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The General Conference of the United Nations Educational, Scientific and
Cultural Organization, meeting in Paris from 3 to 21 October 2005 at its 33rd
session,
Affirming that cultural diversity is a defining characteristic of
humanity,
Conscious that cultural diversity forms a common heritage of humanity
and should be cherished and preserved for the benefit of all,
Being aware that cultural diversity creates a rich and varied world,
which increases the range of choices and nurtures human capacities and
values, and therefore is a mainspring for sustainable development for
communities, peoples and nations,
Recalling that cultural diversity, flourishing within a framework of
democracy, tolerance, social justice and mutual respect between peoples and
cultures, is indispensable for peace and security at the local, national and
international levels,
Celebrating the importance of cultural diversity for the full
realization of human rights and fundamental freedoms proclaimed in the
Universal Declaration of Human Rights and other universally recognized
instruments,
Emphasizing the need to incorporate culture as a strategic element in
national and international development policies, as well as in international
development cooperation, taking into account also the United Nations
Millennium Declaration (2000) with its special emphasis on poverty
eradication,
Taking into account that culture takes diverse forms across time and
space and that this diversity is embodied in the uniqueness and plurality of
the identities and cultural expressions of the peoples and societies making
up humanity,
Recognizing the importance of traditional knowledge as a source of
intangible and material wealth, and in particular the knowledge systems of
indigenous peoples, and its positive contribution to sustainable development,
as well as the need for its adequate protection and promotion,
Recognizing the need to take measures to protect the diversity of
cultural expressions, including their contents, especially in situations
where cultural expressions may be threatened by the possibility of extinction
or serious impairment,
Emphasizing the importance of culture for social cohesion in general,
and in particular its potential for the enhancement of the status and role of
women in society,
Being aware that cultural diversity is strengthened by the free flow
of ideas, and that it is nurtured by constant exchanges and interaction
between cultures,
Reaffirming that freedom of thought, expression and information, as
well as diversity of the media, enable cultural expressions to flourish
within societies,
Recognizing that the diversity of cultural expressions, including
traditional cultural expressions, is an important factor that allows
individuals and peoples to express and to share with others their ideas and
values,
Recalling that linguistic diversity is a fundamental element of
cultural diversity, and reaffirming the fundamental role that education plays
in the protection and promotion of cultural expressions,
Taking into account the importance of the vitality of cultures,
including for persons belonging to minorities and indigenous peoples, as
manifested in their freedom to create, disseminate and distribute their
traditional cultural expressions and to have access thereto, so as to benefit
them for their own development,
Emphasizing the vital role of cultural interaction and creativity,
which nurture and renew cultural expressions and enhance the role played by
those involved in the development of culture for the progress of society at
large,
Recognizing the importance of intellectual property rights in
sustaining those involved in cultural creativity,
Being convinced that cultural activities, goods and services have both
an economic and a cultural nature, because they convey identities, values and
meanings, and must therefore not be treated as solely having commercial
value,
Noting that while the processes of globalization, which have been
facilitated by the rapid development of information and communication
technologies, afford unprecedented conditions for enhanced interaction
between cultures, they also represent a challenge for cultural diversity,
namely in view of risks of imbalances between rich and poor countries,
Being aware of UNESCO’s specific mandate to ensure respect for the
diversity of cultures and to recommend such international agreements as may
be necessary to promote the free flow of ideas by word and image,
Referring to the provisions of the international instruments adopted
by UNESCO relating to cultural diversity and the exercise of cultural rights,
and in particular the Universal Declaration on Cultural Diversity of 2001,
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 to freely interact
in a mutually beneficial manner;
(c) to encourage dialogue among cultures with a view to ensuring wider and
balanced cultural exchanges in the world in favour of intercultural respect
and a culture of peace;
(d) to foster interculturality in order to develop cultural interaction in
the spirit of building bridges among peoples;
(e) to promote respect for the diversity of cultural expressions and raise
awareness of its value at the local, national and international levels;
(f) to reaffirm the importance of the link between culture and development
for all countries, particularly for developing countries, and to support
actions undertaken nationally and internationally to secure recognition of
the true value of this link;
(g) to give recognition to the distinctive nature of cultural activities,
goods and services as vehicles of identity, values and meaning;
(h) to reaffirm the sovereign rights of States to maintain, adopt and
implement policies and measures that they deem appropriate for the protection
and promotion of the diversity of cultural expressions on their territory;
(i) to strengthen international cooperation and solidarity in a spirit of
partnership with a view, in particular, to enhancing the capacities of
developing countries in order to protect and promote the diversity of
cultural expressions.
