UNESCO (Vol. 2): Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948-2006) (UNESCO Reference Works)

STANDARD-SETTING IN UNESCO STANDARD-SETTING IN UNESCO Volume II CONVENTIONS, RECOMMENDATIONS, DECLARATIONS AND CHART...

Author: UNESCO

31 downloads 601 Views 3MB Size Report

This content was uploaded by our users and we assume good faith they have the permission to share this book. If you own the copyright to this book and it is wrongfully on our website, we offer a simple DMCA procedure to remove your content from our site. Start by pressing the button below!

Report copyright / DMCA form

DOWNLOAD PDF

STANDARD-SETTING IN UNESCO

STANDARD-SETTING IN UNESCO Volume II

CONVENTIONS, RECOMMENDATIONS, DECLARATIONS AND CHARTERS ADOPTED BY UNESCO (1948–2006)

UNESCO Publishing

MARTINUS NIJHOFF PUBLISHERS Leiden / Boston

The designations employed and the presentation of material throughout this publication do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.

Published jointly in 2007 by the United Nations Educational, Scientiﬁc and Cultural Organization 7, place de Fontenoy, 75352 Paris 07 SP, France and Koninklijke Brill NV, P.O. Box 9000, 2300 PA Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Hotei Publishing, IDC Publishers, Martinus Nijhoﬀ Publishers and VSP. Typesetting by UNESCO Publications/Roberti C. Rossi

ISBN UNESCO 978-92-3-104068-9 ISBN Koninklijke Brill NV 978-90-04-16454-3

© UNESCO 2007 All rights reserved No part of this publication may be reproduced, translated, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the co-publishers. Printed in The Netherlands This book is printed on acid-free paper. Library of Congress Cataloging-in-Publication data: A Cataloging-in-Publication record for this book is available from the Library of Congress.

CONTENTS

PART I CONVENTIONS AND AGREEMENTS OF A STANDARD-SETTING NATURE ADOPTED EITHER BY THE GENERAL CONFERENCE OR BY INTERGOVERNMENTAL CONFERENCES CONVENED SOLELY BY UNESCO OR JOINTLY WITH OTHER INTERNATIONAL ORGANIZATIONS Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientiﬁc and Cultural Character, with Protocol of Signature and model form of certiﬁcate provided for in Article IV of the abovementioned Agreement Beirut, 10 December 1948 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Agreement on the Importation of Educational, Scientiﬁc and Cultural Materials, with Annexes A to E and Protocol annexed Florence, 17 June 1950 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Universal Copyright Convention, with Appendix Declaration relating to Article XVII and Resolution concerning Article XI Geneva, 6 September 1952 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Protocol 1 annexed to the Universal Copyright Convention, concerning the application of that Convention to the works of stateless persons and refugees Geneva, 6 September 1952 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Protocol 2 annexed to the Universal Copyright Convention, concerning the application of that Convention to the works of certain international organizations Geneva, 6 September 1952 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

6 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Protocol 3 annexed to the Universal Copyright Convention, concerning the eﬀective date of instruments of ratiﬁcation or acceptance of, or accession to, that Convention Geneva, 6 September 1952 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Convention for the Protection of Cultural Property in the Event of Armed Conﬂict, with Regulations for the Execution of the Convention The Hague, 14 May 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conﬂict The Hague, 14 May 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Convention concerning the International Exchange of Publications Paris, 3 December 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Convention concerning the Exchange of Oﬃcial Publications and Government Documents between States Paris, 3 December 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Convention against Discrimination in Education Paris, 14 December 1960 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations Rome, 26 October 1961 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Protocol Instituting a Conciliation and Good Oﬃces Commission to be Responsible for Seeking the Settlement of any Disputes which May Arise between States Parties to the Convention against Discrimination in Education Paris, 10 December 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property Paris, 14 November 1970 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Universal Copyright Convention as revised on 24 July 1971, with Appendix Declaration relating to Article XVII and Resolution concerning Article XI Paris, 24 July 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Protocol 1 annexed to the Universal Copyright Convention as revised on 24 July 1971, concerning the application of that Convention to work of stateless persons and refugees Paris, 24 July 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Protocol 2 annexed to the Universal Copyright Convention as revised on 24 July 1971, concerning the application of that Convention to works of certain international organizations Paris, 24 July 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129

Contents 7

Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms Geneva, 29 October 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Convention concerning the Protection of the World Cultural and Natural Heritage Paris, 16 November 1972 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Convention relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite Brussels, 21 May 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean Mexico City, 19 July 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 Protocol to the Agreement on the Importation of Educational, Scientiﬁc and Cultural Materials, with Annexes A to H Nairobi, 26 November 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 International Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab and European States bordering on the Mediterranean Nice, 17 December 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab States Paris, 22 December 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties, with model bilateral agreement and additional Protocol Madrid, 13 December 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region Paris, 21 December 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 Regional Convention on the Recognition of Studies, Certiﬁcates, Diplomas, Degrees and other Academic Qualiﬁcations in Higher Education in the African States Arusha, 5 December 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 Regional Convention on the Recognition of Studies, Diplomas, and Degrees in Higher Education in Asia and the Paciﬁc Bangkok, 16 December 1983 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 Convention on Technical and Vocational Education Paris, 10 November 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 Convention on the Recognition of Qualiﬁcations concerning Higher Education in the European Region Lisbon, 11 April 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245

8 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conﬂict The Hague, 26 March 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 Convention on the Protection of the Underwater Cultural Heritage Paris, 2 November 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 Convention on the Safeguarding of the Intangible Cultural Heritage Paris, 17 October 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 International Convention against Doping in Sport Paris, 19 October 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311 Convention on the Protection and Promotion of the Diversity of Cultural Expressions Paris, 20 October 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326

PART II RECOMMENDATIONS ADOPTED BY THE GENERAL CONFERENCE

Recommendation in International Principles Applicable to Archaeological Excavations 5 December 1956 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345 Recommendation concerning the Most Eﬀective Means of Rendering Museums Accessible to Everyone 14 December 1960 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353 Recommendation against Discrimination in Education 14 December 1960 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357 Recommendation concerning the Safeguarding of the Beauty and Character of Landscapes and Sites 11 December 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361 Recommendation concerning the International Standardization of Statistics relating to Book Production and Periodicals 19 November 1964 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368

Contents 9

Recommendation on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 19 November 1964 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377 Recommendation concerning the Status of Teachers 5 October 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382 Recommendation concerning the Preservation of Cultural Property Endangered by Public or Private Works 19 November 1968 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 Recommendation concerning the International Standardization of Library Statistics 13 November 1970 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411 Recommendation concerning the Protection, at National Level, of the Cultural and Natural Heritage 16 November 1972 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417 Recommendation concerning Education for International Understanding, Cooperation and Peace and Education relating to Human Rights and Fundamental Freedoms 19 November 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428 Recommendation on the Status of Scientiﬁc Researchers 20 November 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439 Recommendation on the Legal Protection of Translators and Translations and the Practical Means to Improve the Status of Translators 22 November 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454 Recommendation concerning the International Standardization of Statistics on Radio and Television 22 November 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460 Recommendation on the Development of Adult Education 26 November 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470 Recommendation on Participation by the People at Large in Cultural Life and Their Contribution to It 26 November 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 487 Recommendation concerning the International Exchange of Cultural Property 26 November 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 501 Recommendation concerning the Safeguarding and Contemporary Role of Historic Areas 26 November 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506

10

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Revised Recommendation concerning International Competitions in Architecture and Town Planning 27 November 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 518 Revised Recommendation concerning the International Standardization of Educational Statistics 27 November 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528 Recommendation concerning the International Standardization of Statistics on Science and Technology 27 November 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534 Recommendation for the Protection of Movable Cultural Property 28 November 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 549 Recommendation concerning the Status of the Artist 27 October 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 559 Recommendation for the Safeguarding and Preservation of Moving Images 27 October 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 576 Recommendation concerning the International Standardization of Statistics on the Public Financing of Cultural Activities 27 October 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585 Revised Recommendation concerning the International Standardization of Statistics on the Production and Distribution of Books, Newspapers and Periodicals 1 November 1985 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593 Recommendation on the Safeguarding of Traditional Culture and Folklore 15 November 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605 Recommendation on the Recognition of Studies and Qualiﬁcations in Higher Education 13 November 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 610 Recommendation concerning the Status of Higher-Education Teaching Personnel 11 November 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 617 Revised Recommendation concerning Technical and Vocational Education 2 November 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 636 Recommendation on the Promotion and Use of Multilingualism and Universal Access to Cyberspace 15 October 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 660

Contents 11

PART III DECLARATIONS ADOPTED BY THE GENERAL CONFERENCE Declaration of the Principles of International Cultural Cooperation 4 November 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 669 Declaration of Guiding Principles on the Use of Satellite Broadcasting for the Free Flow of Information, the Spread of Education and Greater Cultural Exchange 15 November 1972 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 672 International Charter of Physical Education and Sport 21 November 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 676 Declaration on Race and Racial Prejudice 27 November 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 681 Declaration on Fundamental Principles concerning the Contribution of the Mass Media to Strengthening Peace and International Understanding, to the Promotion of Human Rights and Countering Racialism, Apartheid and Incitement to War 28 November 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 687 Declaration of Principles on Tolerance 16 November 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 692 Universal Declaration on the Human Genome and Human Rights 11 November 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 696 Declaration on the Responsibilities of the Present Generations towards Future Generations 12 November 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 703 UNESCO Universal Declaration on Cultural Diversity 2 November 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 707 Charter on the Preservation of Digital Heritage 15 October 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 713 International Declaration on Human Genetic Data 16 October 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 718 UNESCO Declaration concerning the Intentional Destruction of Cultural Heritage 17 October 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 729 Universal Declaration on Bioethics and Human Rights 19 October 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 733

12

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

ANNEXES Constitution of the United Nations Educational, Scientiﬁc and Cultural Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 743 Rules of Procedure concerning recommendations to Member States and international conventions covered by the terms of Article IV, paragraph 4, of the Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 754 Multi-stage procedure for the elaboration, examination, adoption and follow-up of declarations, charters and similar standard-setting instruments adopted by the General Conference and not covered by the Rules of Procedure concerning recommendations to Member States and international conventions covered by the terms of Article IV, paragraph 4, of the Constitution . . . . . . . . . . . . . . . . . . . . . . 759

CONVENTIONS, RECOMMENDATIONS, DECLARATIONS AND CHARTERS ADOPTED BY UNESCO (1948–2006)

PART I CONVENTIONS AND AGREEMENTS OF A STANDARD-SETTING NATURE ADOPTED EITHER BY THE GENERAL CONFERENCE OR BY INTERGOVERNMENTAL CONFERENCES CONVENED SOLELY BY UNESCO OR JOINTLY WITH OTHER INTERNATIONAL ORGANIZATIONS

Conventions and Agreements of a Standard-setting Nature

17

Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientiﬁc and Cultural Character, with Protocol of Signature and model form of certiﬁcate provided for in Article IV of the above-mentioned Agreement adopted by the General Conference of UNESCO at its 3rd session, Beirut, 10 December 1948 The governments of the States signatory to the present Agreement, Being convinced that in facilitating the international circulation of visual and auditory materials of an educational, scientiﬁc and cultural character, the free ﬂow of ideas by word and image will be promoted and the mutual understanding of peoples thereby encouraged, in conformity with the aims of the United Nations Educational, Scientiﬁc and Cultural Organization, Have agreed as follows:

Article I The present Agreement shall apply to visual and auditory materials of the types speciﬁed in Article II which are of an educational, scientiﬁc or cultural character. Visual and auditory materials shall be deemed to be of an educational, scientiﬁc and cultural character: (a) when their primary purpose or eﬀect is to instruct or inform through the development of a subject or aspect of a subject, or when their content is such as to maintain, increase or diffuse knowledge, and augment international understanding and goodwill; and (b) when the materials are representative, authentic, and accurate; and (c) when the technical quality is such that it does not interfere with the use made of the material.

Article II The provisions of the preceding Article shall apply to visual and auditory materials of the following types and forms: (a) ﬁlms, ﬁlmstrips and microﬁlm in either negative form, exposed and developed, or positive form, printed and developed; (b) sound recordings of all types and forms; (c) glass slides; models, static and moving; wall charts, maps and posters. These materials are hereinafter referred to as ‘material’.

18

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article III 1. Each of the Contracting States shall accord, within six months from the coming into force of the present Agreement with respect to that State, exemption from all customs duties and quantitative restrictions and from the necessity of applying for an import licence in respect of the importation, either permanent or temporary, of material originating in the territory of any of the other Contracting States. 2. Nothing in this Agreement shall exempt material from those taxes, fees, charges or exactions which are imposed on the import of all Articles without exception and without regard to their nature and origin, even though such Articles are exempt from customs duties; such taxes, fees and exactions shall include, but are not limited to, nominal statistical fees and stamp duties. 3. Material entitled to the privileges provided by paragraph 1 of this Article shall be exempt, in the territory of the country of entry, from all internal taxes, fees, charges or exactions other or higher than those imposed on like products of that country, and shall be accorded treatment no less favourable than that accorded like products of that country in respect of all internal laws, regulations or requirements aﬀecting its sale, transportation or distribution or aﬀecting its processing, exhibition or other use. 4. Nothing in this Agreement shall require any Contracting State to deny the treatment provided for in this Article to like material of an educational, scientiﬁc or cultural character originating in any State not a party to this Agreement in any case in which the denial of such treatment would be contrary to an international obligation or to the commercial policy of such Contracting State.

Article IV 1. To obtain the exemption provided under the present Agreement for material for which admission into the territory of a Contracting State is sought, a certiﬁcate that such material is of an educational, scientiﬁc or cultural character, within the meaning of Article I, shall be ﬁled in connection with the entry. 2. The certiﬁcate shall be issued by the appropriate governmental agency of the State wherein the material to which the certiﬁcate relates originated, or by the United Nations Educational, Scientiﬁc and Cultural Organization as provided for in paragraph 3 of this Article, and in the forms annexed hereto. The prescribed forms of certiﬁcate may be amended or revised upon mutual agreement of the Contracting States, provided such amendment or revision is in conformity with the provisions of this Agreement. 3. Certiﬁcates shall be issued by the United Nations Educational, Scientiﬁc and Cultural Organization for material of educational, scientiﬁc or cultural character produced by international organizations recognized by the United Nations or by any of the Specialized Agencies. 4. On the ﬁling of any such certiﬁcate, there will be a decision by the appropriate governmental agency of the Contracting State into which entry is sought as to whether the material is entitled to the privilege provided by Article III, paragraph 1, of the

Conventions and Agreements of a Standard-setting Nature

19

present Agreement. This decision shall be made after consideration of the material and through the application of the standards provided in Article I. If, as a result of that consideration, such agency of the Contracting State into which entry is sought intends not to grant the privileges provided by Article III, paragraph 1, to that material because it does not concede its educational, scientiﬁc and cultural character, the government of the State which certiﬁed the material, or UNESCO, as the case may be, shall be notiﬁed prior to any ﬁnal decision in order that it may make friendly representations in support of the exemption of that material to the government of the other State into which entry is sought. 5. The governmental agency of the Contracting State into which entry is sought shall be entitled to impose regulations upon the importer of the material to ensure that it shall only be exhibited or used for non-proﬁt-making purposes. 6. The decision of the appropriate governmental agency of the Contracting State into which entry is sought, provided for in paragraph 4 of this Article, shall be ﬁnal; but, in making its decision, said agency shall give due consideration to any representations made to it by the government certifying the material or by UNESCO, as the case may be.

Article V Nothing in the present Agreement shall aﬀect the right of the Contracting States to censor material in accordance with their own laws or to adopt measures to prohibit or limit the importation of material for reasons of public security or order.

Article VI Each of the Contracting States shall send to the United Nations Educational, Scientiﬁc and Cultural Organization a copy of each certiﬁcate which it issues to material originating within its own territory and shall inform the United Nations Educational, Scientiﬁc and Cultural Organization of the decisions taken and the reasons for any refusals in respect of certiﬁed materials from other Contracting States for which entry is sought into its own territory. The United Nations Educational, Scientiﬁc and Cultural Organization shall communicate this information to all Contracting States and shall maintain and publish, in English and French, catalogues of material showing all the certiﬁcations and decisions made in respect of them.

Article VII The Contracting States undertake jointly to consider means of reducing to a minimum the restrictions that are not removed by the present Agreement, which might interfere with the international circulation of the material referred to in Article I.

Article VIII Each Contracting State shall communicate to the United Nations Educational, Scientiﬁc and Cultural Organization, within the period of six months following the coming into force of the present Agreement, the measures taken in their respective territories to ensure the

20

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

execution of the provisions of the present Agreement. The United Nations Educational, Scientiﬁc and Cultural Organization shall communicate this information as it receives it to all Contracting States.

Article IX 1. All disputes arising out of the interpretation or application of the present Agreement between States which are both parties to the Statute of the International Court of Justice, except as to Articles IV and V, shall be referred to the International Court of Justice unless in any speciﬁc case it is agreed by the parties to have recourse to another mode of settlement. 2. If the Contracting States between which a dispute has arisen are not parties or any one of them is not party to the Statute of the International Court of Justice, the dispute shall, if the States concerned so desire, be submitted, in accordance with the constitutional rules of each of them, to an arbitral tribunal established in conformity with the Convention for the Paciﬁc Settlement of International Disputes signed at The Hague on 18 October 1907, or to any other arbitral tribunal.

