The objectives of this Convention are:

(a)

To protect and promote the diversity of cultural expressions;

(b)

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 for intercultural respect and a culture of peace;

(d)

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)

Recognize the specific nature of cultural activities, goods and services as bearers of identity, values and meaning;

(h)

Reaffirm the sovereign right of States to 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.

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 the ability of 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 ¹ 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 the means necessary for their cultural expression, including their cultural industries, Be born or established at the local, national and international levels.

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. Principle of sustainable development

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.

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

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 cultural heritage of humanity is expressed, enriched and transmitted through the variety of cultural expressions, but also through various forms of cultural expression. Artistic creation, production, distribution, distribution and enjoyment of cultural expressions, regardless of 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. Cultural activities, goods and services

'Cultural activities, goods 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, Regardless of the commercial value 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 par. 4 above.

6. Cultural Policies and Measures

"Cultural policies and measures" refers to policies and measures relating to culture, at a local, national, regional or international level, whether they focus on culture as such, or intended to have a direct effect on culture Cultural expressions of individuals, groups or societies, 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.

"Protect" means adopting such measures.

8. Interculturality

"Interculturality" refers to the existence and equitable interaction of diverse cultures, as well as the ability to generate cultural expressions through dialogue and mutual respect.

Parties reaffirm, in accordance with the Charter of the United Nations ¹ , the principles of international law and the universally recognized human rights instruments, their sovereign right to formulate and implement their cultural policies and adopt measures to protect and promote Diversity of cultural expressions as well as 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.

1. Within the framework of its cultural policies and measures as described in Art. 4, para. 6, and taking into account its own circumstances and needs, each Party may adopt measures to protect and promote the diversity of cultural expressions in its territory.

2. These measures may include:

(a)

Regulatory measures to protect and promote the diversity of cultural expressions;

(b)

Measures which, 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, dissemination, distribution and enjoyment, including measures relating to the language used for such activities, goods and services;

(c)

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

(d)

Measures to grant public financial assistance;

(e)

Measures to encourage non-profit organisations, as well as public and private institutions, artists and other cultural professionals, to develop and promote free trade and the free movement of ideas Cultural expressions and cultural activities, goods and services, and to stimulate the creation and entrepreneurial spirit in 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 public service broadcasting.

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 those belonging to the Minorities and indigenous peoples;

(b)

To have access to diverse cultural expressions from their territory and from other countries of the world.

2. The Parties shall also endeavour to acknowledge the important contribution of artists 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.

1. Without prejudice to the provisions of Art. 5 and 6, a Party may diagnose the existence of special situations where cultural expressions on its territory are subject to a risk of extinction, 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 subs. 1 in accordance with the provisions of this Convention.

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

The Parties shall:

(a)

Provide appropriate information on measures taken to protect and promote the diversity of cultural expressions on their territory and at the international level in their reports to UNESCO every four years;

(b)

Designate a point of contact responsible for sharing information relating to this Convention;

(c)

Share and exchange information on the protection and promotion of the diversity of cultural expressions.

The Parties shall:

(a)

Promote and develop an understanding of the importance of protecting and promoting the diversity of cultural expressions, including through educational programs and increased public awareness;

(b)

Cooperate with other Parties and international and regional organizations to achieve the objective of this article;

(c)

Encourage creativity and build productive capacity through the development of education, training and exchange programs in the cultural industries. These measures should be applied in such a way that they do not have a negative impact on traditional forms of production.

The Parties recognize 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.

The Parties shall 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 mentioned in the Art. 8 and 17, in particular with regard to:

(a)

To facilitate dialogue between them on cultural policy;

(b)

Strengthen public sector policy and management capacity in public cultural institutions, through professional and international cultural exchanges, and the sharing of best practices;

(c)

Strengthen partnerships with civil society, non-governmental organizations and the private sector, and between these entities, 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.

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.

