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Law N ° 2006-31 August 7, 2006

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

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Act No. 2006-31 of 7 August 2006

Act No. 2006-31 of 7 August 2006 authorizing 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 United Nations Educational, Scientific and Cultural Organization (UNESCO)

[|LAYS OUT PATTERNS |]

The acceleration of the process of globalization has brought new challenges to cultural diversity, and the member states of UNESCO decided to respond in a normative way by adopting the UNESCO Universal Declaration in 2001. Cultural diversity and its Action Plan. It was in this context that the Member States wished to draw up a binding normative instrument on cultural diversity.
For example, the Convention on the Protection and Promotion of the Diversity of Cultural Expressions was adopted on 20 October 2005 by UNESCO at its 33rd General Conference.
The Convention aims to give States the opportunity to adopt policies and measures to ensure 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;
- Create the conditions for cultures to flourish and interact freely so as to enrich one another;
- Encourage dialogue between cultures in order to create more intense and balanced cultural exchanges in the world in favour of intercultural respect and a culture of peace;
- Stimulate interculturality in order to develop cultural interaction in the spirit of building bridges between peoples;
- Promote respect for the diversity of cultural expressions and the awareness of its value at local, national and international levels;
- To reaffirm the importance of the link between culture and development for all countries, in particular developing countries, and to encourage national and international action to ensure that the true value of this link is recognized;
- Recognize the specific nature of activities, assets
And cultural services as a bearer of identity, values
And meaning;
- Reaffirm the sovereign right of States to conserve, adopt and implement appropriate policies and measures for the protection and promotion of the diversity of cultural expressions in their territories;
- To strengthen international cooperation and solidarity in a spirit of partnership, in particular to enhance the capacity of developing countries to protect and promote the diversity of cultural expressions.
Within the framework of the implementation of the Convention, a Conference of the Parties is hereby established which is the plenary and supreme body of this international instrument and an 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 plus, as the third body, the UNESCO Secretariat.

The Convention sets out two fundamental issues:

The recognition of the specific nature of cultural goods and services and the sovereign right of each State to define its own cultural policy. It is a matter of establishing a principle in international law that culture cannot be equated with a mere object of commerce because of the identity that underlies it and the values it conves.
In addition, the Convention establishes a mechanism for international cooperation through support for the creation and development of the cultural industries of developing countries. On this subject, it is created a " International Fund for Cultural Diversity " Whose resources are constituted by the voluntary contributions of States, the funds allocated for that purpose by the General Conference of UNESCO, payments, gifts or bequests received by States and development partners, any interest due On the resources of the Fund, the proceeds of the collections and the proceeds of events organized for the benefit of the Fund and any other resources authorized by the Fund's settlement.
In order to avoid conflict with the World Trade Organization (WTO) Agreements, the text introduces the principles of non-subordination, mutual support and complementarity with other multilateral treaties.
Any State which becomes a Party to this Convention shall designate a " Point of contact " Responsible for the sharing of information related to this Agreement.
The Convention shall enter into force three months after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession, but only with regard to the States or regional economic integration organizations which have Deposited their respective instruments of ratification, acceptance, approval or accession. It shall enter into force for any other Party three months after the deposit of its instrument of ratification, acceptance, approval or accession.
In view of the importance of this Convention, Senegal, which has made a significant contribution to the development of this text, would gain an advantageous position in Africa by early ratification and by encouraging other African countries to follow His example.
This is the economy of this bill.

The National Assembly adopted, at its meeting on Friday, 21 July 2006;

The President of the Republic enacts the following legislation:

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 Law shall be enforced as the law of the State.

Done at Dakar, 7 August 2006.
Abdoulaye WADE.
By the President of the Republic
The Prime Minister,
Macky SALL.

[| Convention on the Protection and Promotion of the Diversity of Cultural Expressions 2005 |]

[| Paris, 20 October 2005 |]

Depositary-Entry into Force-Texts making
Faith-States parties.
UNESDOC - (PDF) English-French-Spanish-Russian-Chinese-Arabic
The General Conference of the Organization of
United Nations Educational,
Science and culture, meeting in Paris from 3 to 21 October 2005 for its 33rd session,

Affirming that cultural diversity is a
Inherent in humanity,

Recognizing that cultural diversity is a common heritage of humanity and that it should be celebrated and preserved for the benefit of all;

Recognizing that cultural diversity creates a rich and diverse world that broadens the choices available,
Nourts human capacity and values, and is therefore a fundamental responsibility for the sustainable development of communities, peoples and nations;