Article X The present Agreement is open to acceptance by the signatory States. The instrument of acceptance shall be deposited with the Secretary-General of the United Nations, who shall notify all the Members of the United Nations of each deposit and the date thereof.

Article XI 1. On or after 1 January 1950, any Member of the United Nations not a signatory to the present Agreement, and any non-member State to which a certiﬁed copy of the present Agreement has been communicated by the Secretary-General of the United Nations, may accede to it. 2. The instrument of accession shall be deposited with the Secretary-General of the United Nations, who shall notify all the Members of the United Nations and the nonmember States, referred to in the preceding paragraph, of each deposit and the date thereof.

Article XII 1. The present Agreement shall come into force ninety days after the Secretary-General of the United Nations has received at least ten instruments of acceptance or accession in accordance with Article X or Article XI. As soon as possible thereafter, the SecretaryGeneral shall draw up a procès-verbal specifying the date on which, in accordance with this paragraph, the present Agreement shall have come into force. 2. In respect of each State on behalf of which an instrument of acceptance or accession is subsequently deposited, the present Agreement shall come into force ninety days after the date of the deposit of such instrument.

Conventions and Agreements of a Standard-setting Nature

21

3. The present Agreement shall be registered with the Secretary-General of the United Nations on the day of its entry into force in accordance with Article 102 of the Charter and the regulations made thereunder by the General Assembly.

Article XIII 1. The present Agreement may be denounced by any Contracting State after the expiration of a period of three years from the date on which it comes into force in respect of that particular State. 2. The denunciation of the Agreement by any Contracting States shall be eﬀected by a written notiﬁcation addressed by that State to the Secretary-General of the United Nations, who shall notify all the Members of the United Nations, and all non-member States referred to in Article XI, of each notiﬁcation and the date of the receipt thereof. 3. The denunciation shall take eﬀect one year after the receipt of the notiﬁcation by the Secretary-General of the United Nations.

Article XIV 1. Any Contracting State may declare, at the time of signature, acceptance, or accession, that in accepting the present Agreement it is not assuming any obligation in respect of all or any territories, for which such Contracting State has international obligations. The present Agreement shall, in that case, not be applicable to the territories named in the declaration. 2. The Contracting States in accepting the present Agreement do not assume responsibility in respect of any or all non-self-governing territories for which they are responsible but may notify the acceptance of the Agreement by any or all of such territories at the time of acceptance by such Contracting States or at any time thereafter. The present Agreement shall, in such cases, apply to all the territories named in the notiﬁcation ninety days after the receipt thereof by the Secretary-General of the United Nations. 3. Any Contracting State may at any time after the expiration of the period of three years provided for in Article XIII declare that it desires the present Agreement to cease to apply to all or any territories for which such Contracting State has international obligations or to any or all non-self-governing territories for which it is responsible. The present Agreement shall, in that case, cease to apply to the territories named in the declaration six months after the receipt thereof by the Secretary-General of the United Nations. 4. The Secretary-General of the United Nations shall communicate to all the Members of the United Nations and to all non-member States referred to in Article XI the declarations and notiﬁcations received in virtue of the present Article, together with the dates of the receipt thereof.

Article XV Nothing in this Agreement shall be deemed to prohibit the Contracting States from entering into agreements or arrangements with the United Nations or any of its Specialized

22

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Agencies which would provide for facilities, exemptions, privileges or immunities with respect to material emanating from or sponsored by the United Nations or by any of its Specialized Agencies.

Article XVI The original of the present Agreement shall be deposited in the archives of the United Nations and shall be opened for signature at Lake Success on 15 July 1949, where it shall remain open for signature until 31 December 1949. Certiﬁed copies of the present Agreement shall be furnished by the Secretary-General of the United Nations to each of the Members of the United Nations and to such other governments as may be designated by agreement between the Economic and Social Council of the United Nations and the Executive Board of the United Nations Educational, Scientific and Cultural Organization. IN WITNESS WHEREOF, the undersigned plenipotentiaries, having deposited their full powers found to be in due and proper form, sign the present Agreement in the English and French languages, each being equally authentic, on behalf of their respective governments, on the dates appearing opposite their respective signatures.

Protocol of signature At the moment of signing the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientiﬁc and Cultural Character, the undersigned plenipotentiaries have agreed as follows: 1. The Secretary-General of the United Nations shall attach to the original text of the Agreement the model forms of certiﬁcates referred to in Article IV, which are being submitted for approval to the States Members of the United Nations Educational, Scientiﬁc and Cultural Organization, as soon as they are transmitted to him for that purpose by the Director-General of this Organization. The Secretary-General shall then draw up a procès-verbal to that eﬀect and shall communicate to the governments of the States concerned a copy of the procès-verbal and of the model forms of certiﬁcates transmitted to him. 2. Pending the conclusion of the agreement referred to in Article XVI, the SecretaryGeneral shall transmit certiﬁed true copies of the Agreement to the non-member States designated by the Executive Board of the United Nations Educational, Scientiﬁc and Cultural Organization. IN FAITH WHEREOF, the plenipotentiaries have signed the present Protocol in the English and French languages, each being equally authentic, on the dates appearing opposite their respective signatures.

Conventions and Agreements of a Standard-setting Nature

23

Agreement on the Importation of Educational, Scientiﬁc and Cultural Materials, with Annexes A to E and Protocol annexed adopted by the General Conference of UNESCO at its 5th session, Florence, 17 June 1950 Preamble The Contracting States, Considering that the free exchange of ideas and knowledge and, in general, the widest possible dissemination of the diverse forms of self-expression used by civilizations are vitally important both for intellectual progress and international understanding, and consequently for the maintenance of world peace, Considering that this interchange is accomplished primarily by means of books, publications and educational, scientiﬁc and cultural materials, Considering that the Constitution of the United Nations Educational, Scientiﬁc and Cultural Organization urges cooperation between nations in all branches of intellectual activity, including ‘the exchange of publications, objects of artistic and scientiﬁc interest and other materials of information’ and provides further that the Organization shall ‘collaborate in the work of advancing the mutual knowledge and understanding of peoples, through all means of mass communication and to that end recommend such international agreements as may be necessary to promote the free ﬂow of ideas by word and image’, Recognize that these aims will be eﬀectively furthered by an international agreement facilitating the free ﬂow of books, publications and educational, scientiﬁc and cultural materials, and Have, therefore, agreed to the following provisions:

Article I 1. The Contracting States undertake not to apply customs duties or other charges on, or in connection with, the importation of: (a) books, publications and documents, listed in Annex A to this Agreement; (b) educational, scientiﬁc and cultural materials, listed in Annexes B, C, D and E to this Agreement; which are the products of another Contracting State, subject to the conditions laid down in those Annexes. 2. The provisions of paragraph 1 of this Article shall not prevent any Contracting State from levying on imported materials:

24

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(a)

(b)

internal taxes or any other internal charges of any kind, imposed at the time of importation or subsequently, not exceeding those applied directly or indirectly to like domestic products; fees and charges, other than customs duties, imposed by governmental authorities on, or in connection with, importation, limited in amount to the approximate cost of the services rendered, and representing neither an indirect protection to domestic products nor a taxation of imports for revenue purposes.

Article II 1. The Contracting States undertake to grant the necessary licences and/or foreign exchange for the importation of the following Articles: (a) books and publications consigned to public libraries and collections and to the libraries and collections of public, educational, research or cultural institutions; (b) oﬃcial government publications, that is, oﬃcial, parliamentary and administrative documents published in their country of origin; (c) books and publications of the United Nations or any of its Specialized Agencies; (d) books and publications received by the United Nations Educational, Scientiﬁc and Cultural Organization and distributed free of charge by it or under its supervision; (e) publications intended to promote tourist travel outside the country of importation, sent and distributed free of charge; (f) articles for the blind: (i) books, publications and documents of all kinds in raised characters for the blind; (ii) other articles specially designed for the educational, scientiﬁc or cultural advancement of the blind, which are imported directly by institutions or organizations concerned with the welfare of the blind, approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles. 2. The Contracting States which at any time apply quantitative restrictions and exchange control measures undertake to grant, as far as possible, foreign exchange and licences necessary for the importation of other educational, scientiﬁc or cultural materials, and particularly the materials referred to in the Annexes to this Agreement.

Article III 1. The Contracting States undertake to give every possible facility to the importation of educational, scientiﬁc or cultural materials which are imported exclusively for showing at a public exhibition approved by the competent authorities of the importing country and for subsequent re-exportation. These facilities shall include the granting of the necessary licences and exemption from customs duties and internal taxes and charges of all kinds payable on importation, other than fees and charges corresponding to the approximate cost of services rendered.

Conventions and Agreements of a Standard-setting Nature

25

2. Nothing in this Article shall prevent the authorities of an importing country from taking such steps as may be necessary to ensure that the materials in question shall be re-exported at the close of their exhibition.

Article IV The Contracting States undertake that they will, as far as possible: (a) continue their common eﬀorts to promote by every means the free circulation of educational, scientiﬁc or cultural materials, and abolish or reduce any restrictions to that free circulation which are not referred to in this Agreement; (b) simplify the administrative procedures governing the importation of educational, scientiﬁc or cultural materials; (c) facilitate the expeditious and safe customs clearance of educational, scientiﬁc or cultural materials.

Article V Nothing in this Agreement shall aﬀect the right of Contracting States to take measures, in conformity with their legislation, to prohibit or limit the importation, or the circulation after importation, of articles on grounds relating directly to national security, public order or public morals.

Article VI This Agreement shall not modify or aﬀect the laws and regulations of any Contracting State or any of its international treaties, conventions, agreements or proclamations, with respect to copyright, trademarks or patents.

Article VII Subject to the provisions of any previous conventions to which the Contracting States may have subscribed for the settlement of disputes, the Contracting States undertake to have recourse to negotiation or conciliation, with a view to settlement of any disputes regarding the interpretation or the application of this Agreement.

Article VIII In case of a dispute between Contracting States relating to the educational, scientiﬁc or cultural character of imported materials, the interested Parties may, by common agreement, refer it to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization for an advisory opinion.

Article IX 1. This Agreement, of which the English and French texts are equally authentic, shall bear today’s date and remain open for signature by all Member States of the United Nations Educational, Scientiﬁc and Cultural Organization, all Member States of the

26

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

United Nations and any non-member State to which an invitation may have been addressed by the Executive Board of the United Nations Educational, Scientiﬁc and Cultural Organization. 2. The Agreement shall be ratiﬁed on behalf of the signatory States in accordance with their respective constitutional procedure. 3. The instruments of ratiﬁcation shall be deposited with the Secretary-General of the United Nations.

Article X The States referred to in paragraph 1 of Article IX may accept this Agreement from 22 November 1950. Acceptance shall become eﬀective on the deposit of a formal instrument with the Secretary-General of the United Nations.

Article XI This Agreement shall come into force on the date on which the Secretary-General of the United Nations receives instruments of ratiﬁcation or acceptance from ten States.

Article XII 1. The States Parties to this Agreement on the date of its coming into force shall each take all the necessary measures for its fully eﬀective operation within a period of six months after that date. 2. For States which deposit their instruments of ratiﬁcation or acceptance after the date of the Agreement coming into force, these measures shall be taken within a period of three months from the date of deposit. 3. Within one month of the expiration of the periods mentioned in paragraphs 1 and 2 of this Article, the Contracting States to this Agreement shall submit a report to the United Nations Educational, Scientiﬁc and Cultural Organization of the measures which they have taken for such fully eﬀective operation. 4. The United Nations Educational, Scientiﬁc and Cultural Organization shall transmit this report to all signatory States to this Agreement and to the International Trade Organization (provisionally, to its Interim Commission).

Article XIII Any Contracting State may, at the time of signature or the deposit of its instrument of ratiﬁcation or acceptance, or at any time thereafter, declare by notiﬁcation addressed to the Secretary-General of the United Nations that this Agreement shall extend to all or any of the territories for the conduct of whose foreign relations that Contracting State is responsible.

Conventions and Agreements of a Standard-setting Nature

27

Article XIV 1. Two years after the date of the coming into force of this Agreement, any Contracting State may, on its own behalf or on behalf of any of the territories for the conduct of whose foreign relations that Contracting State is responsible, denounce this Agreement by an instrument in writing deposited with the Secretary-General of the United Nations. 2. The denunciation shall take eﬀect one year after the receipt of the instrument of denunciation.

Article XV The Secretary-General of the United Nations shall inform the States referred to in paragraph 1 of Article IX, as well as the United Nations Educational, Scientiﬁc and Cultural Organization, and the International Trade Organization (provisionally, its Interim Commission), of the deposit of all the instruments of ratiﬁcation and acceptance provided for in Articles IX and X, as well as of the notiﬁcations and denunciations provided for respectively in Articles XIII and XIV.

Article XVI At the request of one-third of the Contracting States to this Agreement, the DirectorGeneral of the United Nations Educational, Scientiﬁc and Cultural Organization shall place on the agenda of the next session of the General Conference of that Organization the question of convoking a meeting for the revision of this Agreement.

Article XVII Annexes A, B, C, D and E, as well as the Protocol annexed to this Agreement are hereby made an integral part of this Agreement.

Article XVIII In accordance with Article 102 of the Charter of the United Nations, this Agreement shall be registered by the Secretary-General of the United Nations on the date of its coming into force. IN FAITH WHEREOF, the undersigned, duly authorized, have signed this Agreement on behalf of their respective governments. Done at Lake Success, New York, this twenty-second day of November, one thousand nine hundred and ﬁfty, in a single copy, which shall remain deposited in the archives of the United Nations, and certiﬁed true copies of which shall be delivered to all the States referred to in paragraph I of Article IX, as well as to the United Nations Educational, Scientiﬁc and Cultural Organization and to the International Trade Organization (provisionally, to its Interim Commission).

28

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Annex A. Books, publications and documents (i) (ii) (iii) (iv)

Printed books. Newspapers and periodicals. Books and documents produced by duplicating processes other than printing. Oﬃcial government publications, that is, oﬃcial, parliamentary and administrative documents published in their country of origin. (v) Travel posters and travel literature (pamphlets, guides, timetables, leaﬂets and similar publications), whether illustrated or not, including those published by private commercial enterprises, whose purpose is to stimulate travel outside the country of importation. (vi) Publications whose purpose is to stimulate study outside the country of importation. (vii) Manuscripts, including typescripts. (viii) Catalogues of books and publications, being books and publications oﬀered for sale by publishers or booksellers established outside the country of importation. (ix) Catalogues of ﬁlms, recordings or other visual and auditory material of an educational, scientiﬁc or cultural character, being catalogues issued by or on behalf of the United Nations or any of its Specialized Agencies. (x) Music in manuscript or printed form, or reproduced by duplicating processes other than printing. (xi) Geographical, hydrographical or astronomical maps and charts. (xii) Architectural, industrial or engineering plans and designs, and reproductions thereof, intended for study in scientiﬁc establishments or educational institutions approved by the competent authorities of the importing country for the purpose of duty-free admission of these types of articles.

The exemptions provided by Annex A shall not apply to: (a) stationery; (b) books, publications and documents (except catalogues, travel posters and travel literature referred to above) published by or for a private commercial enterprise, essentially for advertising purposes; (c) newspapers and periodicals in which the advertising matter is in excess of 70 per cent by space; (d) all other items (except catalogues referred to above) in which the advertising matter is in excess of 25 per cent by space; in the case of travel posters and literature, this percentage shall apply only to private commercial advertising matter.

Annex B. Works of art and collectors’ pieces of an educational, scientiﬁc or cultural character (i) (ii)

Paintings and drawings, including copies, executed entirely by hand, but excluding manufactured decorated wares. Hand-printed impressions, produced from hand-engraved or hand-etched blocks, plates or other material, and signed and numbered by the artist.

Conventions and Agreements of a Standard-setting Nature

(iii)

(iv)

(v)

(vi)

29

Original works of art of statuary or sculpture, whether in the round, in relief, or in intaglio, excluding mass-produced reproductions and works of conventional craftsmanship of a commercial character. Collectors’ pieces and objects of art consigned to public galleries, museums and other public institutions, approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles, not intended for resale. Collections and collectors’ pieces in such scientiﬁc ﬁelds as anatomy, zoology, botany, mineralogy, palaeontology, archaeology and ethnography, not intended for resale. Antiques, being articles in excess of 100 years of age.

