0.440.7 original text relating to the Agency for cultural and technical cooperation agreement in Niamey on March 20, 1970, approved by the Federal Assembly on 21 December 1995 Instrument of accession deposited by the Switzerland on 4 June 1996 (State October 1, 1997) States parties to the present Convention, aware of the solidarity which binds by the use of the French language , considering that international cooperation is a profound aspiration of peoples and that it represents a factor of progress, whereas the promotion and influence of national cultures is a necessary step to mutual understanding and friendship of the peoples of the world to facilitate access and contribution to universal civilization, whereas cultural and technical cooperation is all the more fruitful that it combines peoples participating in different civilizations eager to promote and disseminate on a equal footing the cultures of each of the Member States, anxious to safeguard expertise of the agencies of cooperation between the contracting parties, considering that the final resolution adopted by the Conference, meeting in Niamey from 17 to 20 February 1969 proclaimed that this cooperation should be exercised with respect for the sovereignty of States national or official languages, and with the concern to promote and disseminate the cultures specific to each country or group of countries represented within the Agency, considering that the final resolution of Niamey recommended the creation of an agency of cultural and technical cooperation, to the Governments represented accepting these principles to cooperate among themselves and with all other interested parties to promote and disseminate their cultures agreed to establish the Convention on the Agency for cultural and technical cooperation as well as the Charter of the Agency.
Art. 1 purposes and principles the Agency of cultural and technical cooperation, hereinafter referred to as 'the Agency', aims to promote and spread the cultures of the High Contracting Parties and to intensify cultural and technical cooperation between them.
The Agency must be the expression of a new solidarity and an additional factor of reconciliation of peoples by the permanent dialogue of civilizations.
The High Contracting Parties agree that this cooperation will have to be exercised with respect for the sovereignty of States, and their originality.
Art. 2 the Agency functions, to achieve his goal, has the following responsibilities: a) help Member States to ensure the promotion and dissemination of their respective cultures; b) generate or facilitate the pooling of part of the financial means of the acceding countries for the realization of cultural and technical development programs, useful to all the members or more of them (((, and appeal to Member States to bring together human resources and techniques appropriate to this end; c) organize and facilitate the provision of the Member States of the necessary means, especially in the training of teachers and specialists of the language and culture French; d) encourage knowledge mutual peoples interested in adequate methods of information; e) assist in training (, among the peoples, a public opinion informed about the cultures of the countries represented at the breast of the agency; f) exercise any other function in the goals of the Agency, which may be assigned by the General Conference.
Art. 3 motto the agency adopts as a motto: equality, complementarity, solidarity.
Art. 4 Member States and associated States the Convention provides for two categories of States: Member States and the associated States.
Art. 5 signature, ratification and accession 1. Any State including the french is the official language, or one of the official languages, or any State which is usual and common to the French language, use may become party to this Convention by: a) without reservation of ratification and approval signature; b) signature subject to ratification; c) membership in the three years following the entry into force of this Convention.
2. the ratification or accession becomes effective by the deposit of a formal instrument to that effect with the Government of the country which hosted the founding conference or of the Government of the country where the seat of the Agency is set. These Governments communicate copy to all members.
3. after the expiry of the period fixed in the by. 1 of this article, any admitted as a member of the Agency, in accordance with the provisions of art. 3, by. 2, of the Charter, become party to this Convention by notifying its accession to the Government of the country which hosted the founding conference or the Government of the country where the seat of the Agency is fixed.
Art. 6 entry into force this Convention will enter into force on the date on which ten States will become parties, in accordance with the provisions of art. 5, by. 1 (in accordance with the provisions of this article, the Convention entered into force on August 31, 1970.)
Art. 7 applicable law the Agency is governed by this Convention, the Charter which there is appended (hereinafter referred to as "the Charter"), the staff rules as well as by other regulatory provisions and decisions duly adopted by the organs of the Agency.
Art. 8 privileges and immunities 1. The Agency has legal personality. She particularly entitled to contract, to acquire and dispose of movable and immovable property and to institute legal proceedings.
2. the Secretary-General will, on behalf of the Agency and in agreement with the Governments concerned, all useful measures to see the Agency recognize the privileges and immunities which would be necessary for its operation.