Article 2 – Guiding principles
1. Principle of respect for human rights and fundamental freedoms
Cultural diversity can be protected and promoted only if human rights and
fundamental freedoms, such as freedom of expression, information and
communication, as well as the ability of individuals to choose cultural
expressions, are guaranteed. No one may invoke the provisions of this
Convention in order to infringe human rights and fundamental freedoms as
enshrined in the Universal Declaration of Human Rights or guaranteed by
international law, or to limit the scope thereof.
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 within
their territory.
3. Principle of equal dignity of and respect for all cultures
The protection and promotion of the diversity of cultural expressions
presuppose the recognition of equal dignity of and respect for all cultures,
including the cultures of persons belonging to minorities and indigenous
peoples.
4. Principle of international solidarity and cooperation
International cooperation and solidarity should be aimed at enabling
countries, especially developing countries, to create and strengthen their
means of cultural expression, including their cultural industries, whether
nascent or established, at the local, national and international levels.
5. Principle of the complementarity of economic and cultural aspects of development
Since culture is one of the mainsprings of development, the cultural aspects
of development are as important as its economic aspects, which individuals
and peoples have the fundamental right to participate in and enjoy.
6. Principle of sustainable development
Cultural diversity is a rich asset for individuals and societies. The
protection, promotion and maintenance of cultural diversity are an essential
requirement for sustainable development for the benefit of present and future
generations.
7. Principle of equitable access
Equitable access to a rich and diversified range of cultural expressions from
all over the world and access of cultures to the means of expressions and
dissemination constitute important elements for enhancing cultural diversity
and encouraging mutual understanding.
8. Principle of openness and balance
When States adopt measures to support the diversity of cultural expressions,
they should seek to promote, in an appropriate manner, openness to other
cultures of the world and to ensure that these measures are geared to the
objectives pursued under the present Convention.
II. Scope of application
Article 3 – Scope of application
This Convention shall apply to the policies and measures adopted by the
Parties related 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 manifold ways in which the cultures of
groups and societies find expression. These expressions are passed on within
and among groups and societies.
Cultural diversity is made manifest not only through the varied ways in which
the cultural heritage of humanity is expressed, augmented and transmitted
through the variety of cultural expressions, but also through diverse modes
of artistic creation, production, dissemination, distribution and enjoyment,
whatever the means and technologies used.
2. Cultural content
“Cultural content†refers to the symbolic meaning, artistic dimension and
cultural values that originate from or express cultural identities.
3. Cultural expressions
“Cultural expressions†are those 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 those activities, goods
and services, which at the time they are considered as a specific attribute,
use or purpose, embody or convey cultural expressions, irrespective of the
commercial value they may have. Cultural activities may be an end in
themselves, or they 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†refers to those policies and measures
relating to culture, whether at the local, national, regional or
international level that are either focused on culture as such or are
designed to have a direct effect on cultural expressions of individuals,
groups or societies, including on the creation, production, dissemination,
distribution of and access to cultural activities, goods and services.
7. Protection
“Protection†means the adoption of measures aimed at the preservation,
safeguarding and enhancement of the diversity of cultural expressions.
“Protect†means to adopt such measures.
8. Interculturality
“Interculturality†refers to the existence and equitable interaction of
diverse cultures and the possibility of generating shared cultural
expressions through dialogue and mutual respect.
IV. Rights and obligations of Parties
Article 5 – General rule regarding rights and obligations
1. The Parties, in conformity with the Charter of the United Nations, the
principles of international law and universally recognized human rights
instruments, reaffirm their sovereign right to formulate and implement their
cultural policies and to adopt measures to protect and promote the diversity
of cultural expressions and to strengthen international cooperation to
achieve the purposes of this Convention.
2. When a Party implements policies and takes measures to protect and promote
the diversity of cultural expressions within its territory, its policies and
measures shall be consistent with the provisions of this Convention.