Recalling that cultural diversity, which flourishes within a framework of democracy, tolerance, social justice and mutual respect between peoples and cultures, is essential to peace and security at the local, national and national levels, and International;

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

Emphasizing the need to integrate culture as a strategic element in national policies
International development cooperation and international development cooperation,
Also taking into account the United Nations Millennium Declaration (2000), which emphasizes the eradication of poverty;

Considering that culture takes various forms in time and space, and that this diversity is embodied in the originality and plurality of identities, as well as in the cultural expressions of the peoples and societies that constitute 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 for adequate protection and promotion;

Recognizing the need to take measures to protect the diversity of cultural expressions, including their contents, particularly in situations or cultural expressions, may be threatened with extinction or serious Alterations;
Emphasizing the importance of culture to the
Social cohesion in general, and in particular its contribution to improving the status and role of women in society;

Aware that cultural diversity is reinforced by the free movement of ideas, and that it feeds on constant exchange and interaction between
Cultures;

Reaffirming that freedom of thought, expression and information, as well as the diversity of the media, enable the development of cultural expressions within societies;

Recognizing that the diversity of cultural expressions, including cultural expressions
Traditional, is an important factor in allowing individuals and peoples to express and share with others their ideas and values;

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

Considering the importance of the vitality of cultures for all, including persons belonging to minorities and indigenous peoples, as manifested by their freedom to create, disseminate and distribute their expressions And access to traditional cultural resources in a way that promotes their own development;

Emphasizing the essential role of cultural interaction and creativity, which nurture and renew cultural expressions, and strengthen the role of those involved in the development of culture for the advancement of society in its Together;

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

Convinced that cultural activities, goods and services have a dual nature, economic and cultural, because they carry identities, values and meaning, and therefore should not be treated as exclusively of value Commercial;

Recognizing that the processes of globalization, facilitated by the rapid evolution of information and communication technologies, if they create the new conditions for enhanced interaction between cultures, also represent a challenge for Cultural diversity, particularly with regard to the risks of imbalances between rich and poor countries;

Aware of the specific mandate given to UNESCO to ensure respect for the diversity of cultures and to recommend international agreements that it considers relevant in facilitating the free flow of ideas through the word and the image,

Referring to provisions of the instruments
Adopted by UNESCO relating to cultural diversity and the exercise of cultural rights, in particular the Universal Declaration on Cultural Diversity of 2001,

Adopts this Convention on 20 October 2005.

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 interact freely so as to enrich one another;

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

(d) to stimulate interculturality in order to develop cultural interaction in the spirit of building
Bridges between peoples;

(e) promote respect for the diversity of cultural expressions and the awareness of its value at 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 to encourage national and international action to ensure that the true value of this link is recognized ;

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

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

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

[| Article 2-Guiding principles
|]

Principle of respect for human rights and fundamental freedoms

Cultural diversity can only be protected and promoted if human rights and fundamental freedoms such as freedom of expression,
Information and communication, as well as
Opportunities for individuals to choose cultural expressions are guaranteed. No one shall invoke the provisions of this Convention for the violation of human rights and fundamental freedoms as enshrined in the Universal Declaration of Human Rights or guaranteed by international law, 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 in their territory.

3. Principle of equal dignity and respect for all cultures

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

Principle of international solidarity and cooperation

International cooperation and solidarity should enable all countries, particularly developing countries, to create and strengthen resources
Necessary for their cultural expression, including their cultural industries, whether they are born or established, at local, national and international levels.

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

As culture is one of the fundamental springs of development, the cultural aspects of development are as important as its economic aspects, and individuals and peoples have the fundamental right to participate and enjoy it.

6. Sustainable Development Principle.

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

7. Principle of equitable access.

Equitable access to a rich and diverse range of cultural expressions from all over the world and the access of cultures to the means of expression and dissemination are important elements in enhancing cultural diversity and Encourage mutual understanding.

8. Principle of openness and balance.

When States adopt measures to promote the diversity of cultural expressions, they should ensure the appropriate promotion of openness to other cultures of the world and ensure that these measures are consistent with the objectives Of the present Convention.