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)

Creating and strengthening cultural production and distribution capacities in developing countries,

(ii)

Facilitating wider access to their cultural activities, goods and services to the world market and to international distribution channels,

(iii)

Enabling the emergence of viable local and regional markets,

(iv)

Adopting, whenever possible, appropriate measures in developed countries with a view to facilitating the access to their territories of 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 Management, policy development and implementation, promotion and distribution of cultural expressions, development of medium, small and micro-enterprises, use of technology, and development and transfer 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 set out in Art. 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.

The 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 To promote the 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.

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.

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

1. An International Fund for Cultural Diversity is hereby established, 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 regional or international organizations, and public or private bodies or private persons;

(d)

Any interest in the Fund's resources;

(e)

The proceeds of the collections and the proceeds of events organised for the benefit of the Fund;

(f)

Any other resources authorized by the Fund regulation.

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 Art. 22.

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

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.

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 Parties requesting assistance in this area.

5. The collection of information set out in this section supplements the information covered by the provisions of s. 9.

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 subject to the other treaties,

(a)

Encourage mutual support between this 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.

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.

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.

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)

Approve the operational guidelines prepared, at its request, by the Intergovernmental Committee;

(d)

To take any other measures it deems necessary to promote the objectives of this Convention.

1. The Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions, hereinafter referred to as "the Intergovernmental Committee", is hereby established with UNESCO. 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 Art. 29.

The Intergovernmental Committee shall meet once a year.

(3) The Intergovernmental Committee shall operate under the authority and direction of the Conference of the Parties and shall report 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 art. 8;

(e)

Establish procedures and other consultation mechanisms to promote the objectives and principles of this Convention in other international fora;

(f)

Carry out 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 prepare and submit its Rules of Procedure for the approval of the Conference of the Parties.

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.

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.

(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.

(1) This Convention shall be open for accession by any State not a member 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, recognized 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 organisation are also Parties to this Convention, that organization and that Member State or States agree on their responsibility for the performance of their obligations under this Convention Convention. This division of responsibilities takes effect upon completion of the notification procedure described in para. (c). The organisation and the Member States shall not be entitled to exercise rights under this Convention concurrently. In addition, in areas falling within their competence, economic integration organizations 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 organisation and its Member State or Member States which have agreed on a division of responsibilities as provided for in para. (b) inform the Parties of the proposed sharing as follows:

(i)

In its instrument of accession, this organisation shall specify in a precise manner the division of responsibilities with regard to 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 this Modifying;

(d)

The member States of a regional economic integration organization which become Parties to the Convention shall be presumed to remain competent for all areas which have not been the subject of a transfer of competence to the organisation expressly Declared or reported 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 their Competence in matters governed by this Convention and which has been duly authorised, in accordance with its internal procedures, to become a Party.

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

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

(1) This Convention shall enter into force three months after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession, but only with respect to States or regional economic integration organizations Have 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.

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.

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

(a)

With respect to the provisions of this Convention whose application falls within the jurisdiction of the federal or central legislative authority, the obligations of the federal or central government shall be the same as those of the Parties that are not Federal states;

(b)

With regard to 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.

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.

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 Art. 27, as well as the United Nations, for the deposit of all instruments of ratification, acceptance, approval or accession referred to in s. 26 and 27, as well as disclosures under s. 31.

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 the 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 the Convention, the amendments to this Convention shall enter into force three months after the deposit of the instruments referred to in subs. 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 established by s. 3 and 4 does not apply to amendments to s. 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 Art. 27 which becomes a Party to this Convention after the entry into force of amendments in accordance with s. 4 of this Article is, in the absence of having expressed a different intention, considered to be:

(a)

Part of this Convention as amended; and

(b)

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

This Convention shall be established in Arabic, Chinese, English, French, Russian and Spanish, all six texts being equally authentic.

In accordance with Art. 102 of the United Nations Charter ¹ , this Convention shall be registered with the Secretariat of the United Nations at the request of the Director General of UNESCO.

(Suivent signatures)