Article 6 – Rights of parties at the national level
1. Within the framework of its cultural policies and measures as defined in
Article 4.6 and taking into account its own particular circumstances and
needs, each Party may adopt measures aimed at protecting and promoting the
diversity of cultural expressions within its territory.
2. Such measures may include the following:
(a) regulatory measures aimed at protecting and promoting diversity of
cultural expressions;
(b) measures that, in an appropriate manner, provide opportunities for domestic
cultural activities, goods and services among all those available within the
national territory for the creation, production, dissemination, distribution
and enjoyment of such domestic cultural activities, goods and services,
including provisions relating to the language used for such activities, goods
and services;
(c) measures aimed at providing domestic independent cultural industries and
activities in the informal sector effective access to the means of
production, dissemination and distribution of cultural activities, goods and
services;
(d) measures aimed at providing public financial assistance;
(e) measures aimed at encouraging non-profit organizations, as well as public
and private institutions and artists and other cultural professionals, to
develop and promote the free exchange and circulation of ideas, cultural
expressions and cultural activities, goods and services, and to stimulate
both the creative and entrepreneurial spirit in their activities;
(f) measures aimed at establishing and supporting public institutions, as
appropriate;
(g) measures aimed at nurturing and supporting artists and others involved in
the creation of cultural expressions;
(h) measures aimed at enhancing diversity of the media, including through
public service broadcasting.
Article 7 – Measures to promote cultural expressions
1. Parties shall endeavour to create in their territory an environment which
encourages individuals and social groups:
(a) to create, produce, disseminate, distribute and have access to their own
cultural expressions, paying due attention to the special circumstances and
needs of women as well as various social groups, including persons belonging
to minorities and indigenous peoples;
(b) to have access to diverse cultural expressions from within their
territory as well as from other countries of the world.
2. Parties shall also endeavour to recognize the important contribution of
artists, others involved in the creative process, cultural communities, and
organizations that support their work, and their central role in nurturing
the diversity of cultural expressions.
Article 8 – Measures to protect cultural expressions
1. Without prejudice to the provisions of Articles 5 and 6, a Party may determine the existence of special situations where cultural expressions on its
territory are at risk of extinction, under serious threat, or otherwise in
need of urgent safeguarding.
2. Parties may take all appropriate measures to protect and preserve cultural
expressions in situations referred to in paragraph 1 in a manner consistent with the provisions of this Convention.
3. Parties shall report to the Intergovernmental Committee referred to in
Article 23 all measures taken to meet the exigencies of the situation, and
the Committee may make appropriate recommendations.
Article 9 – Information sharing and transparency
Parties shall:
(a) provide appropriate information in their reports to UNESCO every four
years on measures taken to protect and promote the diversity of cultural expressions
within their territory and at the international level;
(b) designate a point of contact responsible for information sharing in
relation to this Convention;
(c) share and exchange information relating to the protection and promotion
of the diversity of cultural expressions.
Article 10 – Education and public awareness
Parties shall:
(a) encourage and promote understanding of the importance of the protection
and promotion of the diversity of cultural expressions, inter alia, through
educational and greater public awareness programmes;
(b) cooperate with other Parties and international and regional organizations
in achieving the purpose of this article;
(c) endeavour to encourage creativity and strengthen production capacities by
setting up educational, training and exchange programmes in the field of
cultural industries. These measures should be implemented in a manner which
does not have a negative impact on traditional forms of production.
Article 11 – Participation of civil society
Parties acknowledge the fundamental role of civil society in protecting and
promoting the diversity of cultural expressions. Parties shall encourage the
active participation of civil society in their efforts to achieve the
objectives of this Convention.
Article 12 – Promotion of international cooperation
Parties shall endeavour to strengthen their bilateral, regional and
international cooperation for the creation of conditions conducive to the
promotion of the diversity of cultural expressions, taking particular account
of the situations referred to in Articles 8 and 17, notably in order to:
(a) facilitate dialogue among Parties on cultural policy;
(b) enhance public sector strategic and management capacities in cultural
public sector institutions, through professional and international cultural
exchanges and sharing of best practices;
(c) reinforce partnerships with and among civil society, non-governmental
organizations and the private sector in fostering and promoting the diversity
of cultural expressions;
(d) promote the use of new technologies, encourage partnerships to enhance
information sharing and cultural understanding, and 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
Parties shall endeavour to integrate culture in their development policies at
all levels for the creation of conditions conducive to sustainable
development and, within this framework, foster aspects relating to the
protection and promotion of the diversity of cultural expressions.