Art. 9 denunciation 1. Any State which is a party to this Convention may report it by notifying the Government of the country which hosted the conference, or the Government of the country where is fixed the seat of the Agency at least six months before the date of the next meeting of the General Conference of the Agency. The denunciation shall take effect six months after the date of receipt by either of the aforementioned Governments. However, the State in question remains legally bound to the Agency to carry out the financial contributions that he is committed to be paid but not yet paid.
2. the denunciation of this agreement by one or more of the Governments parties to the said Convention does not affect its validity with respect to other parties. However, in the case where the number of contracting parties would fall below a minimum of ten States that would remain bound by the Convention to argue on the measures to be taken.
Art. 10 amendments 1. This Convention may be amended by unanimous agreement of the Contracting States which notify their acceptance of any amendment to the Government of the country which hosted the founding conference or the Government of the country where the seat of the Agency is fixed.
2. the changes come into force thirty days after the deposit of the last notification of acceptance on them. Any State which has not served its opposition within a period of one year will be considered as having accepted the amendment.
Art. 11 record Charter upon entry into force of this Convention, the Government of the country which hosted the founding conference or the Government of the country where will be fixed the seat of the Agency will make it register with the Secretary general of the Organization of the United Nations, in accordance with art. 102 of the Charter of the United Nations.
In faith of what representatives undersigned, duly authorized to this effect, have signed this Convention.
Made in Niamey, March 20, 1970, in a single copy which shall be deposited in the archives of the Government of the Republic of Niger, which will issue certified copies to all signatory Governments or members.
Charter art. Objectives the Agency, one intergovernmental organization of la Francophonie, 1A end essentially the affirmation and development among its members of multilateral cooperation in the areas of national education, training, culture, science and technology, and there the reconciliation of peoples.
It exerts its action in full respect of the sovereignty of States, languages and cultures, and observes the strictest neutrality in issues of ideological and political.
She collaborates with various international and regional organizations and takes into account all forms of technical and cultural cooperation existing.
She is the main operator of the development programmes decided by the Conference of Heads of State and Government of the countries that share the use of the french.
Art. 2 functions the Agency fulfils tasks of study, information, coordination and action. To this end, the Agency, acting through its organs, is entitled to do all acts necessary, appropriate or suitable pursuit of its objectives and the following powers, together or separately:
((a) periodically prepare and disseminate inventories of the resources of the French-speaking world in all areas of its jurisdiction; b) to propose, as needed, the pooling of a part of the intellectual, technical and financial resources of its members to carry out development programmes useful to all its members or more of them; c) establish means to ensure the widest dissemination and fastest possible (((, between all members, information, particularly in the areas of science, pedagogy and technology; d) put at the disposal of the members of the complementary means for training and development; e) contribute to the creation of common instruments in research science and technology, promote research and communication; f) serve as a permanent place for meetings and exchanges between specialists from various disciplines and national officials of the major sectors activity educational, cultural, scientific and technical; g) encourage or promote co-ordination of efforts and resources of all members, particularly in the areas of research, in technology, in education, in training and in communication, as well as in the study of the problems of development; h) encourage the mutual understanding of peoples through the use of the means of mass communication ((((teaching and by original formulas for exchanges; i) facilitate full access to sources of bilateral and international cooperation to the Governments and, where appropriate, implement specific multilateral assistance programmes; j) strive to maintain any liaison with organizations or associations active in the field of action of the Agency and ensure more coherence and better profitability of all initiatives; k) ensure the secretariat of all the bodies of la Francophonie; l) exercise any another function in the goals of the Agency, which may be assigned by the General Conference.
Art. 3 Member States and participating Governments 1. All States that are parties to the Convention are members of the Agency.
2. any State which has not become party to the Convention under the conditions provided for in art. 5, by. 1, it can become a member of the Agency if it is approved as a member by the General Conference.
3. in full respect of sovereignty and jurisdiction international States, Government may be admitted as Government participating institutions, activities and programmes of the Agency, subject to the approval of the Member State of the territory on which the participating Government concerned exercises its authority, and according to terms agreed to by the Government and that of the Member State.
4. any Government member agency may withdraw from denouncing the Convention, under the conditions laid down in art. 9 thereof.
Similarly, any Member may withdraw from the Agency by notifying the Government of the country which hosted the founding Conference or the Government of the country where is fixed the seat of the Agency at least six months before the next meeting of the General Conference. The withdrawal takes effect on the expiration of the period of six months following the notification.
However, the Member concerned is required to pay the total amount of the contributions which he is liable.
