U
CONVENTION ON THE PROTECTION AND PROMOTION
OF THE DIVERSITY OF CULTURAL EXPRESSIONS
Paris, 20 October 2005
CLT-2005/CONVENTION DIVERSITE-CULT REV.
CONVENTION ON THE PROTECTION AND PROMOTION
OF THE DIVERSITY OF CULTURAL EXPRESSIONS
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,
­ 2 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;
­ 3 (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 ­
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.
­ 5 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.
­ 6 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.
­ 7 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;
­ 8 (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:
­ 9 (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.
­ 10 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 Fund", 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.
­ 11 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.
­ 12 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 Committee",
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;
­ 13 (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.
­ 14 ­
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:
­ 15 (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,
­ 16 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.
­ 17 ­
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 DirectorGeneral
of UNESCO.
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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 twomonth
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.