Article 14 – Cooperation for development
Parties shall endeavour to support cooperation for sustainable development
and poverty reduction, especially in relation to the specific needs of
developing countries, in order to foster the emergence of a dynamic cultural
sector by, inter alia, the following means:
(a) the strengthening of the cultural industries in developing countries
through:
(i) creating and strengthening cultural production and distribution
capacities in developing countries;
(ii) facilitating wider access to the global market and international
distribution networks for their cultural activities, goods and services;
(iii) enabling the emergence of viable local and regional markets;
(iv) adopting, where possible, appropriate measures in developed countries
with a view to facilitating access to their territory for the cultural
activities, goods and services of developing countries;
(v) providing support for creative work and facilitating the mobility, to the
extent possible, of artists from the developing world;
(vi) encouraging appropriate collaboration between developed and developing
countries in the areas, inter alia, 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 sector relating to, inter alia,
strategic and management capacities, policy development and implementation,
promotion and distribution of cultural expressions, small-, medium- and
micro-enterprise development, the use of technology, and skills development
and transfer;
(c) technology transfer through the introduction of appropriate incentive
measures for the transfer of technology and know-how, especially in the areas
of cultural industries and enterprises;
(d) financial support through:
(i) the establishment of an International Fund for Cultural Diversity as provided
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 and within
the public and private sectors and non-profit organizations, in order to
cooperate with developing countries in the enhancement of their capacities in
the protection and promotion of the diversity of cultural expressions. These
innovative partnerships shall, according to the practical needs of developing
countries, emphasize the further development of infrastructure, human resources
and policies, as well as the exchange of cultural activities, goods and
services.
Article 16 – Preferential treatment for developing countries
Developed countries shall facilitate cultural exchanges with developing
countries by granting, through the appropriate institutional and legal
frameworks, preferential treatment to artists and other cultural
professionals and practitioners, as well as cultural goods and services from
developing countries.
Article 17 – International cooperation in situations of serious threat to
cultural expressions
Parties shall cooperate in providing assistance to each other, and, in
particular to developing countries, in situations referred to under Article
8.
Article 18 – International Fund for Cultural Diversity
1. An International Fund for Cultural Diversity, hereinafter referred to as
“the Fundâ€, is hereby established.
2. The Fund shall consist of funds-in-trust established in accordance with
the Financial Regulations of UNESCO.
3. The resources of the Fund shall consist of:
(a) voluntary contributions made by Parties;
(b) funds appropriated for this purpose by the General Conference of UNESCO;
(c) contributions, gifts or bequests by other States; organizations and
programmes of the United Nations system, other regional or international
organizations; and public or private bodies or individuals;
(d) any interest due on resources of the Fund;
(e) funds raised through collections and receipts from events organized for
the benefit of the Fund;
(f) any other resources authorized by the Fund’s regulations.
4. The use of resources of the Fund shall be decided by the Intergovernmental
Committee on the basis of guidelines determined by the Conference of Parties
referred to in Article 22.
5. The Intergovernmental Committee may accept contributions and other forms
of assistance for general and specific purposes relating to specific
projects, provided that those projects have been approved by it.
6. No political, economic or other conditions that are incompatible with the
objectives of this Convention may be attached to contributions made to the
Fund.
7. Parties shall endeavour to provide voluntary contributions on a regular
basis towards the implementation of this Convention.
Article 19 – Exchange, analysis and dissemination of information
1. Parties agree to exchange information and share expertise concerning data
collection and statistics on the diversity of cultural expressions as well as
on best practices for its protection and promotion.
2. UNESCO shall facilitate, through the use of existing mechanisms within the
Secretariat, the collection, analysis and dissemination of all relevant
information, statistics and best practices.
3. UNESCO shall also establish and update a data bank on different sectors
and governmental, private and non-profit organizations involved in the area
of cultural expressions.