II. Scope of application

[| Article 3-Scope of application
|]

This Convention shall apply to 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 forms by which the cultures of groups and societies find expression. These expressions are transmitted within and between groups and societies.
Cultural diversity is manifested not only in the various forms through which the
The cultural heritage of humanity is expressed, enriched and transmitted through the variety of cultural expressions, but also through various forms of artistic creation, production, dissemination, distribution and enjoyment of expressions Cultural, regardless of the means and the 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. Cultural activities, goods and services

" Cultural Property and Services " Refers to activities, goods and services which, when considered from the point of view of their specific quality, use or purpose, embody or transmit cultural expressions, irrespective of the commercial value That they may have. Cultural activities may be an end in themselves, or may contribute to the production of cultural goods and services.

5. Cultural industries

" Cultural Industries " Refers to industries
Producing and distributing cultural goods or services as defined in paragraph 4 above.

6. Cultural Policies and Measures

" Cultural Policies and Measures " Returns to
Policies and measures relating to culture, at a local, national, regional or international level, whether focused on culture as such, or intended to have a direct effect on the cultural expressions of individuals, groups or Companies, including the creation, production, dissemination and distribution of, and access to, cultural activities, goods and services.

7. Protection

" Protection " Means the adoption of measures to preserve, preserve and enhance the diversity of cultural expressions.

8. Interculturality

" Interculturality " Refers to existence and
The equitable interaction of diverse cultures as well as the opportunity to generate cultural expressions through dialogue and mutual respect.

IV. Rights and obligations of the Parties

[| Article 5-General rule concerning
Rights and obligations
|]

The Parties reaffirm, in accordance with the Charter of the United Nations, the principles of international law and the universally recognized human rights instruments, their sovereign right to formulate and implement their 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. Where a Party implements policies and measures to protect and promote the diversity of cultural expressions in its territory, its policies and measures shall be consistent with the provisions of this Convention.

[| Article 6-Rights of the parties
At the national level
|]

1. Within the framework of its cultural policies and measures as described in Article 4.6 and taking into account the circumstances and needs of its own, each Party may adopt measures to protect and promote the diversity of the Cultural expressions within its territory.

2. These measures may include:

(a) regulatory measures to protect and promote the diversity of cultural expressions;

(b) measures that, in an appropriate manner,
Provide opportunities for national cultural activities, goods and services, to find their place among
All the cultural activities, goods and services available on its territory, in respect of their creation, production, distribution and distribution and enjoyment, including the provisions relating to the language used for the said Activities, goods and services;

(c) measures aimed at providing independent national cultural industries and the activities of the informal sector with genuine access to the means of production, dissemination and distribution of cultural activities, goods and services

(d) measures to grant public financial aid;

(e) measures to encourage non-profit organizations, as well as public and private institutions, artists and other cultural professionals, to develop and promote free trade and the free movement of Cultural ideas and expressions and cultural activities, goods and services, and to stimulate the creation and entrepreneurship of their activities;

(f) measures to establish and support, in an appropriate manner, public service institutions;

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

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

[| Article 7-Measures to promote
Cultural expressions
|]

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

(a) to create, produce, disseminate and distribute their own cultural expressions and to have access to them, taking due account of the particular conditions and needs of women, as well as of various social groups, including persons belonging to the Minorities and indigenous peoples;

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

2. The Parties shall also endeavour to acknowledge the important contribution of the articles and of all those involved in the creative process, the cultural communities and the organizations that support them in their work, as well as Their central role in nurturing the diversity of cultural expressions.

[| Article 8-Measures to protect
Cultural expressions
|]

Without prejudice to the provisions of Articles 5 and 6, a Party may diagnose the existence of special situations or cultural expressions on its
Territory, are subject to a risk of extinction, to a serious threat, or in any way require an urgent safeguard.

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

The Parties shall report to the Intergovernmental Committee referred to in Article 23 on all measures taken to address the requirements of the situation, and the Committee may make appropriate recommendations.

[| Article 9-Information sharing
And transparency
|]

The Parties shall:

(a) provide relevant information on measures taken to protect and promote the diversity of cultural expressions on their territory and at the international level every four years in their reports to the Nuesco;

(b) designate a point of contact for the sharing of information relating to this Convention;

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

[| Article 10-Education and awareness
Of the public
|]

The Parties shall:

(a) promote and develop an understanding of the importance of the protection and promotion of the diversity of cultural expressions, including through increased public awareness and education;

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

(c) promote creativity and strengthen productive capacity through the provision of education, training and exchange programmes in the field of cultural industries. These measures should be applied in such a way that they do not have a negative impact on traditional forms of production.