Annex C. Visual and auditory materials of an educational, scientiﬁc or cultural character (i)

(ii)

(iii)

(iv)

(v)

Films, ﬁlmstrips, microﬁlms and slides, of an educational, scientiﬁc or cultural character, when imported by organizations (including, at the discretion of the importing country, broadcasting organizations), approved by the competent authorities of the importing country for the purpose of duty-free admission of these types of articles, exclusively for exhibition by these organizations or by other public or private educational, scientiﬁc or cultural institutions or societies approved by the aforesaid authorities. Newsreels (with or without sound track) depicting events of current news value at the time of importation, and imported in either negative form, exposed and developed, or positive form, printed and developed, when imported by organizations (including, at the discretion of the importing country, broadcasting organization) approved by the competent authorities of the importing country for the purpose of duty-free admission of such ﬁlms, provided that free entry may be limited to two copies of each subject for copying purposes. Sound recordings of an educational, scientiﬁc or cultural character for use exclusively in public or private educational, scientiﬁc or cultural institutions or societies (including, at the discretion of the importing country, broadcasting organizations) approved by the competent authorities of the importing country for the purpose of duty-free admission of these types of articles. Films, ﬁlmstrips, microﬁlms and sound recordings of an educational, scientiﬁc or cultural character produced by the United Nations or any of its Specialized Agencies. Patterns, models and wall charts for use exclusively for demonstrating and teaching purposes in public or private educational, scientiﬁc or cultural institutions approved by the competent authorities of the importing country for the purpose of duty-free admission of these types of articles.

Annex D. Scientiﬁc instruments or apparatus Scientiﬁc instruments or apparatus, intended exclusively for educational purposes or pure scientiﬁc research, provided:

30

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(a)

(b)

that such scientiﬁc instruments or apparatus are consigned to public or private scientiﬁc or educational institutions approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles, and used under the control and responsibility of these institutions; that instruments or apparatus of equivalent scientific value are not being manufactured in the country of importation.

Annex E. Articles for the blind (i) (ii)

Books, publications and documents of all kinds in raised characters for the blind. Other articles specially designed for the educational, scientific or cultural advancement of the blind, which are imported directly by institutions or organizations concerned with the welfare of the blind, approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles.

Protocol annexed to the Agreement on the Importation of Educational, Scientiﬁc and Cultural Materials The Contracting States, In the interest of facilitating the participation of the United States of America in the Agreement on the Importation of Educational, Scientiﬁc and Cultural Materials, have agreed to the following: 1. The United States of America shall have the option of ratifying this Agreement, under Article IX, or of accepting it, under Article X, with the, inclusion of the reservation hereunder. 2. In the event of the United States of America becoming party to this Agreement with the reservation provided for in the preceding paragraph 1, the provisions of that reservation may be invoked by the Government of the United States of America with regard to any of the Contracting States to this Agreement, or by any Contracting State with regard to the United States of America, provided that any measure imposed pursuant to such reservation shall be applied on a non-discriminatory basis.

Text of the reservation (a) If, as a result of the obligations incurred by a Contracting State under this Agreement, any product covered by this Agreement is being imported into the territory of a Contracting State in such relatively increased quantities and under such conditions as to cause or threaten serious injury to the domestic industry in that territory producing like or directly competitive products, the Contracting State, under the conditions provided for by paragraph 2 above, shall be free, in respect of such product and to the extent and for such time as may be

Conventions and Agreements of a Standard-setting Nature

31

necessary to prevent or remedy such injury, to suspend, in whole or in part, any obligation under this Agreement with respect to such product. (b) Before any Contracting State shall take action pursuant to the provisions of paragraph (a) above, it shall give notice in writing to the United Nations Educational, Scientiﬁc and Cultural Organization as far in advance as may be practicable and shall aﬀord the Organization and the Contracting States which are Parties to this Agreement an opportunity to consult with it in respect of the proposed action. (c) In critical circumstances where delay would cause damage which it would be diﬃcult to repair, action under paragraph (a) above may be taken provisionally without prior consultation, on the condition that consultation be eﬀected immediately after taking such action.

32

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Universal Copyright Convention, with Appendix Declaration relating to Article XVII and Resolution concerning Article XI adopted by the Intergovernmental Copyright Conference convened by UNESCO, Geneva, 6 September 1952 The Contracting States, Moved by the desire to assure in all countries copyright protection of literary, scientiﬁc and artistic works, Convinced that a system of copyright protection appropriate to all nations of the world and expressed in a universal convention, additional to, and without impairing international systems already in force, will ensure respect for the rights of the individual and encourage the development of literature, the sciences and the arts, Persuaded that such a universal copyright system will facilitate a wider dissemination and increase international understanding, Have agreed as follows:

Article I Each Contracting State undertakes to provide for the adequate and eﬀective protection of the rights of authors and other copyright proprietors in literary, scientiﬁc and artistic works, including writings, musical, dramatic and cinematographic works, and paintings, engravings and sculpture.

Article II 1. Published works of nationals of any Contracting State and works ﬁrst published in that State shall enjoy in each other Contracting State the same protection as that other State accords to works of its nationals ﬁrst published in its own territory. 2. Unpublished works of nationals of each Contracting State shall enjoy in each other Contracting State the same protection as that other State accords to unpublished works of its own nationals. 3. For the purpose of this Convention any Contracting State may, by domestic legislation, assimilate to its own nationals any person domiciled in that State.

Article III 1. Any Contracting State which, under its domestic law, requires as a condition of copyright, compliance with formalities such as deposit, registration, notice, notarial certiﬁcates, payment of fees or manufacture or publication in that Contracting State, shall regard these requirements as satisﬁed with respect to all works protected in

Conventions and Agreements of a Standard-setting Nature

33

accordance with this Convention and ﬁrst published outside its territory and the author of which is not one of its nationals, if from the time of the ﬁrst publication all the copies of the work published with the authority of the author or other copyright proprietor bear the symbol © accompanied by the name of the copyright proprietor and the year of ﬁrst publication placed in such manner and location as to give reasonable notice of claim of copyright. 2. The provisions of paragraph 1 of this Article shall not preclude any Contracting State from requiring formalities or other conditions for the acquisition and enjoyment of copyright in respect of works ﬁrst published in its territory or works of its nationals wherever published. 3. The provisions of paragraph 1 of this Article shall not preclude any Contracting State from providing that a person seeking judicial relief must, in bringing the action, comply with procedural requirements, such as that the complainant must appear through domestic counsel or that the complainant must deposit with the court or an administrative oﬃce, or both, a copy of the work involved in the litigation; provided that failure to comply with such requirements shall not aﬀect the validity of the copyright, nor shall any such requirement be imposed upon a national of another Contracting State if such requirement is not imposed on nationals of the State in which protection is claimed. 4. In each Contracting State there shall be legal means of protecting without formalities the unpublished works of nationals of other Contracting States. 5. If a Contracting State grants protection for more than one term of copyright and the ﬁrst term is for a period longer than one of the minimum periods prescribed in Article IV, such State shall not be required to comply with the provisions of paragraph 1 of this Article III in respect of the second or any subsequent term of copyright.

Article IV 1. The duration of protection of a work shall be governed, in accordance with the provisions of Article II and this Article, by the law of the Contracting State in which protection is claimed. 2. The term of protection for works protected under this Convention shall not be less than the life of the author and twenty-ﬁve years after his death. However, any Contracting State which, on the eﬀective date of this Convention in that State, has limited this term for certain classes of works to a period computed from the ﬁrst publication of the work, shall be entitled to maintain these exceptions and to extend them to other classes of works. For all these classes the term of protection shall not be less than twenty-ﬁve years from the date of ﬁrst publication. Any Contracting State which, upon the eﬀective date of this Convention in that State, does not compute the term of protection upon the basis of the life of the author, shall be entitled to compute the term of protection from the date of the ﬁrst publication of the work or from its registration prior to publication, as the case may be, provided the term of protection shall not be less than twenty-ﬁve years from the

34

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

date of ﬁrst publication or from its registration prior to publication, as the case may be. If the legislation of a Contracting State grants two or more successive terms of protection, the duration of the ﬁrst shall not be less than one of the minimum periods speciﬁed above. 3. The provisions of paragraph 2 of this Article shall not apply to photographic works or to works of applied art, provided, however, that the term of protection in those Contracting States which protect photographic works, or works of applied art in so far as they are protected as artistic works, shall not be less than ten years for each of said classes of works. 4. No Contracting State shall be obliged to grant protection to a work for a period longer than that ﬁxed for the class of works to which the work in question belongs, in the case of unpublished works by the law of the Contracting State of which the author is a national, and in the case of published works by the law of the Contracting State in which the work has been ﬁrst published. For the purposes of the application of the preceding provision, if the law of any Contracting State grants two or more successive terms of protection, the period of protection of that State shall be considered to be the aggregate of those terms. However, if a speciﬁed work is not protected by such State during the second or any subsequent term for any reason, the other Contracting States shall not be obliged to protect it during the second or any subsequent term. 5. For the purposes of the application of paragraph 4 of this Article, the work of a national of a Contracting State, ﬁrst published in a non-Contracting State, shall be treated as though ﬁrst published in the Contracting State of which the author is a national. 6. For the purposes of the application of paragraph 4 of this Article, in case of simultaneous publication in two or more Contracting States, the work shall be treated as though ﬁrst published in the State which aﬀords the shortest term; any work published in two or more Contracting States within thirty days of its ﬁrst publication shall be considered as having been published simultaneously in said Contracting States.

Article V 1. Copyright shall include the exclusive right of the author to make, publish, and authorize the making and publication of translations of works protected under this Convention. 2. However, any Contracting State may, by its domestic legislation, restrict the right of translation of writings, but only subject to the following provisions: If, after the expiration of a period of seven years from the date of the ﬁrst publication of a writing, a translation of such writing has not been published in the national language or languages, as the case may be, of the Contracting State, by the owner of the right of translation or with his authorization, any national of such Contracting State may obtain a non-exclusive licence from the competent authority thereof to translate the work and publish the work so translated in any of the national languages in which it has not been published, provided that such national, in accordance with

Conventions and Agreements of a Standard-setting Nature

35

the procedure of the State concerned, establishes either that he has requested, and been denied, authorization by the proprietor of the right to make and publish the translation, or that, after due diligence on his part, he was unable to ﬁnd the owner of the right. A licence may also be granted on the same conditions if all previous editions of a translation in such language are out of print. If the owner of the right of translation cannot be found, then the applicant for a licence shall send copies of his application to the publisher whose name appears on the work and, if the nationality of the owner of the right of translation is known, to the diplomatic or consular representative of the State of which such owner is a national, or to the organization which may have been designated by the government of that State. The licence shall not be granted before the expiration of a period of two months from the date of the dispatch of the copies of the application. Due provision shall be made by domestic legislation to assure to the owner of the right of translation a compensation which is just and conforms to international standards, to assure payment and transmittal of such compensation, and to assure a correct translation of the work. The original title and the name of the author of the work shall be printed on all copies of the published translation. The licence shall be valid only for publication of the translation in the territory of the Contracting State where it has been applied for. Copies so published may be imported and sold in another Contracting State if one of the national languages of such other State is the same language as that into which the work has been so translated, and if the domestic law in such other State makes provision for such licences and does not prohibit such importation and sale. Where the foregoing conditions do not exist, the importation and sale of such copies in a Contracting State shall be governed by its domestic law and its agreements. The licence shall not be transferred by the licensee. The licence shall not be granted when the author has withdrawn from circulation all copies of the work.

Article VI ‘Publication’, as used in this Convention, means the reproduction in tangible form and the general distribution to the public of copies of a work from which it can be read or otherwise visually perceived.

Article VII This Convention shall not apply to works or rights in works which, at the eﬀective date of the Convention in a Contracting State where protection is claimed, are permanently in the public domain in the said Contracting State.

Article VIII 1. This Convention, which shall bear the date of 6 September 1952, shall be deposited with the Director-General of the United Nations Educational, Scientiﬁc and Cultural

36 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Organization and shall remain open for signature by all States for a period of 120 days after that date. It shall be subject to ratiﬁcation or acceptance by the signatory States. 2. Any State which has not signed this Convention may accede thereto. 3. Ratiﬁcation, acceptance or accession shall be eﬀected by the deposit of an instrument to that eﬀect with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization.

Article IX 1. This Convention shall come into force three months after the deposit of twelve instruments of ratiﬁcation, acceptance or accession, among which there shall be those of four States which are not members of the International Union for the Protection of Literary and Artistic Works. 2. Subsequently, this Convention shall come into force in respect of each State three months after that State has deposited its instrument of ratiﬁcation, acceptance or accession.

Article X 1. Each State Party to this Convention undertakes to adopt, in accordance with its Constitution, such measures as are necessary to ensure the application of this Convention. 2. It is understood, however, that at the time an instrument of ratiﬁcation, acceptance or accession is deposited on behalf of any State, such State must be in a position under its domestic law to give eﬀect to the terms of this Convention.

Article XI 1. An Intergovernmental Committee is hereby established with the following duties: (a) to study the problems concerning the application and operation of this Convention; (b) to make preparation for periodic revisions of this Convention; (c) to study any other problems concerning the international protection of copyright, in cooperation with the various interested international organizations, such as the United Nations Educational, Scientific and Cultural Organization, the International Union for the Protection of Literary and Artistic Works, and the Organization of American States; (d) to inform the Contracting States as to its activities. 2. The Committee shall consist of the representatives of twelve Contracting States to be selected with due consideration to fair geographical representation and in conformity with the Resolution relating to this Article, annexed to this Convention. The DirectorGeneral of the United Nations Educational, Scientiﬁc and Cultural Organization, the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works, and the Secretary-General of the Organization of American States, or their representatives, may attend meetings of the Committee in an advisory capacity.

Conventions and Agreements of a Standard-setting Nature

37

Article XII The Intergovernmental Committee shall convene a conference for revision of this Convention whenever it deems necessary, or at the request of at least ten Contracting States, or of a majority of the Contracting States if there are fewer than twenty Contracting States.

Article XIII Any Contracting State may, at the time of deposit of its instrument of ratiﬁcation, acceptance or accession, or at any time thereafter, declare by notiﬁcation addressed to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization that this Convention shall apply to all or any of the countries or territories for the international relations of which it is responsible, and this Convention shall thereupon apply to the countries or territories named in such notiﬁcation after the expiration of the term of three months provided for in Article IX. In the absence of such notiﬁcation, this Convention shall not apply to any such country or territory.

Article XIV 1. Any Contracting State may denounce this Convention in its own name or on behalf of all or any of the countries or territories to which a notiﬁcation has been given as under Article XIII. The denunciation shall be made by notiﬁcation addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization. 2. Such denunciation shall operate only in respect of the State or of the country or territory on whose behalf it was made and shall not take eﬀect until twelve months after the date of receipt of the notiﬁcation.

Article XV A dispute between two or more Contracting States concerning the interpretation or application of this Convention, not settled by negotiation, shall, unless the States concerned agree on some other method of settlement, be brought before the International Court of Justice for determination by it.

Article XVI 1. This Convention shall be established in English, French and Spanish. The three texts shall be signed and shall be equally authoritative. 2. Oﬃcial texts of this Convention shall be established in German, Italian and Portuguese. Any Contracting State or group of Contracting States shall be entitled to have established by the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization other texts in the language of its choice by arrangement with the DirectorGeneral. All such texts shall be annexed to the signed texts of this Convention.

38

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article XVII 1. This Convention shall not in any way aﬀect the provisions of the Berne Convention for the Protection of Literary and Artistic Works or membership in the Union created by that Convention. 2. In application of the foregoing paragraph, a Declaration has been annexed to the present Article. This Declaration is an integral part of this Convention for the States bound by the Berne Convention on 1 January 1951, or which have or may become bound to it at a later date. The signature of this Convention by such States shall also constitute signature of the said Declaration, and ratiﬁcation, acceptance or accession by such States shall include the Declaration as well as the Convention.

Article XVIII This Convention shall not abrogate multilateral or bilateral copyright conventions or arrangements that are or may be in eﬀect exclusively between two or more American Republics. In the event of any diﬀerence either between the provisions of such existing conventions or arrangements and the provisions of this Convention, or between the provisions of this Convention and those of any new convention or arrangement which may be formulated between two or more American Republics after this Convention comes into force, the convention or arrangement most recently formulated shall prevail between the parties thereto. Rights in works acquired in any Contracting State under existing conventions or arrangements before the date this Convention comes into force in such State shall not be aﬀected.

Article XIX This Convention shall not abrogate multilateral or bilateral conventions or arrangements in eﬀect between two or more Contracting States. In the event of any diﬀerence between the provisions of such existing conventions or arrangements and the provisions of this Convention, the provisions of this Convention shall prevail. Rights in works acquired in any Contracting State under existing conventions or arrangements before the date on which this Convention comes into force in such State shall not be aﬀected. Nothing in this Article shall aﬀect the provisions of Articles XVII and XVIII of this Convention.

Article XX Reservations to this Convention shall not be permitted.

Article XXI The Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall send duly certiﬁed copies of this Convention to the States interested, to the Swiss Federal Council and to the Secretary-General of the United Nations for registration by him. He shall also inform all interested States of the ratiﬁcations,

Conventions and Agreements of a Standard-setting Nature

39

acceptances and accessions which have been deposited, the date on which this Convention comes into force, the notiﬁcations under Article XIII of this Convention, and denunciations under Article XIV.

Appendix Declaration relating to Article XVII The States which are members of the International Union for the Protection of Literary and Artistic Works, and which are signatories to the Universal Copyright Convention, Desiring to reinforce their mutual relations on the basis of the said Union and to avoid any conﬂict which might result from the coexistence of the Convention of Berne and the Universal Convention, Have, by common agreement, accepted the terms of the following Declaration: (a) Works which, according to the Berne Convention, have as their country of origin a country which has withdrawn from the International Union created by the said Convention, after 1 January 1951, shall not be protected by the Universal Copyright Convention in the countries of the Berne Union; (b) the Universal Copyright Convention shall not be applicable to the relationships among countries of the Berne Union in so far as it relates to the protection of works having as their country of origin, within the meaning of the Berne Convention, a country of the International Union created by said Convention.