4. To facilitate the collection of data, UNESCO shall pay particular
attention to capacity-building and the strengthening of expertise for Parties
that submit a request for such assistance.
5. The collection of information identified in this Article shall complement
the information collected under the provisions of Article 9.
V. Relationship to other instruments
Article 20 – Relationship to other treaties: mutual supportiveness,
complementarity and non-subordination
1. Parties recognize that they shall perform in good faith their obligations
under this Convention and all other treaties to which they are parties.
Accordingly, without subordinating this Convention to any other treaty,
(a) they shall foster mutual supportiveness 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 entering into other international obligations, Parties shall
take into account the relevant provisions of this Convention.
2. Nothing in this Convention shall be interpreted as modifying rights and
obligations of the Parties under any other treaties to which they are
parties.
Article 21 – International consultation and coordination
Parties undertake to promote the objectives and principles of this Convention
in other international forums. For this purpose, Parties shall consult each
other, as appropriate, bearing in mind these objectives and principles.
VI. Organs of the Convention
Article 22 – Conference of Parties
1. A Conference of Parties shall be established. The Conference of Parties
shall be the plenary and supreme body of this Convention.
2. The Conference of Parties shall meet in ordinary session every two years,
as far as possible, in conjunction with the General Conference of UNESCO. It
may meet in extraordinary session if it so decides or if the
Intergovernmental Committee receives a request to that effect from at least
one-third of the Parties.
3. The Conference of Parties shall adopt its own rules of procedure.
4. The functions of the Conference of Parties shall be, inter alia:
(a) to elect the Members of the Intergovernmental Committee;
(b) to receive and examine reports of the Parties to this Convention
transmitted by the Intergovernmental Committee;
(c) to approve the operational guidelines prepared upon its request by the
Intergovernmental Committee;
(d) to take whatever other measures it may consider necessary to further the
objectives of this Convention.
Article 23 – Intergovernmental Committee
1. An Intergovernmental Committee for the Protection and Promotion of the
Diversity of Cultural Expressions, hereinafter referred to as “the
Intergovernmental Committeeâ€, shall be established within UNESCO. It shall be
composed of representatives of 18 States Parties to the Convention, elected
for a term of four years by the Conference of Parties upon entry into force
of this Convention pursuant to Article 29.
2. The Intergovernmental Committee shall meet annually.
3. The Intergovernmental Committee shall function under the authority and
guidance of and be accountable to the Conference of Parties.
4. The Members of the Intergovernmental Committee shall be increased to 24
once the number of Parties to the Convention reaches 50.
5. The election of Members of the Intergovernmental Committee shall be based
on the principles of equitable geographical representation as well as
rotation.
6. Without prejudice to the other responsibilities conferred upon it by this
Convention, the functions of the Intergovernmental Committee shall be:
(a) to promote the objectives of this Convention and to encourage and monitor
the implementation thereof;
(b) to prepare and submit for approval by the Conference of Parties, upon its
request, the operational guidelines for the implementation and application of
the provisions of the Convention;
(c) to transmit to the Conference of Parties reports from Parties to the
Convention, together with its comments and a summary of their contents;
(d) to make appropriate recommendations to be taken in situations brought to
its attention by Parties to the Convention in accordance with relevant provisions
of the Convention, in particular Article 8;
(e) to establish procedures and other mechanisms for consultation aimed at
promoting the objectives and principles of this Convention in other
international forums;
(f) to perform any other tasks as may be requested by the Conference of
Parties.
7. The Intergovernmental Committee, in accordance with its Rules of
Procedure, may invite at any time public or private organizations or
individuals to participate in its meetings for consultation on specific
issues.
8. The Intergovernmental Committee shall prepare and submit to the Conference
of Parties, for approval, its own Rules of Procedure.
Article 24 – UNESCO Secretariat
1. The organs of the Convention shall be assisted by the UNESCO Secretariat.
2. The Secretariat shall prepare the documentation of the Conference of
Parties and the Intergovernmental Committee as well as the agenda of their
meetings and shall assist in and report on the implementation of their
decisions.
VII. Final clauses
Article 25 – Settlement of disputes
1. In the event of a dispute between Parties to this Convention concerning
the interpretation or the application of the Convention, the Parties shall
seek a solution by negotiation.