Art. 4 observers, associates and consultants 1. Any Government of a State which is not a party to the Convention may, at his request, be admitted by the General Conference as an observer.
2 any State wishing to join certain activities of the Agency may conclude with an agreement setting out the terms of his participation in such activities.
3. the General Conference may confer the title of consultant to any international organization or to any non-governmental international association makes a request to that effect and whose activities are in harmony with those of the Agency.
4. the nature and extent of rights and obligations of observers and consultants will be determined by the Charter and by the General Conference.
Art. 5 General Conference bodies the bodies of the Agency are: 1. the General Conference, 2. the Board of Directors, 3 Office, 4. the Secretariat, 5. any subsidiary body that the General Conference may find it useful to the functioning of the Agency.
The Ministerial Conference of la Francophonie serves as General Conference and Board of Directors; the permanent Council of la Francophonie serves as the Agency Office.
General Conference article 6 composition the General Conference consists of all members of the Agency.
The General Conference is presided over by the Minister on behalf of the State or the host Government of the last Summit, and then by that of the country which has received the charge to prepare the next Summit.
Observers and consultants participate in the sessions of the General Conference and there are heard, unless objection, but they do have the right to vote.
When the functions of the Secretary-General have ended, can, of right, participate, without the right to vote, in the deliberations of the General Conference.
Art. 7 powers the General Conference is the supreme body of the Agency. Its main functions are to: 1 guide the activity of the Agency; 2. approve the work programme and the plan of organization of the Secretariat, intended to implement the plan; 3. control of the financial policy, review and approve the budget and the financial agency; 4 regulation. decide on the admission of new members, in application of art. 3, by. 2 and 3, of the present Charter; 5. decide on the admission of observers and consultants and determine the nature of their rights and obligations, in view of art. 6 above; 6. fix the scale of contributions; 7. establish any subsidiary body required for the good functioning of the Agency; 8. appoint the Secretary-General and the members of the Council Advisory; 9. decide on the composition of the other subsidiary bodies of the Agency; 10. amend the Charter; 11. eventually appoint the liquidators of the Agency; 12. move the seat of the Agency; 13. take all appropriate measures to the realization of the goals of the Agency.
Art. 8 meetings 1. The General Conference meets at least once every two years to the date that she has herself set at its previous session or at the request of at least half the members of the Agency addressed to the president of the Conference.
2. each Member shall be represented by a delegation led by the Minister for Foreign Affairs and the Francophonie, including if possible representatives of the administrations concerned by the Agency.
3. it shall adopt its rules of procedure.
4. it sets the place and the date of its next session.
Art. 9 adoption of decisions Governing Council 1. All decisions of the General Conference are taken, if possible, by consensus.
2. in the event of a vote, each Member has one vote and decisions are taken by a majority of the 10 of the members present and voting, the abstention is not considered a vote.
Board of Directors art. 10 composition each Member is represented on the Board of directors by a delegation led by the Minister for Foreign Affairs or the Francophonie, or his representative.
The Board of Directors is chaired by the Minister on behalf of the State or the host Government of the last Summit, and then by that of the country which has received the charge to prepare the next Summit.
When the functions of the Secretary-General have ended, can, of right, participate, without the right to vote, in the deliberations of the Board of Directors.
Art. 11 functions the Board of Directors is the executive organ of the General Conference and reports to it on the development of the programs of the Agency and the use of its budgetary resources, in accordance with the decisions of the Conference.
Main functions are to: 1. ensure execution of the decisions taken by the General Conference and the conduct of the activity of the Agency, in accordance with those decisions; 2. study the work programme of the Agency and make appropriate recommendations thereon to the Conference General; 3. review financial reports and forecasts budget; 4. provide advice to the General Conference on politics of the Agency; 5. make proposals to the General Conference on the policy of the Agency; 6. consider and adopt the agenda draft of the meetings of the General Conference, which is submitted by the Secretariat; 7. exercise any other function that may be assigned by the General Conference.
Art. 12 meetings 1. The Board of Directors meets at least once a year, on the date that he has himself set, or at the request of one-third or more of its members, addressed to the president of the Council.
2. the Management Board shall adopt its rules of procedure.
3. it sets the place and the date of its next meeting.
Art. 13 procedure for adoption of decisions 1. All decisions of the Board of Directors are taken, if possible, by consensus.
2. in the event of a vote, each Member has one vote and decisions of the Board of Directors are taken by a majority of two thirds of the members present and voting, the abstention is not considered a vote.