Resolution concerning Article XI The Intergovernmental Copyright Conference, Having considered the problems relating to the Intergovernmental Committee provided for in Article XI of the Universal Copyright Convention, Resolves that: 1. The ﬁrst members of the Committee shall be representatives of the following twelve States, each of those States designating one representative and an alternate: Argentine, Brazil, France, Germany, India, Italy, Japan, Mexico, Spain, Switzerland, United Kingdom, and United States of America. 2. The Committee shall be constituted as soon as the Convention comes into force in accordance with Article XI of this Convention. 3. The Committee shall elect its Chairman and one Vice-Chairman. It shall establish its Rules of Procedure having regard to the following principles: (a) the normal duration of the term of oﬃce of the representatives shall be six years; with one-third retiring every two years;

40

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b)

(c)

before the expiration of the term of oﬃce of any members, the Committee shall decide which States shall cease to be represented on it and which States shall be called upon to designate representatives; the representatives of those States which have not ratiﬁed, accepted or acceded shall be the ﬁrst to retire; the diﬀerent parts of the world shall be fairly represented;

And expresses the wish that the United Nations Educational, Scientiﬁc and Cultural Organization provide its secretariat. IN FAITH WHEREOF, the undersigned, having deposited their respective full powers, have signed this Convention. Done at Geneva, this sixth day of September 1952, in a single copy.

Conventions and Agreements of a Standard-setting Nature

41

Protocol 1 annexed to the Universal Copyright Convention, concerning the application of that Convention to the works of stateless persons and refugees adopted by the Intergovernmental Copyright Conference convened by UNESCO, Geneva, 6 September 1952 The States Parties hereto, being also parties to the Universal Copyright Convention (hereinafter referred to, as the ‘Convention’), Have accepted the following provisions: 1. Stateless persons and refugees who have their habitual residence in a State Party to this Protocol shall, for the purposes of the Convention, be assimilated to the nationals of that State. 2. (a)

(b)

This Protocol shall be signed and shall be subject to ratiﬁcation or acceptance, or may be acceded to, as if the provisions of Article VIII of the Convention applied hereto. This Protocol shall enter into force in respect of each State, on the date of deposit of the instrument of ratiﬁcation, acceptance or accession of the State concerned or on the date of entry into force of the Convention with respect to such State, whichever is the later.

IN FAITH WHEREOF, the undersigned, being duly authorized thereto, have signed this Protocol. Done at Geneva, this sixth day of September 1952, in the English, French and Spanish languages, the three texts being equally authoritative, in a single copy which shall be deposited with the Director-General of UNESCO. The Director-General shall send certiﬁed copies to the signatory States, to the Swiss Federal Council and to the Secretary-General of the United Nations for registration.

42

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Protocol 2 annexed to the Universal Copyright Convention, concerning the application of that Convention to the works of certain international organizations adopted by the Intergovernmental Copyright Conference convened by UNESCO, Geneva, 6 September 1952 The State Parties hereto, being also parties to the Universal Copyright Convention (hereinafter referred to as the ‘Convention’), Have accepted the following provisions: 1. (a)

(b) 2. (a)

(b)

The protection provided for in Article II (1) of the Convention shall apply to works published for the ﬁrst time by the United Nations, by the Specialized Agencies in relationship therewith, or by the Organization of American States; similarly, Article II (2) of the Convention shall apply to the said organization or agencies. This Protocol shall be signed and shall be subject to ratiﬁcation or acceptance, or may be acceded to, as if the provisions of Article VIII of the Convention applied hereto. This Protocol shall enter into force for each State on the date of deposit of the instrument of ratiﬁcation, acceptance or accession of the State concerned or on the date of entry into force of the Convention with respect to such State, whichever is the later.

IN FAITH WHEREOF, the undersigned, being duly authorized thereto, have signed this Protocol. Done at Geneva, this sixth day of September 1952, in the English, French and Spanish languages, the three texts being equally authoritative, in a single copy which shall be deposited with the Director-General of UNESCO. The Director-General shall send certiﬁed copies to the signatory States, to the Swiss Federal Council, and to the Secretary-General of the United Nations for registration.

Conventions and Agreements of a Standard-setting Nature

43

Protocol 3 annexed to the Universal Copyright Convention, concerning the eﬀective date of instruments of ratiﬁcation or acceptance of, or accession to, that Convention adopted by the Intergovernmental Copyright Conference convened by UNESCO, Geneva, 6 September 1952 States Parties hereto, Recognizing that the application of the Universal Copyright Convention (hereinafter referred to as the ‘Convention’) to States participating in all the international copyright systems already in force will contribute greatly to the value of the Convention, Have agreed as follows: 1. Any State Party hereto may, on depositing its instrument of ratiﬁcation or acceptance of or accession to the Convention, notify the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization (hereinafter referred to as ‘Director-General’) that that instrument shall not take eﬀect for the purposes of Article IX of the Convention until any other State named in such notiﬁcation shall have deposited its instrument. 2. The notiﬁcation referred to in paragraph 1 above shall accompany the instrument to which it relates. 3. The Director-General shall inform all States signatory or which have then acceded to the Convention of any notiﬁcations received in accordance with this Protocol. 4. This Protocol shall bear the same date and shall remain open for signature for the same period as the Convention. 5. It shall be subject to ratiﬁcation or acceptance by the signatory States. Any State which has not signed this Protocol may accede thereto. 6. (a) (b)

Ratiﬁcation or acceptance or accession shall be eﬀected by the deposit of an instrument to that eﬀect with the Director-General. This Protocol shall enter into force on the date of deposit of not less than four instruments of ratiﬁcation or acceptance or accession. The Director-General shall inform all interested States of this date. Instruments deposited after such date shall take eﬀect on the date of their deposit.

IN FAITH WHEREOF, the undersigned, being duly authorized thereto, have signed this Protocol. Done at Geneva, the sixth day of September 1952, in the English, French and Spanish languages, the three texts being equally authoritative, in a single copy which shall be Annexed to the original copy of the Convention. The Director-General shall send certiﬁed copies to the signatory States, to the Swiss Federal Council, and to the SecretaryGeneral of United Nations for registration.

44

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Convention for the Protection of Cultural Property in the Event of Armed Conﬂict, with Regulations for the Execution of the Convention adopted by an Intergovernmental Conference of States convened by UNESCO, The Hague, 14 May 1954 The High Contracting Parties, Recognizing that cultural property has suﬀered grave damage during recent armed conﬂicts and that, by reason of the developments in the techniques of warfare, it is in increasing danger of destruction, Being convinced that damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world, Considering that the preservation of the cultural heritage is of great importance for all peoples of the world and that it is important that this heritage should receive international protection, Guided by the principles concerning the protection of cultural property during armed conﬂict, as established in the Conventions of The Hague of 1899 and of 1907 and in the Washington Pact of 15 April 1935, Being of the opinion that such protection cannot be eﬀective unless both national and international measures have been taken to organize it in time of peace, Being determined to take all possible steps to protect cultural property, Have agreed upon the following provisions:

Chapter I. General provisions regarding protection Article . Deﬁnition of cultural property For the purposes of the present Convention, the term ‘cultural property’ shall cover, irrespective of origin or ownership: (a) movable or immovable property of great importance to the cultural heritage of every people, such as monuments of architecture, art or history, whether religious or secular; archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well as scientiﬁc collections and important collections of books or archives or of reproductions of the property deﬁned above;

Conventions and Agreements of a Standard-setting Nature

(b)

(c)

45

buildings whose main and eﬀective purpose is to preserve or exhibit the movable cultural property deﬁned in sub-paragraph (a), such as museums, large libraries and depositories of archives, and refuges intended to shelter, in the event of armed conﬂict, the movable cultural property deﬁned in sub-paragraph (a); centres containing a large amount of cultural property as deﬁned in subparagraphs (a) and (b), to be known as ‘centres containing monuments.’

Article . Protection of cultural property For the purposes of the present Convention, the protection of cultural property shall comprise the safeguarding of and respect for such property.

Article . Safeguarding of cultural property The High Contracting Parties undertake to prepare in time of peace for the safeguarding of cultural property situated within their own territory against the foreseeable eﬀects of an armed conﬂict, by taking such measures as they consider appropriate.

Article . Respect for cultural property 1. The High Contracting Parties undertake to respect cultural property situated within their own territory as well as within the territory of other High Contracting Parties by refraining from any use of the property and its immediate surroundings or of the appliances in use for its protection for purposes which are likely to expose it to destruction or damage in the event of armed conﬂict; and by refraining from any act of hostility directed against such property. 2. The obligations mentioned in paragraph 1 of the present Article may be waived only in cases where military necessity imperatively requires such a waiver. 3. The High Contracting Parties further undertake to prohibit, prevent and, if necessary, put a stop to any form of theft, pillage or misappropriation of, and any acts of vandalism directed against, cultural property. They shall refrain from requisitioning movable cultural property situated in the territory of another High Contracting Party. 4. They shall refrain from any act directed by way of reprisals against cultural property. 5. No High Contracting Party may evade the obligations incumbent upon it under the present Article, in respect of another High Contracting Party, by reason of the fact that the latter has not applied the measures of safeguard referred to in Article 3.

Article . Occupation 1. Any High Contracting Party in occupation of the whole or part of the territory of another High Contracting Party shall as far as possible support the competent national authorities of the occupied country in safeguarding and preserving its cultural property. 2. Should it prove necessary to take measures to preserve cultural property situated in occupied territory and damaged by military operations, and should the competent national

46

authorities be unable to take such measures, the Occupying Power shall, as far as possible, and in close cooperation with such authorities, take the most necessary measures of preservation. 3. Any High Contracting Party whose government is considered their legitimate government by members of a resistance movement shall, if possible, draw their attention to the obligation to comply with those provisions of the Convention dealing with respect for cultural property.

Article . Distinctive marking of cultural property In accordance with the provisions of Article 16, cultural property may bear a distinctive emblem so as to facilitate its recognition.

Article . Military measures 1. The High Contracting Parties undertake to introduce in time of peace into their military regulations or instructions such provisions as may ensure observance of the present Convention, and to foster in the members of their armed forces a spirit of respect for the culture and cultural property of all peoples. 2. The High Contracting Parties undertake to plan or establish in peacetime, within their armed forces, services or specialist personnel whose purpose will be to secure respect for cultural property and to cooperate with the civilian authorities responsible for safeguarding it.

Chapter II. Special protection Article . Granting of special protection 1. There may be placed under special protection a limited number of refuges intended to shelter movable cultural property in the event of armed conﬂict, of centres containing monuments and other immovable cultural property of very great importance, provided that they: (a) are situated at an adequate distance from any large industrial centre or from any important military objective constituting a vulnerable point, such as, for example, an aerodrome, broadcasting station, establishment engaged upon work of national defence, a port or railway station of relative importance or a main line of communication; (b) are not used for military purposes. 2. A refuge for movable cultural property may also be placed under special protection, whatever its location, if it is so constructed that, in all probability, it will not be damaged by bombs. 3. A centre containing monuments shall be deemed to be used for military purposes whenever it is used for the movement of military personnel or material, even in transit. The

Conventions and Agreements of a Standard-setting Nature

47

same shall apply whenever activities directly connected with military operations, the stationing of military personnel, or the production of war material are carried on within the centre. 4. The guarding of cultural property, mentioned in paragraph 1 above, by armed custodians specially empowered to do so, or the presence, in the vicinity of such cultural property, of police forces normally responsible for the maintenance of public order, shall not be deemed to be use for military purposes. 5. If any cultural property mentioned in paragraph 1 of the present Article is situated near an important military objective as deﬁned in the said paragraph, it may nevertheless be placed under special protection if the High Contracting Party asking for that protection undertakes, in the event of armed conﬂict, to make no use of the objective and particularly, in the case of a port, railway station or aerodrome, to divert all traﬃc therefrom. In that event, such diversion shall be prepared in time of peace. 6. Special protection is granted to cultural property by its entry in the ‘International Register of Cultural Property under Special Protection’. This entry shall only be made in accordance with the provisions of the present Convention and under the conditions provided for in the Regulations for the execution of the Convention.

Article . Immunity of cultural property under special protection The High Contracting Parties undertake to ensure the immunity of cultural property under special protection by refraining, from the time of entry in the International Register, from any act of hostility directed against such property and, except for the cases provided for in paragraph 5 of Article 8, from any use of such property or its surroundings for military purposes.

Article . Identiﬁcation and control During an armed conﬂict, cultural property under special protection shall be marked with the distinctive emblem described in Article 16, and shall be open to international control as provided for in the Regulations for the execution of the Convention.

Article . Withdrawal of immunity 1. If one of the High Contracting Parties commits, in respect of any item of cultural property under special protection, a violation of the obligations under Article 9, the opposing Party shall, so long as this violation persists, be released from the obligation to ensure the immunity of the property concerned. Nevertheless, whenever possible, the latter Party shall ﬁrst request the cessation of such violation within a reasonable time. 2. Apart from the case provided for in paragraph 1 of the present Article, immunity shall be withdrawn from cultural property under special protection only in exceptional cases of unavoidable military necessity, and only for such time as that necessity continues. Such necessity can be established only by the oﬃcer commanding a force the equivalent of a division in size or larger. Whenever circumstances permit, the

48

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

opposing Party shall be notiﬁed, a reasonable time in advance, of the decision to withdraw immunity. 3. The Party withdrawing immunity shall, as soon as possible, so inform the Commissioner-General for cultural property provided for in the Regulations for the execution of the Convention, in writing, stating the reasons.

Chapter III. Transport of cultural property Article . Transport under special protection 1. Transport exclusively engaged in the transfer of cultural property, whether within a territory or to another territory, may, at the request of the High Contracting Party concerned, take place under special protection in accordance with the conditions speciﬁed in the Regulations for the execution of the Convention. 2. Transport under special protection shall take place under the international supervision provided for in the aforesaid Regulations and shall display the distinctive emblem described in Article 16. 3. The High Contracting Parties shall refrain from any act of hostility directed against transport under special protection.

Article . Transport in urgent cases 1. If a High Contracting Party considers that the safety of certain cultural property requires its transfer and that the matter is of such urgency that the procedure laid down in Article 12 cannot be followed, especially at the beginning of an armed conﬂict, the transport may display the distinctive emblem described in Article 16, provided that an application for immunity referred to in Article 12 has not already been made and refused. As far as possible, notiﬁcation of transfer should be made to the opposing Parties. Nevertheless, transport conveying cultural property to the territory of another country may not display the distinctive emblem unless immunity has been expressly granted to it. 2. The High Contracting Parties shall take, so far as possible, the necessary precautions to avoid acts of hostility directed against the transport described in paragraph 1 of the present Article and displaying the distinctive emblem.

Article . Immunity from seizure, capture and prize 1. Immunity from seizure, placing in prize, or capture shall be granted to: (a) cultural property enjoying the protection provided for in Article 12 or that provided for in Article 13, (b) the means of transport exclusively engaged in the transfer of such cultural property. 2. Nothing in the present Article shall limit the right of visit and search.

Conventions and Agreements of a Standard-setting Nature

49

Chapter IV. Personnel Article . Personnel As far as is consistent with the interests of security, personnel engaged in the protection of cultural property shall, in the interests of such property, be respected and, if they fall into the hands of the opposing Party, shall be allowed to continue to carry out their duties whenever the cultural property for which they are responsible has also fallen into the hands of the opposing Party.

Chapter V. The distinctive emblem Article . Emblem of the convention 1. The distinctive emblem of the Convention shall take the form of a shield, pointed below, per saltire blue and white (a shield consisting of a royal-blue square, one of the angles of which forms the point of the shield, and of a royal-blue triangle above the square, the space on either side being taken up by a white triangle). 2. The emblem shall be used alone, or repeated three times in a triangular formation (one shield below), under the conditions provided for in Article 17.

Article . Use of the emblem 1. The distinctive emblem repeated three times may be used only as a means of identiﬁcation of: (a) immovable cultural property under special protection, (b) the transport of cultural property under the conditions provided for in Articles 12 and 13, (c) improvised refuges, under the conditions provided for in the Regulations for the execution of the Convention. 2. The distinctive emblem may be used alone only as a means of identiﬁcation of: (a) cultural property not under special protection, (b) the persons responsible for the duties of control in accordance with the Regulations for the execution of the Convention, (c) the personnel engaged in the protection of cultural property, (d) the identity cards mentioned in the Regulations for the execution of the Convention. 3. During an armed conﬂict, the use of the distinctive emblem in any other cases than those mentioned in the preceding paragraphs of the present Article, and the use for any purpose whatever of a sign resembling the distinctive emblem, shall be forbidden. 4. The distinctive emblem may not be placed on any immovable cultural property unless at the same time there is displayed an authorization duly dated and signed by the competent authority of the High Contracting Party.

50

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Chapter VI. Scope of application of the Convention Article . Application of the Convention 1. Apart from the provisions which shall take eﬀect in time of peace, the present Convention shall apply in the event of declared war or of any other armed conﬂict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one or more of them. 2. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. 3. If one of the Powers in conﬂict is not a Party to the present Convention, the Powers which are Parties thereto shall nevertheless remain bound by it in their mutual relations. They shall furthermore be bound by the Convention, in relation to the said Power, if the latter has declared that it accepts the provisions thereof and so long as it applies them.