[| Article 11. -Civil society participation |]

The Parties recognize the fundamental role of civil society in the protection and promotion of the diversity of cultural expressions, the Parties encourage the active participation of civil society in their efforts to achieve the Objectives of this Convention.

[| Article 12-Promotion of cooperation
International
|]

The Parties shall strengthen their bilateral, regional and international cooperation in order to create conditions conducive to the promotion of the diversity of cultural expression, taking particular account of the situations mentioned in the Articles 8 and 17, in particular with regard to:

(a) facilitate dialogue between them on cultural policy;

(b) strengthening strategic and public sector management capacities in cultural institutions
Public, through professional and international cultural exchanges, and the sharing of the best
Practices;

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

(d) promote the use of new technologies and encourage partnerships to strengthen information-sharing and cultural understanding, and to foster 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 shall endeavour to integrate culture into their development policies at all levels with a view to creating conditions conducive to sustainable development and, in this context, to promote the protection and promotion aspects The diversity of cultural expressions.

[| Article 14. -Development cooperation |]

The Parties are committed to supporting cooperation for sustainable development and poverty reduction, particularly with regard to the specific needs of developing countries, with a view to fostering the emergence of a cultural sector And, inter alia, by:

(a) Strengthening the cultural industries of developing countries:

(i) by creating and strengthening the capacity of
Cultural production and distribution in developing countries;

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

(iii) enabling the emergence of viable local and regional markets;

(iv) adopting, whenever possible,
Appropriate measures in developed countries to facilitate access to their territories for the cultural activities, goods and services of developing countries;

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

(vi) encouraging appropriate collaboration between developed 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 developing countries in the public and private sectors, including strategic capabilities and The 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 and development and Transfer of skills;

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

(d) financial support by:
(i) the establishment of an International Fund for Cultural Diversity, as provided for in article 18;
(ii) the provision of official development assistance, as appropriate, including technical assistance to stimulate and support creativity;
Iii) other forms of financial assistance such as low interest loans, grants and other funding mechanisms.

[| Article 15. -Collaborative arrangements |]

Parties shall encourage the development of
Partnerships, between the public and private sectors and
Non-profit organizations and within them, in order to cooperate with developing countries in strengthening their capacity to protect and promote
Diversity of cultural expressions. These innovative partnerships will focus, in response to the concrete needs of developing countries, on the development of infrastructure, human resources and policies, and on the exchange of activities, goods and services Cultural.

[| Article 16. -Preferential treatment for developing countries |]

Developed countries facilitate cultural exchanges with developing countries by providing, through appropriate institutional and legal frameworks, preferential treatment to their artists and other professionals and practitioners Culture, and their cultural goods and services.

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

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

[| Article 18. -International Fund for Cultural Diversity |]

1. An International Fund for Cultural Diversity, hereinafter referred to as " The Fund."

The Fund shall be made up of funds-in-deposit in accordance with the Financial Regulations of UNESCO.

3. The resources of the Fund shall consist of:

(a) voluntary contributions by the Parties;

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

(c) payments, gifts or bequests that may be made by other States, organizations and programmes of the United Nations system, other organizations
Regional or international organizations and public or private organizations or private persons;

(d) any interest in the resources of the Fund;

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

(f) any other resources authorized by the
Settlement of the Fund.
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.

The Intergovernmental Committee may accept contributions and other forms of assistance to
General or specific purposes relating to specific projects, provided that such projects are approved by the Minister.

6. Contributions to the Fund shall not be subject to any political, economic or other conditions which are incompatible with the objectives of this Convention.

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

[| Article 19. -Exchange, analysis and dissemination
Information |]

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

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

3. In addition, UNESCO constitutes and maintains a database of data concerning the various governmental, private and non-profit sectors and bodies working in the field of cultural expressions.

4. In order to facilitate data collection, UNESCO pays particular attention to the capacity-building and expertise of the Parties that form the request for assistance in this area.

5. The collection of the information set out in this Article shall complement the information covered by the provisions of Article 9.

Relations with other instruments

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

The Parties acknowledge that they shall fulfil in good faith their obligations under this Convention and all other treaties to which they are parties. Thus, without making this Convention subordinate to other treaties:

(a) encourage mutual support between the Convention and the other treaties to which they are parties; and

(b) when 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.

Nothing in this Convention shall be construed as modifying the rights and obligations of the Parties under other treaties to which they are parties.

[| Article 21-International Coordination and Coordination |]

The Parties undertake to promote the objectives and principles of this Convention in other international fora. To this end, the Parties shall consult each other, as appropriate, bearing in mind these objectives and principles.