Art. 14 commission programs 1. The Board of Directors is internally a Commission of programs open to all its members.
2. the Commission of the programmes is primarily responsible for assisting the Board of Directors to define the nature of the operations of the Agency and the means of implementation of its work programme.
3. in this perspective, it advises the Secretariat in its task of design of the actions of the Agency and reviews projects that it will be established.
Art. 15 administrative and financial commission 1. The Board of Directors is within its administrative and financial Commission open to all its members.
2. the financial and administrative Committee helps the Board to exercise its control over the administrative and financial management of the Agency; in this context, she also advises the Secretariat for the purposes of the provisions of the financial regulation.
3. to fulfil its mission, the Commission is in particular responsible for the following functions: a) examine the budget estimates prepared by the Secretariat, b) control the execution of the budgets of the Agency by including's focus on the transfers of appropriations from chapter to chapter and payments to the reserve fund, c) study the scale of contributions, d) examining the scale of the salaries of the staff of the Agency as well as the provisions of the Statute and of the staff rules when these would have financial implications, e) advise the Secretariat for filing and the investment of funds, f) prepare the draft contract of the Secretary general of the Agency.
Art. 16 office of the permanent Council of la Francophonie serving as Office of the Agency shall meet at least once a year to indulge in a political reflection from the report submitted by the Secretary-General on the conduct of the activity of the Agency and, as appropriate, prevent or resolve any difficulty. It may be seized of any urgent matter. It shall be convened by the president of the General Conference, on its own initiative or at the request of the Secretary-General.
Art. 17 secretariat 1. The Secretariat is composed of a Secretary-General, Directors General and administrative and technical personnel necessary for the good functioning of the Agency.
2. the Secretary-General is appointed by the General Conference for a period of four years to the conditions to be approved by the Conference. Its mandate is renewable once.
3. has) vacancies in the post of Secretary-General, determined by the president of the General Conference, the latter convenes, within a period of sixty days, an extraordinary General Conference limited to heads of delegation, who is responsible for appointing a new Secretary general for the remainder of the term of his predecesseur.b) However, it will not be convened extraordinary General Conference (if the finding of the vacancy occurs less than three months before the next Conference General ordinaire.c) from the recognition of the vacancy, the president of the General Conference shall appoint, in agreement with the bureau, one of the Directors-General in the interim of the Secretary-General until the next meeting of the Conference.
4. the Secretary-General is the Director of the Agency for cultural and technical cooperation. It represents the Agency in the official acts. It is part of full right, with voice but without vote, in the work of the Ministerial Conference of la Francophonie and the permanent Council of la Francophonie. He may delegate his functions.
5. has) general managers are appointed, by derogation from the provisions of para. (article 6, by the Governing Council on the report of the Secretary-General, to take responsibility for a sector of activity of the Agency, in accordance with the organizational plan of the Secretariat stopped by the generale.b Conference) it can be put an end to their functions by the Executive Board on the report of the Secretary-general.c) the Secretary-General has, however, in exceptional cases, the power to suspend them until the meeting of the Board of Directors.
6. the Secretary-General shall appoint the staff of the Agency, in accordance with the organizational plan approved by the General Conference. The staff regulations is submitted to the General Conference for approval. It will have to be taken into account, in the allocation of positions, the geographical composition of the Agency.
7. the Secretariat is responsible for the preparation of the program of the Agency and its execution. He is preparing budget estimates and financial reports of the Agency. It is responsible for carrying out the mandate of proposal of General programming and budget allocation for projects decided under the guidelines adopted by the Summit and by the other political bodies of la Francophonie. He is also responsible, under the authority of the permanent Council of la Francophonie, the preparation and the follow-up of the sectoral ministerial conferences convened as a follow-up to the summits.
8. the responsibilities of the Secretary-General and the staff are exclusively international in character. In the performance of their duties, they don't wonder or will receive instructions or emoluments from any Government or from any authority external. Refrain from any act likely to jeopardize their status as international civil servants. All members of the Agency are committed to respect the international character of the functions of the Secretary-General and the staff and not to seek to influence them in the performance of their duties.
9. the Secretariat of the Agency is relayed in each Member State by a national correspondent designated by its Government.
Art. 18 regional offices. the General Conference may, in due time, establish offices in the various geographical regions represented within the Agency. The Conference decides, on a proposal from the Board of Directors, location, composition, functions and the mode of financing of these regional offices.