Article . Conﬂ icts not of an international character 1. In the event of an armed conﬂict not of an international character occurring within the territory of one of the High Contracting Parties, each party to the conﬂict shall be bound to apply, as a minimum, the provisions of the present Convention which relate to respect for cultural property. 2. The parties to the conﬂict shall endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. 3. The United Nations Educational, Scientiﬁc and Cultural Organization may oﬀer its services to the parties to the conﬂict. 4. The application of the preceding provisions shall not aﬀect the legal status of the parties to the conﬂict.

Chapter VII. Execution of the Convention Article . Regulations for the execution of the Convention The procedure by which the present Convention is to be applied is deﬁned in the Regulations for its execution, which constitute an integral part thereof.

Article . Protecting Powers The present Convention and the Regulations for its execution shall be applied with the cooperation of the Protecting Powers responsible for safeguarding the interests of the parties to the conﬂict.

Conventions and Agreements of a Standard-setting Nature

51

Article . Conciliation procedure 1. The Protecting Powers shall lend their good oﬃces in all cases where they may deem it useful in the interests of cultural property, particularly if there is disagreement between the parties to the conﬂict as to the application or interpretation of the provisions of the present Convention or the Regulations for its execution. 2. For this purpose, each of the Protecting Powers may, either at the invitation of one Party, of the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, or on its own initiative, propose to the parties to the conﬂict a meeting of their representatives, and in particular of the authorities responsible for the protection of cultural property, if considered appropriate on suitably chosen neutral territory. The parties to the conﬂict shall be bound to give eﬀect to the proposals for meeting made to them. The Protecting Powers shall propose for approval by the parties to the conﬂict a person belonging to a neutral Power or a person presented by the Director-General of the United Nations Educational, Scientific and Cultural Organization, which person shall be invited to take part in such a meeting in the capacity of Chairman.

Article . Assistance of UNESCO 1. The High Contracting Parties may call upon the United Nations Educational, Scientiﬁc and Cultural Organization for technical assistance in organizing the protection of their cultural property, or in connection with any other problem arising out of the application of the present Convention or the Regulations for its execution. The Organization shall accord such assistance within the limits ﬁxed by its programme and by its resources. 2. The Organization is authorized to make, on its own initiative, proposals on this matter to the High Contracting Parties.

Article . Special agreements 1. The High Contracting Parties may conclude special agreements for all matters concerning which they deem it suitable to make separate provision. 2. No special agreement may be concluded which would diminish the protection aﬀorded by the present Convention to cultural property and to the personnel engaged in its protection.

Article . Dissemination of the Convention The High Contracting Parties undertake, in time of peace as in time of armed conﬂict, to disseminate the text of the present Convention and the Regulations for its execution as widely as possible in their respective countries. They undertake, in particular, to include the study thereof in their programmes of military and, if possible, civilian training, so that its principles are made known to the whole population, especially the armed forces and personnel engaged in the protection of cultural property.

52

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . Translations, reports 1. The High Contracting Parties shall communicate to one another, through the Director-General of the United Nations Educational, Scientific and Cultural Organization, the oﬃcial translations of the present Convention and of the Regulations for its execution. 2. Furthermore, at least once every four years, they shall forward to the DirectorGeneral a report giving whatever information they think suitable concerning any measures being taken, prepared or contemplated by their respective administrations in fulﬁlment of the present Convention and of the Regulations for its execution.

Article . Meetings 1. The Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization may, with the approval of the Executive Board, convene meetings of representatives of the High Contracting Parties. He must convene such a meeting if at least one-ﬁfth of the High Contracting Parties so request. 2. Without prejudice to any other functions which have been conferred on it by the present Convention or the Regulations for its execution, the purpose of the meeting will be to study problems concerning the application of the Convention and of the Regulations for its execution, and to formulate recommendations in respect thereof. 3. The meeting may further undertake a revision of the Convention or the Regulations for its execution if the majority of the High Contracting Parties are represented, and in accordance with the provisions of Article 39.

Article . Sanctions The High Contracting Parties undertake to take, within the framework of their ordinary criminal jurisdiction, all necessary steps to prosecute and impose penal or disciplinary sanctions upon those persons, of whatever nationality, who commit or order to be committed a breach of the present Convention.

Final provisions Article . Languages 1. The present Convention is drawn up in English, French, Russian and Spanish, the four texts being equally authoritative. 2. The United Nations Educational, Scientiﬁc and Cultural Organization shall arrange for translations of the Convention into the other oﬃcial languages of its General Conference.

Conventions and Agreements of a Standard-setting Nature

53

Article . Signature The present Convention shall bear the date of 14 May 1954 and, until the date of 31 December 1954, shall remain open for signature by all States invited to the Conference which met at The Hague from 21 April to 14 May 1954.

Article . Ratiﬁcation 1. The present Convention shall be subject to ratiﬁcation by signatory States in accordance with their respective constitutional procedures. 2. The instruments of ratiﬁcation shall be deposited with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization.

Article . Accession From the date of its entry into force, the present Convention shall be open for accession by all States mentioned in Article 30 which have not signed it, as well as any other State invited to accede by the Executive Board of the United Nations Educational, Scientiﬁc and Cultural Organization. Accession shall be eﬀected by the deposit of an instrument of accession with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization.

Article . Entry into force 1. The present Convention shall enter into force three months after ﬁve instruments of ratiﬁcation have been deposited. 2. Thereafter, it shall enter into force, for each High Contracting Party, three months after the deposit of its instrument of ratiﬁcation or accession. 3. The situations referred to in Articles 18 and 19 shall give immediate eﬀect to ratiﬁcations or accessions deposited by the parties to the conﬂict either before or after the beginning of hostilities or occupation. In such cases the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall transmit the communications referred to in Article 38 by the speediest method.

Article . Eﬀective application 1. Each State Party to the Convention on the date of its entry into force shall take all necessary measures to ensure its eﬀective application within a period of six months after such entry into force. 2. This period shall be six months from the date of deposit of the instruments of ratiﬁcation or accession for any State which deposits its instrument of ratiﬁcation or accession after the date of the entry into force of the Convention.

54

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . Territorial extension of the Convention Any High Contracting Party may, at the time of ratiﬁcation or accession, or at any time thereafter, declare by notiﬁcation addressed to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, that the present Convention shall extend to all or any of the territories for whose international relations it is responsible. The said notiﬁcation shall take eﬀect three months after the date of its receipt.

Article . Relation to previous conventions 1. In the relations between Powers which are bound by the Conventions of The Hague concerning the Laws and Customs of War on Land (IV) and concerning Naval Bombardment in Time of War (IX) whether those of 29 July 1899 or those of 18 October 1907, and which are Parties to the present Convention, this last Convention shall be supplementary to the aforementioned Convention (IX) and to the Regulations Annexed to the aforementioned Convention (IV) and shall substitute for the emblem described in Article 5 of the aforementioned Convention (IX) the emblem described in Article 16 of the present Convention, in cases in which the present Convention and the Regulations for its execution provide for the use of this distinctive emblem. 2. In the relations between Powers which are bound by the Washington Pact of 15 April 1935 for the Protection of Artistic and Scientiﬁc Institutions and of Historic Monuments (Roerich Pact) and which are Parties to the present Convention, the latter Convention shall be supplementary to the Roerich Pact and shall substitute for the distinguishing ﬂag described in Article III of the Pact the emblem deﬁned in Article 16 of the present Convention, in cases in which the present Convention and the Regulations for its execution provide for the use of this distinctive emblem.

Article . Denunciation 1. Each High Contracting Party may denounce the present Convention, on its own behalf, or on behalf of any territory for whose international relations it is responsible. 2. The denunciation shall be notiﬁed by an instrument in writing, deposited with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. 3. The denunciation shall take eﬀect one year after the receipt of the instrument of denunciation. However, if, on the expiry of this period, the denouncing Party is involved in an armed conﬂict, the denunciation shall not take eﬀect until the end of hostilities, or until the operations of repatriating cultural property are completed, whichever is the later.

Article . Notiﬁcations The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the States referred to in Articles 30 and 32, as well as the United Nations, of the deposit of all the instruments of ratiﬁcation, accession or acceptance provided for in Articles 31, 32 and 39 and of the notiﬁcations and denunciations provided for respectively in Articles 35, 37 and 39.

Conventions and Agreements of a Standard-setting Nature

55

Article . Revision of the Convention and of the Regulations for its execution 1. Any High Contracting Party may propose amendments to the present Convention or the Regulations for its execution. The text of any proposed amendment shall be communicated to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, who shall transmit it to each High Contracting Party with the request that such Party reply within four months stating whether it: (a) desires that a Conference be convened to consider the proposed amendment, (b) favours the acceptance of the proposed amendment without a Conference, or (c) favours the rejection of the proposed amendment without a Conference. 2. The Director-General shall transmit the replies, received under paragraph 1 of the present Article, to all High Contracting Parties. 3. If all the High Contracting Parties which have, within the prescribed time limit, stated their views to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, pursuant to paragraph 1(b) of this Article, inform him that they favour acceptance of the amendment without a Conference, notiﬁcation of their decision shall be made by the Director-General in accordance with Article 38. The amendment shall become eﬀective for all the High Contracting Parties on the expiry of ninety days from the date of such notiﬁcation. 4. The Director-General shall convene a Conference of the High Contracting Parties to consider the proposed amendment if requested to do so by more than one-third of the High Contracting Parties. 5. Amendments to the Convention or to the Regulations for its execution, dealt with under the provisions of the preceding paragraph, shall enter into force only after they have been unanimously adopted by the High Contracting Parties represented at the Conference and accepted by each of the High Contracting Parties. 6. Acceptance by the High Contracting Parties of amendments to the Convention or to the Regulations for its execution, which have been adopted by the Conference mentioned in paragraphs 4 and 5, shall be eﬀected by the deposit of a formal instrument with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. 7. After the entry into force of amendments to the present Convention or to the Regulations for its execution, only the text of the Convention or of the Regulations for its execution thus amended shall remain open for ratiﬁcation or accession.

Article . Registration In accordance with Article 102 of the Charter of the United Nations, the present Convention shall be registered with the Secretariat of the United Nations at the request of

56 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

the Director-General of the United Nations Educational, Scientific and Cultural Organization. IN FAITH WHEREOF, the undersigned, duly authorized, have signed the present Convention. Done at The Hague, this fourteenth day of May, 1954, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization, and certiﬁed true copies of which shall be delivered to all the States referred to in Articles 30 and 32 as well as to the United Nations.

Regulations for the Execution of the Convention for the Protection of Cultural Property in the Event of Armed Conﬂict Chapter I. Control Article . International list of persons On the entry into force of the Convention, the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall compile an international list consisting of all persons nominated by the High Contracting Parties as qualiﬁed to carry out the functions of Commissioner-General for Cultural Property. On the initiative of the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, this list shall be periodically revised on the basis of requests formulated by the High Contracting Parties.

Article . Organization of control As soon as any High Contracting Party is engaged in an armed conﬂict to which Article 18 of the Convention applies: (a) it shall appoint a representative for cultural property situated in its territory; if it is in occupation of another territory, it shall appoint a special representative for cultural property situated in that territory; (b) the Protecting Power acting for each of the Parties in conﬂict with such High Contracting Party shall appoint delegates accredited to the latter in conformity with Article 3 below; (c) a Commissioner-General for Cultural Property shall be appointed to such High Contracting Party in accordance with Article 4.

Article . Appointment of delegates of Protecting Powers The Protecting Power shall appoint its delegates from among the members of its diplomatic or consular staﬀ or, with the approval of the Party to which they will be accredited, from among other persons.

Conventions and Agreements of a Standard-setting Nature

57

Article . Appointment of Commissioner-General 1. The Commissioner-General for Cultural Property shall be chosen from the international list of persons by joint agreement between the Party to which he will be accredited and the Protecting Powers acting on behalf of the opposing Parties. 2. Should the Parties fail to reach agreement within three weeks from the beginning of their discussions on this point, they shall request the President of the International Court of Justice to appoint the Commissioner-General, who shall not take up his duties until the Party to which he is accredited has approved his appointment.

Article . Functions of delegates The delegates of the Protecting Powers shall take note of violations of the Convention, investigate, with the approval of the Party to which they are accredited, the circumstances in which they have occurred, make representations locally to secure their cessation and, if necessary, notify the Commissioner-General of such violations. They shall keep him informed of their activities.

Article . Functions of the Commissioner-General 1. The Commissioner-General for Cultural Property shall deal with all matters referred to him in connection with the application of the Convention, in conjunction with the representative of the Party to which he is accredited and with the delegates concerned. 2. He shall have powers of decision and appointment in the cases speciﬁed in the present Regulations. 3. With the agreement of the Party to which he is accredited, he shall have the right to order an investigation or to conduct it himself. 4. He shall make any representations to the parties to the conﬂict or to their Protecting Powers which he deems useful for the application of the Convention. 5. He shall draw up such reports as may be necessary on the application of the Convention and communicate them to the Parties concerned and to their Protecting Powers. He shall send copies to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, who may make use only of their technical contents. 6. If there is no Protecting Power, the Commissioner-General shall exercise the functions of the Protecting Power as laid down in Articles 21 and 22 of the Convention.

Article . Inspectors and experts 1. Whenever the Commissioner-General for Cultural Property considers it necessary, either at the request of the delegates concerned or after consultation with them, he

58

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

shall propose, for the approval of the Party to which he is accredited, an inspector of cultural property to be charged with a speciﬁc mission. An inspector shall be responsible only to the Commissioner-General. 2. The Commissioner-General, delegates and inspectors may have recourse to the services of experts, who will also be proposed for the approval of the Party mentioned in the preceding paragraph.

Article . Discharge of the mission of control The Commissioners-General for Cultural Property, delegates of the Protecting Powers, inspectors and experts shall in no case exceed their mandates. In particular, they shall take account of the security needs of the High Contracting Party to which they are accredited and shall in all circumstances act in accordance with the requirements of the military situation as communicated to them by that High Contracting Party.

Article . Substitutes for Protecting Powers If a Party to the conﬂict does not beneﬁt or ceases to beneﬁt from the activities of a Protecting Power, a neutral State may be asked to undertake those functions of a Protecting Power which concern the appointment of a Commissioner-General for Cultural Property in accordance with the procedure laid down in Article 4 above. The Commissioner-General thus appointed shall, if need be, entrust to inspectors the functions of delegates of Protecting Powers as speciﬁed in the present Regulations.

Article . Expenses The remuneration and expenses of the Commissioner-General for Cultural Property, inspectors and experts shall be met by the Party to which they are accredited. Remuneration and expenses of delegates of the Protecting Powers shall be subject to agreement between those Powers and the States whose interests they are safeguarding.

Chapter II. Special protection Article . Improvised refuges 1. If, during an armed conﬂict, any High Contracting Party is induced by unforeseen circumstances to set up an improvised refuge and desires that it should be placed under special protection, it shall communicate this fact forthwith to the CommissionerGeneral accredited to that Party. 2. If the Commissioner-General considers that such a measure is justiﬁed by the circumstances and by the importance of the cultural property sheltered in this improvised refuge, he may authorize the High Contracting Party to display on such refuge the distinctive emblem deﬁned in Article 16 of the Convention. He shall communicate his decision without delay to the delegates of the Protecting Powers who

Conventions and Agreements of a Standard-setting Nature

59

are concerned, each of whom may, within a time limit of thirty days, order the immediate withdrawal of the emblem. 3. As soon as such delegates have signiﬁed their agreement or if the time limit of thirty days has passed without any of the delegates concerned having made an objection, and if, in the view of the Commissioner-General, the refuge fulﬁls the conditions laid down in Article 8 of the Convention, the Commissioner-General shall request the DirectorGeneral of the United Nations Educational, Scientiﬁc and Cultural Organization to enter the refuge in the Register of Cultural Property under Special Protection.

Article . International Register of Cultural Property under Special Protection 1. An ‘International Register of Cultural Property under Special Protection’ shall be prepared. 2. The Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall maintain this Register. He shall furnish copies to the SecretaryGeneral of the United Nations and to the High Contracting Parties. 3. The Register shall be divided into sections, each in the name of a High Contracting Party. Each section shall be subdivided into three paragraphs, headed: Refuges, Centres containing Monuments, Other Immovable Cultural Property. The Director-General shall determine what details each section shall contain.

Article . Requests for registration 1. Any High Contracting Party may submit to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization an application for the entry in the Register of certain refuges, centres containing monuments or other immovable cultural property situated within its territory. Such application shall contain a description of the location of such property and shall certify that the property complies with the provisions of Article 8 of the Convention. 2. In the event of occupation, the Occupying Power shall be competent to make such application. 3. The Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall, without delay, send copies of applications for registration to each of the High Contracting Parties.

Article . Objections 1. Any High Contracting Party may, by letter addressed to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, lodge an objection to the registration of cultural property. This letter must be received by him within four months of the day on which he sent a copy of the application for registration.