2. If the Parties concerned cannot reach agreement by negotiation, they may
jointly seek the good offices of, or request mediation by, a third party.
3. If good offices or mediation are not undertaken or if there is no
settlement by negotiation, good offices or mediation, a Party may have
recourse to conciliation in accordance with the procedure laid down in the
Annex of this Convention. The Parties shall consider in good faith the
proposal made by the Conciliation Commission for the resolution of the
dispute.
4. Each Party may, at the time of ratification, acceptance, approval or
accession, declare that it does not recognize 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 Member States of UNESCO in accordance with their respective
constitutional procedures.
2. The instruments of ratification, acceptance, approval or accession shall
be deposited with the Director-General of UNESCO.
Article 27 – Accession
1. This Convention shall be open to accession by all States not Members of
UNESCO but members of the United Nations, or of any of its specialized
agencies, that are invited by the General Conference of UNESCO to accede to
it.
2. This Convention shall also be open to accession by territories which enjoy
full internal self-government recognized as such by the United Nations, but
which have not attained full independence in accordance with General Assembly
resolution 1514 (XV), and which have competence over the matters governed by
this Convention, including the competence to enter into treaties in respect
of such matters.
3. The following provisions apply to regional economic integration
organizations:
(a) This Convention shall also be open to accession by any regional economic
integration organization, which shall, except as provided below, be fully
bound by the provisions of the Convention in the same manner as States
Parties;
(b) In the event that one or more Member States of such an organization is
also Party to this Convention, the organization and such Member State or
States shall decide on their responsibility for the performance of their
obligations under this Convention. Such distribution of responsibility shall
take effect following completion of the notification procedure described in
subparagraph (c). The organization and the Member States shall not be
entitled to exercise rights under this Convention concurrently. In addition,
regional economic integration organizations, in matters within their
competence, shall exercise their rights to vote with a number of votes equal
to the number of their Member States that are Parties to this Convention.
Such an organization shall not exercise its right to vote if any of its
Member States exercises its right, and vice-versa;
(c) A regional economic integration organization and its Member State or
States which have agreed on a distribution of responsibilities as provided in
subparagraph (b) shall inform the Parties of any such proposed distribution
of responsibilities in the following manner:
(i) in their instrument of accession, such organization shall declare with
specificity, the distribution of their responsibilities with respect to
matters governed by the Convention;
(ii) in the event of any later modification of their respective
responsibilities, the regional economic integration organization shall inform
the depositary of any such proposed modification of their respective
responsibilities; the depositary shall in turn inform the Parties of such
modification;
(d) Member States of a regional economic integration organization which
become Parties to this Convention shall be presumed to retain competence over
all matters in respect of which transfers of competence to the organization
have not been specifically declared or informed to the depositary;
(e) “Regional economic integration organization†means an organization
constituted by sovereign States, members of the United Nations or of any of
its specialized agencies, to which those States have transferred competence
in respect of matters governed by this Convention and which has been duly
authorized, in accordance with its internal procedures, to become a Party to
it.
4. The instrument of accession shall be deposited with the Director-General
of UNESCO.
Article 28 – Point of contact
Upon becoming Parties to this Convention, each Party shall designate a point
of contact as referred to in Article 9.
Article 29 – Entry into force
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 those States or regional economic
integration organizations that have deposited their respective instruments of
ratification, acceptance, approval, or accession on or before that date. It
shall enter into force with respect to any other Party three months after the
deposit of its instrument of ratification, acceptance, approval or accession.
2. For the purposes of this Article, any instrument deposited by a regional
economic integration organization shall not be counted as additional to those
deposited by Member States of the organization.
Article 30 – Federal or non-unitary constitutional systems
Recognizing that international agreements are equally binding on Parties
regardless of their constitutional systems, the following provisions shall
apply to Parties which have a federal or non-unitary constitutional system:
(a) with regard to the provisions of this Convention, the implementation of
which comes under the legal jurisdiction of the federal or central
legislative power, the obligations of the federal or central government shall
be the same as for those Parties which are not federal States;
(b) with regard to the provisions of the Convention, the implementation of
which comes under the jurisdiction of individual constituent units such as
States, counties, provinces, or cantons which are not obliged by the
constitutional system of the federation to take legislative measures, the
federal government shall inform, as necessary, the competent authorities of
constituent units such as States, counties, provinces or cantons of the said
provisions, with its recommendation for their adoption.
