parties, parties with the same interest shall designate their members of the commission by mutual agreement. When at least two Parties have independent interests or when they disagree on the question whether they have the same interest, they shall appoint their members separately.

[| Article 3. [- Appointment |]

If, within a period of two months after the request to create a conciliation commission, all members of the Commission have not been appointed by the Parties, the Director-general of UNESCO shall, at the request of the party who made the request for nominations necessary within a further period of two months.

[| Article 4. [- President of the commission |]

If, within a period of two months after the appointment of the last member of the Commission, it did not choose its President, the Director-general shall, at the request of a party, to the appointment of the President within a further period of two months.

[| Article 5 [- Decisions |]

The conciliation Commission takes its decisions by a majority of the votes of its members. Unless the Parties to the dispute agree otherwise, it establishes its own procedure. It makes a motion for a resolution of the dispute which the Parties shall consider in good faith.

[| [Article 6 – disagreements |]

In case of disagreement regarding the jurisdiction of the conciliation Commission, which decides whether or not it is competent.

Custodian: UNESCO entry into force: in accordance with article 29 this Convention enters into force three months after the date of the deposit of the thirtieth instrument of ratification, acceptance, approval or accession, but only with respect to the States or regional economic integration organizations that have deposited their respective instruments of ratification, acceptance, approval or accession to this date or earlier. It will enter into force for any other party three months after the deposit of its instrument of ratification, acceptance, approval or accession.
Authentic texts: English, Arabic, Chinese, Spanish, french, Russian and Spanish