60

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

2. Such objection shall state the reasons giving rise to it, the only valid grounds being that: (a) the property is not cultural property; (b) the property does not comply with the conditions mentioned in Article 8 of the Convention. 3. The Director-General shall send a copy of the letter of objection to the High Contracting Parties without delay. He shall, if necessary, seek the advice of the International Committee on Monuments, Artistic and Historical Sites and Archaeological Excavations and also, if he thinks fit, of any other competent organization or person. 4. The Director-General, or the High Contracting Party requesting registration, may make whatever representations they deem necessary to the High Contracting Parties which lodged the objection, with a view to causing the objection to be withdrawn. 5. If a High Contracting Party which has made an application for registration in time of peace becomes involved in an armed conﬂict before the entry has been made, the cultural property concerned shall at once be provisionally entered in the Register, by the Director-General, pending the conﬁrmation, withdrawal or cancellation of any objection that may be, or may have been, made. 6. If, within a period of six months from the date of receipt of the letter of objection, the Director-General has not received from the High Contracting Party lodging the objection a communication stating that it has been withdrawn, the High Contracting Party applying for registration may request arbitration in accordance with the procedure in the following paragraph. 7. The request for arbitration shall not be made more than one year after the date of receipt by the Director-General of the letter of objection. Each of the two Parties to the dispute shall appoint an arbitrator. When more than one objection has been lodged against an application for registration, the High Contracting Parties which have lodged the objections shall, by common consent, appoint a single arbitrator. These two arbitrators shall select a chief arbitrator from the international list mentioned in Article 1 of the present Regulations. If such arbitrators cannot agree upon their choice, they shall ask the President of the International Court of Justice to appoint a chief arbitrator, who need not necessarily be chosen from the international list. The arbitral tribunal thus constituted shall ﬁx its own procedure. There shall be no appeal from its decisions. 8. Each of the High Contracting Parties may declare, whenever a dispute to which it is a Party arises, that it does not wish to apply the arbitration procedure provided for in the preceding paragraph. In such cases, the objection to an application for registration shall be submitted by the Director-General to the High Contracting Parties. The objection will be conﬁrmed only if the High Contracting Parties so decide by a twothird majority of the High Contracting Parties voting. The vote shall be taken by correspondence, unless the Directory-General of the United Nations Educational, Scientiﬁc and Cultural Organization deems it essential to convene a meeting under

Conventions and Agreements of a Standard-setting Nature

61

the powers conferred upon him by Article 27 of the Convention. If the DirectorGeneral decides to proceed with the vote by correspondence, he shall invite the High Contracting Parties to transmit their votes by sealed letter within six months from the day on which they were invited to do so.

Article . Registration 1. The Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall cause to be entered in the Register, under a serial number, each item of property for which application for registration is made, provided that he has not received an objection within the time limit prescribed in paragraph 1 of Article 14. 2. If an objection has been lodged, and without prejudice to the provision of paragraph 5 of Article 14, the Director-General shall enter property in the Register only if the objection has been withdrawn or has failed to be conﬁrmed following the procedures laid down in either paragraph 7 or paragraph 8 of Article 14. 3. Whenever paragraph 3 of Article 11 applies, the Director-General shall enter property in the Register if so requested by the Commissioner-General for Cultural Property. 4. The Director-General shall send without delay to the Secretary-General of the United Nations, to the High Contracting Parties, and, at the request of the Party applying for registration, to all other States referred to in Articles 30 and 32 of the Convention, a certiﬁed copy of each entry in the Register. Entries shall become eﬀective thirty days after dispatch of such copies.

Article . Cancellation 1. The Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall cause the registration of any property to be cancelled: (a) at the request of the High Contracting Party within whose territory the cultural property is situated; (b) if the High Contracting Party which requested registration has denounced the Convention, and when that denunciation has taken eﬀect; (c) in the special case provided for in Article 14, paragraph 5, when an objection has been conﬁrmed following the procedures mentioned either in paragraph 7 or in paragraph 8 or Article 14. 2. The Director-General shall send without delay, to the Secretary-General of the United Nations and to all States which received a copy of the entry in the Register, a certiﬁed copy of its cancellation. Cancellation shall take eﬀect thirty days after the dispatch of such copies.

62

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Chapter III. Transport of cultural property Article . Procedure to obtain immunity 1. The request mentioned in paragraph I of Article 12 of the Convention shall be addressed to the Commissioner-General for Cultural Property. It shall mention the reasons on which it is based and specify the approximate number and the importance of the objects to be transferred, their present location, the location now envisaged, the means of transport to be used, the route to be followed, the date proposed for the transfer, and any other relevant information. 2. If the Commissioner-General, after taking such opinions as he deems ﬁt, considers that such transfer is justiﬁed, he shall consult those delegates of the Protecting Powers who are concerned on the measures proposed for carrying it out. Following such consultation, he shall notify the parties to the conﬂict concerned of the transfer, including in such notiﬁcation all useful information. 3. The Commissioner-General shall appoint one or more inspectors, who shall satisfy themselves that only the property stated in the request is to be transferred and that the transport is to be by the approved methods and bears the distinctive emblem. The inspector or inspectors shall accompany the property to its destination.

Article . Transport abroad Where the transfer under special protection is to the territory of another country, it shall be governed not only by Article 12 of the Convention and by Article 17 of the present Regulations, but by the following further provisions: (a) while the cultural property remains on the territory of another State, that State shall be its depositary and shall extend to it as great a measure of care as that which it bestows upon its own cultural property of comparable importance; (b) the depositary State shall return the property only on the cessation of the conﬂict; such return shall be eﬀected within six months from the date on which it was requested; (c) during the various transfer operations, and while it remains on the territory of another State, the cultural property shall be exempt from conﬁscation and may not be disposed of either by the depositor or by the depositary; nevertheless, when the safety of the property requires it, the depositary may, with the assent of the depositor, have the property transported to the territory of a third country, under the conditions laid down in the present Article; (d) the request for special protection shall indicate that the State to whose territory the property is to be transferred accepts the provisions of the present Article.

Article . Occupied territory Whenever a High Contracting Party occupying territory of another High Contracting Party transfers cultural property to a refuge situated elsewhere in that territory, without

Conventions and Agreements of a Standard-setting Nature

63

being able to follow the procedure provided for in Article 17 of the Regulations, the transfer in question shall not be regarded as misappropriation within the meaning of Article 4 of the Convention, provided that the Commissioner-General for Cultural Property certiﬁes in writing, after having consulted the usual custodians, that such transfer was rendered necessary by circumstances.

Chapter IV. The distinctive emblem Article . Aﬃ xing of the emblem 1. The placing of the distinctive emblem and its degree of visibility shall be left to the discretion of the competent authorities of each High Contracting Party. It may be displayed on ﬂags or armlets; it may be painted on an object or represented in any other appropriate form. 2. However, without prejudice to any possible fuller markings, the emblem shall, in the event of armed conﬂict and in the cases mentioned in Articles 12 and 13 of the Convention, be placed on the vehicles of transport so as to be clearly visible in daylight from the air as well as from the ground. The emblem shall be visible from the ground: (a) at regular intervals suﬃcient to indicate clearly the perimeter of a centre containing monuments under special protection, (b) at the entrance to other immovable cultural property under special protection.

Article . Identiﬁcation of persons 1. The persons mentioned in Article 17, paragraph 2(b) and (c) of the Convention may wear an armlet bearing the distinctive emblem, issued and stamped by the competent authorities. 2. Such persons shall carry a special identity card bearing the distinctive emblem. This card shall mention at least the surname and ﬁrst names, the date of birth, the title or rank, and the function of the holder. The card shall bear the photograph of the holder as well as his signature or his ﬁngerprints, or both. It shall bear the embossed stamp of the competent authorities. 3. Each High Contracting Party shall make out its own type of identity card, guided by the model annexed, by way of example, to the present Regulations. The High Contracting Parties shall transmit to each other a specimen of the model they are using. Identity cards shall be made out, if possible, at least in duplicate, one copy being kept by the issuing Power. 4. The said persons may not, without legitimate reason, be deprived of their identity card or of the right to wear the armlet.

64

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Conventions and Agreements of a Standard-setting Nature

65

Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conﬂict adopted by an Intergovernmental Conference of States convened by UNESCO, The Hague, 14 May 1954 The High Contracting Parties are agreed as follows:

I 1. Each High Contracting Party undertakes to prevent the exportation, from a territory occupied by it during an armed conﬂict, of cultural property as deﬁned in Article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conﬂict, signed at The Hague on 14 May 1954. 2. Each High Contracting Party undertakes to take into its custody cultural property imported into its territory either directly or indirectly from any occupied territory. This shall either be eﬀected automatically upon the importation of the property or, failing this, at the request of the authorities of that territory. 3. Each High Contracting Party undertakes to return, at the close of hostilities, to the competent authorities of the territory previously occupied, cultural property which is in its territory, if such property has been exported in contravention of the principle laid down in the ﬁrst paragraph. Such property shall never be retained as war reparations. 4. The High Contracting Party whose obligation it was to prevent the exportation of cultural property from the territory occupied by it shall pay an indemnity to the holders in good faith of any cultural property which has to be returned in accordance with the preceding paragraph.

II 5. Cultural property coming from the territory of a High Contracting Party and deposited by it in the territory of another High Contracting Party, for the purpose of protecting such property against the dangers of an armed conﬂict, shall be returned by the latter, at the end of hostilities, to the competent authorities of the territory from which it came.

III 6. The present Protocol shall bear the date of 14 May 1954 and, until the date of 31 December 1954, shall remain open for signature by all States invited to the Conference which met at The Hague from 21 April to 14 May 1954. 7. (a)

The present Protocol shall be subject to ratiﬁcation by signatory States in accordance with their respective constitutional procedures.

66

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b)

The instruments of ratiﬁcation shall be deposited with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization.

8. From the date of its entry into force, the present Protocol shall be open for accession by all States mentioned in paragraph 6 which have not signed it as well as any other State invited to accede by the Executive Board of the United Nations Educational, Scientiﬁc and Cultural Organization. Accession shall be eﬀected by the deposit of an instrument of accession with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. 9. The States referred to in paragraphs 6 and 8 may declare, at the time of signature, ratiﬁcation or accession, that they will not be bound by the provisions of Section I or by those of Section II of the present Protocol. 10. (a) (b) (c)

11. (a)

(b)

The present Protocol shall enter into force three months after ﬁve instruments of ratiﬁcation have been deposited. Thereafter, it shall enter into force, for each High Contracting Party, three months after the deposit of its instrument of ratiﬁcation or accession. The situations referred to in Articles 18 and 19 of the Convention for the Protection of Cultural Property in the Event of Armed Conﬂict, signed at The Hague on 14 May 1954, shall give immediate eﬀect to ratiﬁcations and accessions deposited by the parties to the conﬂict either before or after the beginning of hostilities or occupation. In such cases, the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall transmit the communications referred to in paragraph 14 by the speediest method. Each State Party to the Protocol on the date of its entry into force shall take all necessary measures to ensure its eﬀective application within a period of six months after such entry into force. This period shall be six months from the date of deposit of the instruments of ratiﬁcation or accession for any State which deposits its instrument of ratification or accession after the date of the entry into force of the Protocol.

12. Any High Contracting Party may, at the time of ratiﬁcation or accession, or at any time thereafter, declare by notiﬁcation addressed to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, that the present Protocol shall extend to all or any of the territories for whose international relations it is responsible. The said notiﬁcation shall take eﬀect three months after the date of its receipt. 13. (a) Each High Contracting Party may denounce the present Protocol, on its own behalf, or on behalf of any territory for whose international relations it is responsible. (b) The denunciation shall be notiﬁed by an instrument in writing, deposited with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization.

Conventions and Agreements of a Standard-setting Nature

(c)

67

The denunciation shall take eﬀect one year after receipt of the instrument of denunciation. However, if, on the expiry of this period, the denouncing Party is involved in an armed conﬂict, the denunciation shall not take eﬀect until the end of hostilities, or until the operations of repatriating cultural property are completed, whichever is the later.

14. The Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall inform the States referred to in paragraphs 6 and 8, as well as the United Nations, of the deposit of all the instruments of ratiﬁcation, accession or acceptance provided for in paragraphs 7, 8 and 15 and the notiﬁcations and denunciations provided for respectively in paragraphs 12 and 13. 15. (a) (b) (c)

(d)

(e)

The present Protocol may be revised if revision is requested by more than onethird of the High Contracting Parties. The Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall convene a Conference for this purpose. Amendments to the present Protocol shall enter into force only after they have been unanimously adopted by the High Contracting Parties represented at the Conference and accepted by each of the High Contracting Parties. Acceptance by the High Contracting Parties of amendments to the present Protocol, which have been adopted by the Conference mentioned in sub-paragraphs (b) and (c) shall be eﬀected by the deposit of a formal instrument with the DirectorGeneral of the United Nations Educational, Scientiﬁc and Cultural Organization. After the entry into force of amendments to the present Protocol, only the text of the said Protocol thus amended shall remain open for ratiﬁcation or accession.

In accordance with Article 102 of the Charter of the United Nations, the present Protocol shall be registered with the Secretariat of the United Nations at the request of the DirectorGeneral of the United Nations Educational, Scientiﬁc and Cultural Organization. IN FAITH WHEREOF, the undersigned, duly authorized, have signed the present Protocol. Done at The Hague, this fourteenth day of May, 1954, in English, French, Russian and Spanish, the four texts being equally authoritative, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization, and certiﬁed true copies of which shall be delivered to all the States referred to in paragraphs 6 and 8 as well as to the United Nations.

Resolutions Resolution I The Conference expresses the hope that the competent organs of the United Nations shall decide, in the event of military action being taken in implementation of the Charter, to ensure application of the provisions of the Convention by the armed forces taking part in such action.

68

Resolution II The Conference expresses the hope that each of the High Contracting Parties, on acceding to the Convention, should set up, within the framework of its constitutional and administrative system, a national advisory committee consisting of a small number of distinguished persons: for example, senior oﬃcials of archaeological services, museums, etc., a representative of the military general staﬀ, a representative of the Ministry of Foreign Aﬀairs, a specialist in international law and two or three other members whose oﬃcial duties or specialized knowledge are related to the ﬁelds covered by the Convention. The Committee should be under the authority of the minister of State or senior oﬃcial responsible for the national service chieﬂy concerned with the care of cultural property. Its chief functions would be: (a) to advise the government concerning the measures required for the implementation of the Convention in its legislative, technical or military aspects, both in time of peace and during an armed conﬂict; (b) to approach its government in the event of an armed conﬂict or when such a conﬂict appears imminent, with a view to ensuring that cultural property situated within its own territory or that of other countries is known to, and respected and protected, by the armed forces of the country, in accordance of the provisions of the Convention; (c) to arrange, in agreement with its government, for liaison and cooperation with other similar national committees and with any competent national authority.

Resolution III The Conference expresses the hope that the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization should convene, as soon as possible after the entry into force of the Convention for the Protection of Cultural Property in the Event of Armed Conﬂict, a meeting of the High Contracting Parties. Certified a true and complete copy of the original of the Final Act of the Intergovernmental Conference on the Protection of Cultural Property in the Event of Armed Conﬂict, of the Convention for the Protection of Cultural Property in the Event of Armed Conﬂict and of the Protocol for the Protection of Cultural Property in the Event of Armed Conﬂict, signed at The Hague on 14 May 1954, and of the resolutions annexed to the Final Act.

Conventions and Agreements of a Standard-setting Nature

69

Convention concerning the International Exchange of Publications adopted by the General Conference of UNESCO at its 10th session, Paris, 3 December 1958 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 4 November to 5 December 1958, at its tenth session, Convinced that development of the international exchange of publications is essential to the free exchange of ideas and knowledge among the peoples of the world, Considering the importance accorded to the international exchange of publications by the Constitution of the United Nations Educational, Scientiﬁc and Cultural Organization, Recognizing the need for a new international convention concerning the exchange of publications, Having before it proposals concerning the international exchange of publications constituting item 15.4.1 on the agenda of the session, Having decided, at its ninth session, that these proposals should be made the subject of international regulation by way of an international convention, Adopts, this third day of December 1958, the present Convention.

Article . Exchange of publications The Contracting States undertake to encourage and facilitate the exchange of publications between both governmental bodies and non-governmental institutions of an educational, scientiﬁc and technical, or cultural nature, which are non-proﬁt-making in character, in accordance with the provisions of the present Convention.

Article . Scope of the exchange of publications 1. For the purpose of the present Convention, the following publications may be considered appropriate Articles to be exchanged, for use but not for resale, between the bodies and institutions referred to in Article 1 of the present Convention: (a) publications of an educational, legal, scientiﬁc and technical, cultural and informational nature, such as books, newspapers and periodicals, maps and plans, prints, photographs, microcopies, musical works, Braille publications and other graphic material; (b) publications covered by the Convention concerning the Exchange of Oﬃcial Publications and Government Documents between States, adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization on the third day of December 1958.

70

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

2. The present Convention in no way affects exchanges carried out under the convention concerning the exchange of oﬃcial publications and government documents between States, adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization on the third day of December 1958. 3. The present Convention does not apply to conﬁdential documents, circulars and other items which have not been made public.