Article 31 – Denunciation
1. Any Party to this Convention may denounce this Convention.
2. The denunciation shall be notified by an instrument in writing deposited
with the Director-General of UNESCO.
3. The denunciation shall take effect 12 months after the receipt of the
instrument of denunciation. It shall in no way affect the financial
obligations of the Party denouncing the Convention until the date on which
the withdrawal takes effect.
Article 32 – Depositary functions
The Director-General of UNESCO, as the depositary of this Convention, shall
inform the Member States of the Organization, the States not members of the
Organization and regional economic integration organizations referred to in
Article 27, as well as the United Nations, of the deposit of all the
instruments of ratification, acceptance, approval or accession provided for
in Articles 26 and 27, and of the denunciations provided for in Article 31.
Article 33 – Amendments
1. A Party to this Convention may, by written communication addressed to the
Director-General, propose amendments to this Convention. The Director-General
shall circulate such communication to all Parties. If, within six months from
the date of dispatch of the communication, no less than one half of the
Parties reply favourably to the request, the Director-General shall present
such proposal to the next session of the Conference of Parties for discussion
and possible adoption.
2. Amendments shall be adopted by a two-thirds majority of Parties present
and voting.
3. Once adopted, amendments to this Convention shall be submitted to the
Parties for ratification, acceptance, approval or accession.
4. For Parties which have ratified, accepted, approved or acceded to them,
amendments to this Convention shall enter into force three months after the
deposit of the instruments referred to in paragraph 3 of this Article by
two-thirds of the Parties. Thereafter, for each Party that ratifies, accepts,
approves or accedes to an amendment, the said amendment shall enter into
force three months after the date of deposit by that Party of its instrument
of ratification, acceptance, approval or accession.
5. The procedure set out in paragraphs 3 and 4 shall not apply to amendments
to Article 23 concerning the number of Members of the Intergovernmental
Committee. These amendments shall enter into force at the time they are
adopted.
6. A State or a regional economic integration organization referred to in
Article 27 which becomes a Party to this Convention after the entry into
force of amendments in conformity with paragraph 4 of this Article shall,
failing an expression of different intention, be considered to be:
(a) Party to this Convention as so amended; and
(b) a Party to the unamended Convention in relation to any Party not bound by
the amendments.
Article 34 – Authoritative texts
This Convention has been drawn up in Arabic, Chinese, English, French,
Russian and Spanish, all six texts being equally authoritative.
Article 35 – Registration
In conformity with Article 102 of the Charter of the United Nations, this
Convention shall be registered with the Secretariat of the United Nations at
the request of the Director-General of UNESCO.
ANNEX
Conciliation Procedure
Article 1 – Conciliation Commission
A Conciliation Commission shall be created upon the request of one of the
Parties to the dispute. The Commission shall, unless the Parties otherwise
agree, be composed of five members, two appointed by each Party concerned and
a President chosen jointly by those members.
Article 2 – Members of the Commission
In disputes between more than two Parties, Parties in the same interest shall
appoint their members of the Commission jointly by agreement. Where two or
more Parties have separate interests or there is a disagreement as to whether
they are of the same interest, they shall appoint their members separately.
Article 3 – Appointments
If any appointments by the Parties are not made within two months of the date
of the request to create a Conciliation Commission, the Director-General of
UNESCO shall, if asked to do so by the Party that made the request, make
those appointments within a further two-month period.
Article 4 – President of the Commission
If a President of the Conciliation Commission has not been chosen within two
months of the last of the members of the Commission being appointed, the
Director-General of UNESCO shall, if asked to do so by a Party, designate a
President within a further two-month period.
Article 5 – Decisions
The Conciliation Commission shall take its decisions by majority vote of its
members. It shall, unless the Parties to the dispute otherwise agree,
determine its own procedure. It shall render a proposal for resolution of the
dispute, which the Parties shall consider in good faith.
Article 6 – Disagreement
A disagreement as to whether the Conciliation Commission has competence shall
be decided by the Commission.
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