VI. -Convention bodies

[| Article 22-Conference of the Parties |]

1. A Conference of the Parties shall be established. The Conference of the Parties shall be the plenary and supreme body of this Convention.

2. The Conference of the Parties shall meet 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 an application is addressed to the Intergovernmental Committee by at least one third of the Parties.

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

The functions of the Conference of the Parties shall include, inter alia:

(a) to elect the members of the Intergovernmental Committee;

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

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

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

[| Article 23. -Intergovernmental Committee |]

It is hereby established with UNESCO an Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions, hereinafter referred to as " The Intergovernmental Committee." It shall be 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.

The Intergovernmental Committee shall meet once a year.

3. The Intergovernmental Committee shall operate under the authority and in accordance with the
Conference of the Parties and reports to it.

4. The number of members of the Intergovernmental Committee will be increased to 24 as the number of Parties to the Convention reaches 50.

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

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

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

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

(c) transmit to the Conference of the Parties the reports of the Parties to the Convention, together with its observations 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 consultation mechanisms to promote objectives and
Principles of this Convention in other international fora;

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

The Intergovernmental Committee, in accordance with its rules of procedure, may at any time invite public or private bodies or natural persons to participate in its meetings with a view to consulting them on specific matters.

The Intergovernmental Committee shall establish and submit its Rules of Procedure for the approval of the
Conference of the Parties.

[| Article 24-UNESCO Secretariat |]

The organs of the Convention are assisted by the UNESCO Secretariat.

2. The Secretariat shall prepare the documentation of the Conference of the Parties and of the Intergovernmental Committee and the draft agenda of their meetings, assist in the implementation of their decisions and report on it.

VII. -Final provisions

[| Article 25. -Dispute Settlement |]

In the event of a dispute between the Parties to this Convention on the interpretation or application of the Convention, the Parties shall seek a solution by negotiation.

2. If the Parties concerned cannot reach agreement through negotiation, they may resort to a common agreement to the good offices or to seek mediation by a third party.

3. If there have been no good offices or mediation or if the dispute has not been settled by negotiation, good offices or mediation, a Party may resort to conciliation in accordance with the procedure set out in the Annex to this Convention. The Parties shall consider in good faith the proposal for a resolution of the dispute of the Conciliation Commission.

4. Each Party may, at the time of ratification, acceptance, approval or accession, declare that it does not recognise the conciliation procedure provided for above. 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 shall be subject to ratification, acceptance, approval or accession by the member States of UNESCO, in accordance with their respective constitutional procedures.

2. Instruments of ratification, acceptance, approval or accession shall be deposited with the Director-General of UNESCO.

[| Article 27. -Membership |]

(1) This Convention shall be open for accession by any Member State of UNESCO but a member of the United Nations or of one of its specialized agencies, invited to accede to it by the General Conference of the Organization.

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

The following provisions shall apply to regional economic integration organisations:

(a) this Convention is also open to the accession of 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 the States Parties;

(b) where one or more member States of such an organization are also Parties to the present
The Convention, this Organization and these Member States agree on their responsibility for the fulfilment of their obligations under this Convention. This division of responsibilities shall take effect upon completion of the notification procedure described in paragraph (c). Organization and Member States are not
To exercise rights under this Convention concurrently. In addition, in the fields
Within their competence, economic integration organisations shall have the power to exercise their right to vote by a number of votes equal to the number of their Member States which are Parties to this Convention. Such organisations 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 that have agreed to share responsibilities as provided for in paragraph (b) shall inform the Parties of the sharing thus proposed as follows:

(i) in its instrument of accession, this organisation shall specify in a precise manner the division of responsibilities with regard to the matters governed by the Convention;

(ii) in the event of a subsequent change in the respective responsibilities, the regional economic integration organization shall inform the depositary of any proposed changes to these responsibilities; the depositary shall in turn inform the Parties of the This amendment;

(d) States members of a regional economic integration organization that devil from the Convention are presumed to remain competent for all areas not covered by a transfer of competence to the organization expressly Declared or reported to the depositary;

(e) " Regional economic integration organization " An organization constituted by sovereign States members of the United Nations or of one of its specialized agencies, to which those States have transferred their competence in matters governed by this Convention and which has Duly authorized, in accordance with its internal procedures, to become a Party.

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

[| Article 28. -Point of Contact |]

When it becomes a Party to this Convention, each Party shall designate the point of contact referred to in
Article 9.