Article . Exchange services 1. The Contracting States may entrust the national exchange service or, where no such national exchange service exists, the central exchange authority or authorities with the following functions in connection with the development and coordination of the exchange of publications among bodies and institutions referred to in Article 1 of the present Convention: (a) facilitating the international exchange of publications, in particular by transmitting, when appropriate, the material to be exchanged; (b) supplying advice and information on exchange possibilities for bodies and institutions at home and abroad; (c) encouraging, when appropriate, the exchange of duplicate material. 2. However, when it is deemed undesirable to centralize in the national exchange service or in central authorities the development and coordination of exchanges among bodies and institutions referred to in Article 1 of the present Convention, any or all of the functions enumerated in paragraph 1 of the present Article may be entrusted to an other authority or authorities.

Article . Method of transmission The transmission may be made either directly between the bodies and institutions concerned, or through the national exchange service or exchange authorities.

Article . Transport charges When transmissions are made directly between exchange partners, the Contracting States shall not be required to bear the cost thereof. If the transmission is made through the exchange authority or authorities, the Contracting States shall bear the cost of the transmission as far as destination, but, for transport by sea, the cost of packing and carriage shall be paid only as far as the customs oﬃce of the port of arrival.

Article . Rates and conditions of transport The Contracting States shall take all the necessary measures to ensure that the exchange authorities beneﬁt from the most favourable existing rates and transport conditions, whatever the means of transport chosen: post, road, rail, inland or sea transport, airmail or air cargo.

Conventions and Agreements of a Standard-setting Nature

71

Article . Customs and other facilities Each Contracting State shall grant its exchange authorities exemption from customs duties for both imported and exported material under the provisions of the present Convention or under any agreement in implementation thereof and shall accord them the most favourable treatment as regards customs and other facilities.

Article . International coordination of exchange To assist the United Nations Educational, Scientiﬁc and Cultural Organization in the performance of the functions assigned to it by its Constitution concerning the international coordination of exchange, the Contracting States shall send to the Organization annual reports on the working of the present Convention and copies of bilateral agreements entered into in accordance with Article 12.

Article . Information and studies The United Nations Educational, Scientiﬁc and Cultural Organization shall publish information received from the Contracting States in application of Article 8 and shall prepare and publish studies on the working of the present Convention.

Article . Assistance of UNESCO 1. The Contracting States may call upon the United Nations Educational, Scientiﬁc and Cultural Organization for technical assistance in connection with any problem arising out of the application of the present Convention. The Organization shall accord such assistance within the limits ﬁxed by its programme and its resources, in particular, for the creation and organization of national exchange services. 2. The Organization is authorized to make, on its own initiative, proposals on this matter to the Contracting States.

Article . Relation to previous agreements The present Convention shall not aﬀect obligations previously entered into by the Contracting States by virtue of international agreements.

Article . Bilateral agreements Whenever necessary or desirable, the Contracting States shall enter into bilateral agreements for the purpose of supplementing the present Convention and regulating matters of common concern arising out of its application.

Article . Languages The present Convention is drawn up in English, French, Russian and Spanish, the four texts being equally authoritative.

72

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . Ratiﬁcation and acceptance 1. The present Convention shall be subject to ratiﬁcation or acceptance by States Members of the United Nations Educational, Scientiﬁc and Cultural Organization, in accordance with their respective constitutional procedures. 2. The instruments of ratiﬁcation or acceptance shall be deposited with the DirectorGeneral of the United Nations Educational, Scientiﬁc and Cultural Organization.

Article . Accession 1. The present Convention shall be open for accession by all States not members of the Organization invited to do so by the Executive Board of the United Nations Educational, Scientiﬁc and Cultural Organization. 2. Accession shall be eﬀected by the deposit of an instrument of accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

Article . Entry into force The present Convention shall enter into force twelve months after the date of the deposit of the third instrument of ratiﬁcation, acceptance or accession, but only with respect to those States which have deposited their respective instruments on or before that date. It shall enter into force for each other State which deposits its instrument of ratiﬁcation, acceptance or accession, twelve months after the deposit of its instrument of ratiﬁcation, acceptance or accession.

Article . Territorial extension of the Convention Any Contracting State may, at the time of ratiﬁcation, acceptance or accession, or at any time thereafter, declare by notiﬁcation addressed to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization that the present Convention shall extend to all or any of the territories for whose international relations it is responsible. The said notiﬁcation shall take eﬀect twelve months after the date of its receipt.

Article . Denunciations 1. Each Contracting State may denounce the present Convention on its own behalf or on behalf of any territory for whose international relations it is responsible. 2. The denunciation shall be notiﬁed by an instrument in writing, deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization. 3. The denunciation shall take eﬀect twelve months after the receipt of the instrument of denunciation.

Conventions and Agreements of a Standard-setting Nature

73

Article . Notiﬁcations The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the States Members of the Organization, States not members of the Organization referred to in Article 15, as well as the United Nations, of the deposit of all the instruments of ratiﬁcation, acceptance and accession provided for in Articles 14 and 15 and of the notiﬁcations and denunciations provided for respectively in Articles 17 and 18.

Article . Revision of the Convention 1. The present Convention may be revised by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, any such revision, however, binding only those States which shall become parties to the revising convention. 2. Should the General Conference adopt a new convention revising the present Convention in whole or in part, and unless the new convention otherwise provides, the present Convention shall cease to be open to ratiﬁcation, acceptance or accession as from the date when the new revising convention enters into force.

Article . Registration In accordance with Article 102 of the Charter of the United Nations, the present Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. Done at Paris, this ﬁfth day of December 1958, in two authentic copies bearing the signatures of the President of the tenth session of the General Conference and of the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, which shall be deposited in the Archives of the United Nations Educational, Scientiﬁc and Cultural Organization and certiﬁed true copies of which shall be delivered to all the States referred to in Articles 14 and 15 as well as to the United Nations. IN FAITH WHEREOF, we have appended our signatures this ﬁfth day of December 1958. The President of the General Conference The Director-General

74

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Convention concerning the Exchange of Oﬃcial Publications and Government Documents between States adopted by the General Conference of UNESCO at its 10th session, Paris, 3 December 1958 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 4 November to 5 December 1958, at its tenth session, Convinced that development of the international exchange of publications is essential to the free exchange of ideas and knowledge among the peoples of the world, Considering the importance accorded to the international exchange of publications by the Constitution of the United Nations Educational, Scientific and Cultural Organization, Being aware of the provisions for the exchange of oﬃcial publications and government documents contained in the Convention for the International Exchange of Oﬃcial Documents, Scientiﬁc and Literary Publications and in the Convention for the Immediate Exchange of Oﬃcial Journals, Public Parliamentary Annals and Documents, concluded in Brussels on 15 March 1886 and in various regional agreements for the exchange of publications, Recognizing the need for a new international convention concerning the exchange of oﬃcial publications and government documents between States, Having before it proposals concerning the exchange of oﬃcial publications and government documents between States constituting item 15.4.1 on the agenda of the session, Having decided, at its ninth session that these proposals should be made the subject of international regulation by way of an international convention, Adopts, this third day of December 1958, the present Convention.

Article . Exchange of oﬃcial publications and government documents The Contracting States express their willingness to exchange their oﬃcial publications and government documents, on a reciprocal basis, in accordance with the provisions of the present Convention.

Article . Deﬁnition of oﬃcial publications and government documents 1. For the purpose of the present Convention, the following are considered oﬃcial publications and government documents when they are executed by the order and at the expense of any national governmental authority: parliamentary documents, reports

Conventions and Agreements of a Standard-setting Nature

75

and journals and other legislative papers; administrative publications and reports from central, federal and regional governmental bodies; national bibliographies, State handbooks, bodies of law, decisions of the Courts of Justice; and other publications as may be agreed. 2. However, in the application of the present Convention, the Contracting States shall be free to determine the oﬃcial publications and government documents which shall constitute exchange material. 3. The present Convention does not apply to conﬁdential documents, circulars and other items which have not been made public.

Article . Bilateral agreements The Contracting States, whenever they deem it appropriate, shall enter into bilateral agreements for the purpose of implementing the present Convention and regulating matters of common concern arising out of its application.

Article . National exchange authorities 1. In each Contracting State, the national exchange service or, where no such service exists, the central authority or authorities designated for the purpose, shall carry out the functions of exchange. 2. The exchange authorities shall be responsible within each Contracting State for the implementation of the present Convention and of bilateral agreements as referred to in Article 3, whenever appropriate. Each Contracting State shall give its national exchange service or the central exchange authorities the powers required to obtain the material to be exchanged and suﬃcient ﬁnancial means to carry out the functions of exchange.

Article . List and number of publications for exchange The list and number of oﬃcial publications and government documents for exchange shall be agreed between the exchange authorities of the Contracting States. This list and the number of oﬃcial publications set forth in the Convention for exchange may be modiﬁed by arrangements between such authorities.

Article . Method of transmission Transmissions may be made directly to exchange authorities or to recipients named by them. The method of listing consignments may be agreed between exchange authorities.

Article . Transport charges Unless otherwise agreed, the exchange authority which undertakes the transmission shall bear the cost thereof as far as destination, but, for transport by sea, the cost of packing and carriage shall be paid only as far as the customs oﬃce of the port of arrival.

76

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . Rates and conditions of transport The Contracting States shall take all the necessary measures to ensure that the exchange authorities beneﬁt from the most favourable existing rates and transport conditions, whatever the means of transport chosen: post, road, rail, inland or sea transport, airmail or air cargo.

Article . Customs and other facilities Each Contracting State shall grant its exchange authorities exemption from customs duties for both imported and exported material under the provisions of the present Convention or under any agreement in implementation thereof and shall accord them the most favourable treatment as regards customs and other facilities.

Article . International coordination of exchange To assist the United Nations Educational, Scientiﬁc and Cultural Organization in the performance of the functions concerning the international coordination of exchange assigned to it by its Constitution, the Contracting States shall send to the Organization annual reports on the working of the present Convention and copies of bilateral agreements entered into in accordance with Article 3.

Article . Information and studies The United Nations Educational, Scientiﬁc and Cultural Organization shall publish information received from the Contracting States in conformity with Article 10 and shall prepare and publish studies on the working of the present Convention.

Article . Assistance of UNESCO 1. The Contracting States may call upon the United Nations Educational, Scientiﬁc and Cultural Organization for technical assistance in connection with any problem arising out of the application of the present Convention. The Organization shall accord such assistance within the limits ﬁxed by its programme and its resources, in particular, for the creation and organization of national exchange services. 2. The Organization is authorized to make, on its own initiative, proposals on these matters to the Contracting States.

Article . Relation to previous agreements The present Convention shall not aﬀect obligations previously entered into by the Contracting States by virtue of international agreements. It shall not be construed as requiring a duplication of exchanges conducted under existing agreements.

Article . Languages The present Convention is drawn up in English, French, Russian and Spanish, the four texts being equally authoritative.

Conventions and Agreements of a Standard-setting Nature

77

Article . Ratiﬁcation and acceptance 1. The present Convention shall be subject to ratiﬁcation or acceptance by States Members of the United Nations Educational, Scientiﬁc and Cultural Organization, in accordance with their respective constitutional procedures. 2. The instruments of ratiﬁcation or acceptance shall be deposited with the DirectorGeneral of the United Nations Educational, Scientiﬁc and Cultural Organization.

Article . Accession 1. The present Convention shall be open for accession by all States not members of the Organization invited to do so by the Executive Board of the United Nations Educational, Scientiﬁc and Cultural Organization. 2. Accession shall be eﬀected by the deposit of an instrument of accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

Article . Entry into force The present Convention shall enter into force twelve months after the date of the deposit of the third instrument of ratiﬁcation, acceptance or accession, but only with respect to those States which have deposited their respective instruments on or before that date. It shall enter into force for each other State which deposits its instrument of ratiﬁcation, acceptance or accession, twelve months after the deposit of its instrument of ratiﬁcation, acceptance or accession.

Article . Territorial extension of the Convention Any Contracting State may, at the time of ratiﬁcation, acceptance or accession, or at any time thereafter, declare by notiﬁcation addressed to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization that the present Convention shall extend to all or any of the territories for whose international relations it is responsible. The said notiﬁcation shall take eﬀect twelve months after the date of its receipt.

Article . Denunciation 1. Each Contracting State may denounce the present Convention on its own behalf or on behalf of any territory for whose international relations it is responsible. 2. The denunciation shall be notiﬁed by an instrument in writing, deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization. 3. The denunciation shall take eﬀect twelve months after the receipt of the instrument of denunciation.

78 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . Notiﬁcations The Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall inform the States Members of the Organization, States not members of the Organization referred to in Article 16, as well as the United Nations, of the deposit of all the instruments of ratiﬁcation, acceptance and accession provided for in Articles 15 and 16 and of the notiﬁcations and denunciations provided for respectively in Articles 18 and 19.

Article . Revision of the Convention 1. The present Convention may be revised by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, any such revision, however, binding only those States which shall become parties to the revising convention. 2. Should the General Conference adopt a new convention revising the present Convention in whole or in part, and unless the new convention otherwise provides, the present Convention shall cease to be open to ratiﬁcation, acceptance or accession as from the date when the new revising convention enters into force.

Article . Registration In accordance with Article 102 of the Charter of the United Nations, the present Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of the United Nations Educational, Scientific and Cultural Organization. Done at Paris, this ﬁfth day of December 1958, in two authentic copies bearing the signatures of the President of the tenth session of the General Conference and of the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, which shall be deposited in the Archives of the United Nations Educational, Scientiﬁc and Cultural Organization and certiﬁed true copies of which shall be delivered to all the States referred to in Articles 15 and 16 as well as to the United Nations. IN FAITH WHEREOF, we have appended our signatures this ﬁfth day of December 1958. The President of the General Conference The Director-General

Conventions and Agreements of a Standard-setting Nature

79

Convention against Discrimination in Education adopted by the General Conference of UNESCO at its 11th session, Paris, 14 December 1960 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 14 November to 15 December 1960, at its eleventh session, Recalling that the Universal Declaration of Human Rights asserts the principle of nondiscrimination and proclaims that every person has the right to education, Considering that discrimination in education is a violation of rights enunciated in that Declaration, Considering that, under the terms of its Constitution, the United Nations Educational, Scientiﬁc and Cultural Organization has the purpose of instituting collaboration among the nations with a view to furthering for all universal respect for human rights and equality of educational opportunity, Recognizing that, consequently, the United Nations Educational, Scientiﬁc and Cultural Organization, while respecting the diversity of national educational systems, has the duty not only to proscribe any form of discrimination in education but also to promote equality of opportunity and treatment for all in education, Having before it proposals concerning the diﬀerent aspects of discrimination in education, constituting item 17.1.4 of the agenda of the session, Having decided at its tenth session that this question should be made the subject of an international convention as well as of recommendations to Member States, Adopts this Convention on the fourteenth day of December 1960.

Article  1. For the purposes of this Convention, the term ‘discrimination’ includes any distinction, exclusion, limitation or preference which, being based on race, colour, sex, language, religion, political or other opinion, national or social origin, economic condition or birth, has the purpose or eﬀect of nullifying or impairing equality of treatment in education, and in particular: (a) of depriving any person or group of persons of access to education of any type or at any level; (b) of limiting any person or group of persons to education of an inferior standard; (c) subject to the provisions of Article 2 of this Convention, of establishing or maintaining separate educational systems or institutions for persons or groups of persons; or (d) of inﬂicting on any person or group of persons conditions which are incompatible with the dignity of man.

80

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

2. For the purposes of this Convention, the term ‘education’ refers to all types and levels of education, and includes access to education, the standard and quality of education, and the conditions under which it is given.

Article  When permitted in a State, the following situations shall not be deemed to constitute discrimination, within the meaning of Article 1 of this Convention: (a) the establishment or maintenance of separate educational systems or institutions for pupils of the two sexes, if these systems or institutions oﬀer equivalent access to education, provide a teaching staﬀ with qualiﬁcations of the same standard as well as school premises and equipment of the same quality, and aﬀord the opportunity to take the same or equivalent courses of study; (b) the establishment or maintenance, for religious or linguistic reasons, of separate educational systems or institutions oﬀering an education which is in keeping with the wishes of the pupil’s parents or legal guardians, if participation in such systems or attendance at such institutions is optional and if the education provided conforms to such standards as may be laid down or approved by the competent authorities, in particular for education of the same level; (c) the establishment or maintenance of private educational institutions, if the object of the institutions is not to secure the exclusion of any group but to provide educational facilities in addition to those provided by the public authorities, if the institutions are conducted in accordance with that object, and if the education provided conforms with such standards as may be laid down or approved by the competent authorities, in particular for education of the same level.

Article  In order to eliminate and prevent discrimination within the meaning of this Convention, the States Parties thereto undertake: (a) to abrogate any statutory provisions and any administrative instructions and to discontinue any administrative practices which involve discrimination in education; (b) to ensure, by legislation where necessary, that there is no discrimination in the admission of pupils to educational institutions; (c) not to allow any diﬀerences of treatment by the public authorities between nationals, except on the basis of merit or need, in the matter of school fees and the grant of scholarships or other forms of assistance to pupils and necessary permits and facilities for the pursuit of studies in foreign countries; (d) not to allow, in any form of assistance granted by the public authorities to educational institutions, any restrictions or preference based solely on the ground that pupils belong to a particular group; (e) to give foreign nationals resident within their territory the same access to education as that given to their own nationals.