Art. 19 conference of non-governmental international organizations every two years, the Secretary-General shall convene a conference of international non-governmental organizations, in accordance with the conditions, principles and modalities defined in the guidelines adopted by the Ministerial Conference.
This conference is intended to: 1 inform francophone international non-governmental organizations on the guidelines and programming adopted by the Summit of Heads of State and Government, 2 identify the organisations that can make a concrete and effective contribution to the implementation of programs of la Francophonie, 3 conduct consultations to obtain the opinions and suggestions concerning the main lines of the programming 4. promote cooperation among organizations with similar interests, 5. examine the problems with the cooperation of these organizations with the permanent Council of la Francophonie and the Secretariat of the Agency.
A Committee Liaison, from the Conference of international non-governmental and composed of a maximum of five representatives, is to cooperate with the Presidency of the permanent Council of la Francophonie and the Secretariat of the Agency for cultural and technical cooperation in the interval between meetings of the Conference.
Art. 20 budget and expenses 1. Every two years, the Secretariat prepares and submits to the Board of Directors financial reports and the budget of the Agency. The Board of Directors reviews financial reports and budget forecasts and transmits them to the General Conference the recommendations it considers appropriate.
2. financial reports and budget forecasts are prepared by the Secretariat, in accordance with the financial regulations adopted by the General Conference.
3. the expenditure of the Agency are shared among the members according to a scale to be decided by the General Conference. The contribution of the observers is fixed by the General Conference.
4. the Secretary-General may, with the authorization of the Board of Directors, accept all donations, bequests and grants made to the Agency by Governments, public or private institutions or individuals. The administration of these funds by the Secretariat is governed by the financial regulation of the Agency.
Art. 21 language of work language of work of the Agency and all its bodies is the french.
Art. 22 headquarters the headquarters of the Agency for cultural and technical cooperation is set to Paris. It can be moved by a decision of the General Conference.
Art. 23 dissolution and liquidation 1. The Agency is deemed to be dissolved and wound up in one of the following two cases: a) all parties to the Convention but one denounced it; b) the General Conference decides to dissolve the Agency. Then what, the Agency shall have an existence for the purpose of liquidation.
2. in case of dissolution of the Agency, its affairs are wound up by liquidators, appointed in accordance with the Charter, that the realization of the assets of the Agency and the extinction of its liabilities. Active or passive balance will be distributed in proportion to the respective contributions.
Art. 24 interpretation any decision relating to the interpretation of this Charter is taken by the General Conference, in accordance with the provisions of art. 9 art. Review list of the members of the ACCT 1 25. This Charter may be revised in accordance with the provisions of its art. 7, paragraph 9, and 10.
2. the Government of the State, which hosted the founding Conference or the Government of the State whose territory is fixed the seat of the Agency, shall notify all members, as well as to the Secretary-General, any revisions made to the Charter.
List of members of the ACTC Member Date of accession Belgium (Kingdom, then French community of) March 1970 Benin March 1970 Bulgaria (Observer in dec-91), Member since December 1993 Burkina Faso March 1970 Burundi March 1970 (Observer in Dec. 91) Cambodia, Member since December 1993 Cameroon (state associated Nov. 75), Member since December 1991 Canada March 1970 Republic Central African October 1973 Comoros December 1977 Congo December 1981 Côte d'Ivoire March 1970 Djibouti December 1977 Dominique December 1979 France March 1970 Gabon March 1970 Guinea December 1981 Guinea Equatorial December 1989 Haiti August 1970 Laos (associated in August 1972 State), Member since December 1991 Lebanon June 1973 Luxembourg March 1970 Madagascar (Member State in March 70, withdrawal in December 77) and back in December 1989 Mali March 1970 Maurice March 1970 Moldova February 1996 Monaco March 1970 Niger March 1970 Romania (Observer in dec-91) , Member since December 1993 Rwanda March 1970 Senegal March 1970 Seychelles June 1976 Switzerland February 1996 Chad March 1970 Togo March 1970 Tunisia March 1970 December 1979 March 1970 Zaire December 1977 participating Governments Viet Nam Vanuatu membership Canada - New Brunswick December 1977 Canada-Quebec October 1971 associated States Date of accession Egypt December 1983 Guinea-Bissau December 1979 Morocco December 1981 Mauritania March 1980 Saint Lucia, December 1981 RO 1996 2787; FF 1995 III 593 RO 1996 2786 State 11. July 2006