[| Article 29. -Entry into force |]

1. This Convention shall enter into force
Three months after the date of the deposit of the 30th
Instrument of ratification, acceptance, approval or accession, but only with regard to States or regional economic integration organizations which have deposited their respective instruments of ratification, acceptance, Of approval or accession on or before that date. It shall 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, none of the instruments deposited by a regional economic integration organization shall be considered to be in addition to the instruments already deposited by the Member States of that organisation.

[| Article 30-Federal or non-unitary constitutional systems |]

Recognizing that international agreements also bind the Parties independently of their
Constitutional systems, the following provisions
Apply to Parties with a federal or non-unitary constitutional system:

(a) in respect of the provisions of this Convention whose application falls within the competence of the federal or central legislative authority, the obligations of the
Federal or central government will be the same as those of non-federal states;

(b) in respect of the provisions of this Convention, the application of which falls within the competence of each of the constituent units, such as States, counties, provinces or cantons, which are not, under the constitutional regime of Federation, which is obliged to take legislative measures, the federal government will, if necessary, make such provisions to the competent authorities of the constituent units such as states, counties, provinces or cantons with its opinion Favourable for adoption.

[| Article 31. -Denunciation |]

1. Each Party shall have the right to denounce this Convention.

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

3. Denunciation shall take effect twelve months after receipt of the instrument of denunciation. It shall not in any way affect the financial obligations of the whistleblower party until the date on which the withdrawal takes effect.

[| Article 32. -Depositary functions |]

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

[| Article 33. -Amendments |]

1. Any Party may, by written communication addressed to the Director General, propose amendments to this Convention. The Director General shall transmit this communication to all Parties. If, within six months after the date of transmission of the communication, at least half of the Parties shall give a favourable response to that request, the Director General shall submit this proposal to the next session of the Conference of Parties for discussion and possible adoption.

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

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

4. For Parties that have ratified, accepted, approved or acceded to this Convention, the amendments to this Convention shall enter into force three months after the deposit of the instruments referred to in paragraph 3 of this Article by two-thirds of the Parties. Thereafter, for each Party ratifying, accepting, approving or acceding to an amendment, this 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 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 come into force at the time of their adoption.

6. A State or an organisation of regional economic integration within the meaning of Article 27 which is a Party to this Convention after the entry into force of amendments in accordance with paragraph 4 of this Article is, in the absence of Different intention, considered to be:

(a) Party to this Convention as amended; and

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

Article 34-Authentic texts
This Convention shall be established in Arabic, Chinese, English, French, Russian and Spanish, all 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 in the Secretariat of the United Nations at the request of the Director-General of UNESCO.
ANNEX

[| Conciliation procedure |]

[| Article 1-Conciliation Commission |]

A Conciliation Commission shall be established at the request of one of the Parties to the dispute. Unless the Parties otherwise agree, the
The Commission shall consist of five members, each Party concerned by designating two and the President shall be chosen by common accord of the members so appointed.

[| Article 2. -Commission Members |]

In the event of a dispute between more than two Parties, the parties with the same interest shall appoint their members of the Joint Committee. Where at least two Parties have independent interests or when they disagree on the question of whether they have the same interest, they shall appoint their members separately.

[| Article 3. -Appointment |]

If, within two months of the request for the establishment of a conciliation commission, not all members of the Commission have been appointed by the Parties, the Director-General of UNESCO shall, at the request of the requesting Party,
The necessary appointments within a new two-month period.

[| Article 4. -Chairman of the Committee |]

If, within two months of the appointment of the last members of the Commission, the latter has not chosen its President, the Director-General shall, at the request of a Party, appoint the President within a further period of two months.

[| Article 5. -Decisions |]

The Conciliation Commission shall take its decisions by a majority of its members' votes. Unless the Parties to the dispute otherwise agree, it shall establish its own procedure. It shall make a proposal for a resolution of the dispute which the Parties shall consider in good faith.

[| Article 6-Disagreements |]

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

Depositary:

UNESCO

Coming into force:

In accordance with Article 29, this Convention shall enter into force three months after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession, but only with respect to States or organizations Regional economic integration which has deposited their respective instruments of ratification, acceptance, approval or accession on or before that date. It shall enter into force for any other Party three months after the deposit of its instrument of ratification, acceptance,
Approval or accession.
Authentic texts:

Arabic, Chinese, English, French, Russian and Spanish