Conventions and Agreements of a Standard-setting Nature

81

Article  The States Parties to this Convention undertake furthermore to formulate, develop and apply a national policy which, by methods appropriate to the circumstances and to national usage, will tend to promote equality of opportunity and of treatment in the matter of education, and in particular: (a) to make primary education free and compulsory; make secondary education in its diﬀerent forms generally available and accessible to all; make higher education equally accessible to all on the basis of individual capacity; assure compliance by all with the obligation to attend school prescribed by law; (b) to ensure that the standards of education are equivalent in all public educational institutions of the same level, and that the conditions relating to the quality of the education provided are also equivalent; (c) to encourage and intensify by appropriate methods the education of persons who have not received any primary education, or who have not completed the entire primary education course, and the continuation of their education on the basis of individual capacity; (d) to provide training for the teaching profession without discrimination.

Article  1. The States Parties to this Convention agree that: (a) education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms; it shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace; (b) it is essential to respect the liberty of parents and, where applicable, of legal guardians, ﬁrstly to choose for their children institutions other than those maintained by the public authorities but conforming to such minimum educational standards as may be laid down or approved by the competent authorities and, secondly, to ensure, in a manner consistent with the procedures followed in the State for the application of its legislation, the religious and moral education of the children in conformity with their own convictions; and no person or group of persons should be compelled to receive religious instruction inconsistent with his or their convictions; (c) it is essential to recognize the right of members of national minorities to carry on their own educational activities, including the maintenance of schools and, depending on the educational policy of each State, the use or the teaching of their own language, provided however: (i) that this right is not exercised in a manner which prevents the members of these minorities from understanding the culture and language of the community as a whole and from participating in its activities, or which prejudices national sovereignty; (ii) that the standard of education is not lower than the general standard laid down or approved by the competent authorities; and (iii) that attendance at such schools is optional.

82

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

2. The States Parties to this Convention undertake to take all necessary measures to ensure the application of the principles enunciated in paragraph 1 of this Article.

Article  In the application of this Convention, the States Parties to it undertake to pay the greatest attention to any recommendations hereafter adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization deﬁning the measures to be taken against the diﬀerent forms of discrimination in education and for the purpose of ensuring equality of opportunity and treatment in education.

Article  The States Parties to this Convention shall in their periodic reports submitted to the General Conference of the United Nations Educational, Scientific and Cultural Organization, on dates and in a manner to be determined by it, give information on the legislative and administrative provisions which they have adopted and other action which they have taken for the application of this Convention, including that taken for the formulation and the development of the national policy deﬁned in Article 4, as well as the results achieved and the obstacles encountered in the application of that policy.

Article  Any dispute which may arise between any two or more States Parties to this Convention concerning the interpretation or application of this Convention, which is not settled by negotiation, shall at the request of the parties to the dispute be referred, failing other means of settling the dispute, to the International Court of Justice for decision.

Article  Reservations to this Convention shall not be permitted.

Article  This Convention shall not have the eﬀect of diminishing the rights which individuals or groups may enjoy by virtue of agreements concluded between two or more States, where such rights are not contrary to the letter or spirit of this Convention.

Article  This Convention is drawn up in English, French, Russian and Spanish, the four texts being equally authoritative.

Article  1. This Convention shall be subject to ratiﬁcation or acceptance by States Members of the United Nations Educational, Scientiﬁc and Cultural Organization in accordance with their respective constitutional procedures.

Conventions and Agreements of a Standard-setting Nature

83

2. The instruments of ratiﬁcation or acceptance shall be deposited with the DirectorGeneral of the United Nations Educational, Scientiﬁc and Cultural Organization.

Article  1. This Convention shall be open to accession by all States not Members of the United Nations Educational, Scientiﬁc and Cultural Organization which are invited to do so by the Executive Board of the Organization. 2. Accession shall be eﬀected by the deposit of an instrument of accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

Article  This Convention shall enter into force, three months after the date of the deposit of the third instrument of ratiﬁcation, acceptance or accession, but only with respect to those States which have deposited their respective instruments on or before that date. It shall enter into force with respect to any other State three months after the deposit of its instrument of ratiﬁcation, acceptance or accession.

Article  The States Parties to this Convention recognize that the Convention is applicable not only to their metropolitan territory but also to all non-self-governing, trust, colonial and other territories for the international relations of which they are responsible; they undertake to consult, if necessary, the governments or other competent authorities of these territories on or before ratiﬁcation, acceptance or accession with a view to securing the application of the Convention to those territories, and to notify the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization of the territories to which it is accordingly applied, the notiﬁcation to take eﬀect three months after the date of its receipt.

Article  1. Each State Party to this Convention may denounce the Convention on its own behalf or on behalf of any territory for whose international relations it is responsible. 2. The denunciation shall be notiﬁed by an instrument in writing, deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization. 3. The denunciation shall take eﬀect twelve months after the receipt of the instrument of denunciation.

Article  The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the States Members of the Organization, the States not members of the Organization which are referred to in Article 13, as well as the United Nations, of

84

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

the deposit of all the instruments of ratiﬁcation, acceptance and accession provided for in Articles 12 and 13, and of the notiﬁcations and denunciations provided for in Articles 15 and 16 respectively.

Article  1. This Convention may be revised by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization. Any such revision shall, however, bind only the States which shall become Parties to the revising convention. 2. If the General Conference should adopt a new convention revising this Convention in whole or in part, then, unless the new convention otherwise provides, this Convention shall cease to be open to ratiﬁcation, acceptance or accession as from the date on which the new revising convention enters into force.

Article  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 the United Nations Educational, Scientific and Cultural Organization. Done in Paris, this ﬁfteenth day of December 1960, in two authentic copies bearing the signatures of the President of the eleventh session of the General Conference and of the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, which shall be deposited in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization, and certiﬁed true copies of which shall be delivered to all the States referred to in Articles 12 and 13 as well as to the United Nations. IN FAITH WHEREOF, we have appended our signatures this ﬁfteenth day of December 1960. The President of the General Conference The Director-General

Conventions and Agreements of a Standard-setting Nature

85

International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations adopted by the Diplomatic Conference on the International Protection of Performers, Producers of Phonograms, and Broadcasting Organizations, convened by ILO, UNESCO and the International Union for the Protection of Literary and Artistic Works, Rome, 26 October 1961 The Contracting States, Moved by the desire to protect the rights of performers, producers of phonograms, and broadcasting organizations, Have agreed as follows:

Article  Protection granted under this Convention shall leave intact and shall in no way aﬀect the protection of copyright in literary and artistic works. Consequently, no provision of this Convention may be interpreted as prejudicing such protection.

Article  1. For the purposes of this Convention, ‘national treatment’ shall mean the treatment accorded by the domestic law of the Contracting State in which protection is claimed: (a) to performers who are its nationals, as regards performances taking place, broadcast, or ﬁrst ﬁxed, on its territory; (b) to producers of phonograms who are its nationals, as regards phonograms ﬁrst ﬁxed or ﬁrst published on its territory; (c) to broadcasting organizations which have their headquarters on its territory, as regards broadcasts transmitted from transmitters situated on its territory. 2. National treatment shall be subject to the protection speciﬁcally guaranteed, and the limitations speciﬁcally provided for, in this Convention.

Article  For the purposes of this Convention: (a) ‘performers’ means actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, or otherwise perform literary or artistic works; (b) ‘phonogram’ means any exclusively aural ﬁxation of sounds of a performance or of other sounds;

86

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(c) (d) (e) (f) (g)

‘producer of phonograms’ means the person who, or the legal entity which, ﬁrst ﬁxes the sounds of a performance or other sounds; ‘publication’ means the oﬀering of copies of a phonogram to the public in reasonable quantity; ‘reproduction’ means the making of a copy or copies of a ﬁxation; ‘broadcasting’ means the transmission by wireless means for public reception of sounds or of images and sounds; ‘rebroadcasting’ means the simultaneous broadcasting by one broadcasting organization of the broadcast of another broadcasting organization.

Article  Each Contracting State shall grant national treatment to performers if any of the following conditions is met: (a) the performance takes place in another Contracting State; (b) the performance is incorporated in a phonogram which is protected under Article 5 of this Convention; (c) the performance, not being ﬁxed on a phonogram, is carried by a broadcast which is protected by Article 6 of this Convention.

Article  1. Each Contracting State shall grant national treatment to producers of phonograms if any of the following conditions is met: (a) the producer of the phonogram is a national of another Contracting State (criterion of nationality); (b) the ﬁrst ﬁxation of the sound was made in another Contracting State (criterion of ﬁxation); (c) the phonogram was ﬁrst published in another Contracting State (criterion of publication). 2. If a phonogram was ﬁrst published in a non-Contracting State but if it was also published, within thirty days of its ﬁrst publication, in a Contracting State (simultaneous publication), it shall be considered as ﬁrst published in the Contracting State. 3. By means of a notiﬁcation deposited with the Secretary-General of the United Nations, any Contracting State may declare that it will not apply the criterion of publication or, alternatively, the criterion of ﬁxation. Such notiﬁcation may be deposited at the time of ratiﬁcation, acceptance or accession, or at any time thereafter; in the last case, it shall become eﬀective six months after it has been deposited.

Article  1. Each Contracting State shall grant national treatment to broadcasting organizations if either of the following conditions is met: (a) the headquarters of the broadcasting organization is situated in another Contracting State;

Conventions and Agreements of a Standard-setting Nature

(b)

87

the broadcast was transmitted from a transmitter situated in another Contracting State.

2. By means of a notiﬁcation deposited with the Secretary-General of the United Nations, any Contracting State may declare that it will protect broadcasts only if the headquarters of the broadcasting organization is situated in another Contracting State and the broadcast was transmitted from a transmitter situated in the same Contracting State. Such notiﬁcation may be deposited at the time of ratiﬁcation, acceptance or accession, or at any time thereafter; in the last case, it shall become eﬀective six months after it has been deposited.

Article  1. The protection provided for performers by this Convention shall include the possibility of preventing: (a) the broadcasting and the communication to the public, without their consent, of their performance, except where the performance used in the broadcasting or the public communication is itself already a broadcast performance or is made from a ﬁxation; (b) the ﬁxation, without their consent, of their unﬁxed performance; (c) the reproduction, without their consent, of a ﬁxation of their performance: (i) if the original ﬁxation itself was made without their consent; (ii) if the reproduction is made for purposes diﬀerent from those for which the performers gave their consent; (iii) if the original ﬁxation was made in accordance with the provisions of Article 15, and the reproduction is made for purposes diﬀerent from those referred to in those provisions. 2. (1)

(2)

(3)

If broadcasting was consented to by the performers, it shall be a matter for the domestic law of the Contracting State where protection is claimed to regulate the protection against rebroadcasting, ﬁxation for broadcasting purposes, and the reproduction of such ﬁxation for broadcasting purposes. The terms and conditions governing the use by broadcasting organizations of ﬁxations made for broadcasting purposes shall be determined in accordance with the domestic law of the Contracting State where protection is claimed. However, the domestic law referred to in sub-paragraphs (1) and (2) of this paragraph shall not operate to deprive performers of the ability to control, by contract, their relations with broadcasting organizations.

Article  Any Contracting State may, by its domestic laws and regulations, specify the manner in which performers will be represented in connection with the exercise of their rights if several of them participate in the same performance.

88

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  Any Contracting State may, by its domestic laws and regulations, extend the protection provided for in this Convention to artists who do not perform literary or artistic works.

Article  Producers of phonograms shall enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.

Article  If, as a condition of protecting the rights of producers of phonograms, or of performers, or both, in relation to phonograms, a Contracting State, under its domestic law, requires compliance with formalities, these shall be considered as fulﬁlled if all the copies in commerce of the published phonogram or their containers bear a notice consisting of the symbol P accompanied by the year date of the ﬁrst publication, placed in such a manner as to give reasonable notice of claim of protection; and if the copies or their containers do not identify the producer or the licensee of the producer (by carrying his name, trademark or other appropriate designation), the notice shall also include the name of the owner of the rights of the producer; and, furthermore, if the copies or their containers do not identify the principal performers, the notice shall also include the name of the person who, in the country in which the ﬁxation was eﬀected, owns the rights of such performers.



Article  If a phonogram published for commercial purposes, or a reproduction of such phonogram, is used directly for broadcasting or for any communication to the public, a single equitable remuneration shall be paid by the user to the performers, or to the producers of the phonograms, or to both. Domestic law may, in the absence of agreement between these parties, lay down the conditions as to the sharing of this remuneration.

Article  Broadcasting organizations shall enjoy the right to authorize or prohibit: (a) the rebroadcasting of their broadcasts; (b) the ﬁxation of their broadcasts; (c) the reproduction: (i) of ﬁxations, made without their consent, of their broadcasts; (ii) of ﬁxations, made in accordance with the provisions of Article 15, of their broadcasts, if the reproduction is made for purposes diﬀerent from those referred to in those provisions; (d) the communication to the public of their television broadcasts if such communication is made in places accessible to the public against payment of an entrance fee; it shall be a matter for the domestic law of the State where protection of this right is claimed to determine the conditions under which it may be exercised.

Conventions and Agreements of a Standard-setting Nature

89

Article  The term of protection to be granted under this Convention shall last at least until the end of a period of twenty years computed from the end of the year in which: (a) the fixation was made, for phonograms and for performances incorporated therein; (b) the performance took place, for performances not incorporated in phonograms; (c) the broadcast took place, for broadcasts.

Article  1. Any Contracting State may, in its domestic laws and regulations, provide for exceptions to the protection guaranteed by this Convention as regards: (a) private use, (b) use of short excerpts in connection with the reporting of current events, (c) ephemeral ﬁxation by a broadcasting organization by means of its own facilities and for its own broadcasts, (d) use solely for the purposes of teaching or scientiﬁc research. 2. Irrespective of paragraph 1 of this Article, any Contracting State may, in its domestic laws and regulations, provide for the same kinds of limitations with regard to the protection of performers, producers of phonograms and broadcasting organizations, as it provides for, in its domestic laws and regulations, in connection with the protection of copyright in literary and artistic works. However, compulsory licences may be provided for only to the extent to which they are compatible with this Convention.

Article  1. Any State, upon becoming party to this Convention, shall be bound by all the obligations and shall enjoy all the beneﬁts thereof. However, a State may at any time, in a notiﬁcation deposited with the Secretary-General of the United Nations, declare that: (a) as regards Article 12: (i) it will not apply the provisions of that Article; (ii) it will not apply the provisions of that Article in respect of certain uses; (iii) as regards phonograms the producer of which is not a national of another Contracting State, it will not apply that Article; (iv) as regards phonograms the producer of which is a national of another Contracting State, it will limit the protection provided for by that Article to the extent to which, and to the term for which, the latter State grants protection to phonograms ﬁrst ﬁxed by a national of the State making the declaration; however, the fact that the Contracting State of which the producer is a national does not grant the protection to the same beneﬁciary or beneﬁciaries as the State making the declaration shall not be considered as a diﬀerence in the extent of the protection;

90

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b)

as regards Article 13, it will not apply item (d) of that Article; if a Contracting State makes such a declaration, the other Contracting States shall not be obliged to grant the right referred to in Article 13, item (d), to broadcasting organizations whose headquarters are in that State.

2. If the notiﬁcation referred to in paragraph 1 of this Article is made after the date of the deposit of the instrument of ratiﬁcation, acceptance or accession, the declaration will become eﬀective six months after it has been deposited.

Article  Any State which, on 26 October 1961, grants protection to producers of phonograms solely on the basis of the criterion of ﬁxation may, by a notiﬁcation deposited with the Secretary-General of the United Nations at the time of ratiﬁcation, acceptance or accession, declare that it will apply, for the purposes of Article 5, the criterion of ﬁxation alone and, for the purposes of paragraph 1(a) (iii) and (iv) of Article 16, the criterion of ﬁxation instead of the criterion of nationality.

Article  Any State which has deposited a notiﬁcation under paragraph 3 of Article 5, paragraph 2 of Article 6, paragraph 1 of Article 16, or Article 17, may, by a further notiﬁcation deposited with the Secretary-General of the United Nations, reduce its scope or withdraw it.

Article  Notwithstanding anything in this Convention, once a performer has consented to the incorporation of his performance in a visual or audio-visual ﬁxation, Article 7 shall have no further application.

Article  1. This Convention shall not prejudice rights acquired in any Contracting State before the date of coming into force of this Convention for that State. 2. No Contracting State shall be bound to apply the provisions of this Convention to performances or broadcasts which took place, or to phonograms which were ﬁxed, before the date of coming into force of this Convention for that State.

Article  The protection provided for in this Convention shall not prejudice any protection otherwise secured to performers, producers of phonograms and broadcasting organizations.

Article  Contracting States reserve the right to enter into special agreements among themselves in so far as such agreements grant to performers, producers of phonograms, or

Conventions and Agreements of a Standard-setting Nature

91

broadcasting organizations more extensive rights than those granted by this Convention or contain other provisions not contrary to this Convention.

Article  This Convention shall be deposited with the Secretary-General of the United Nations. It shall be open until 30 June 1962 for signature by any State invited to the Diplomatic Conference on the International Protection of Performers, Producers of Phonograms and Broadcasting Organizations which is a party to the Universal Copyright Convention or a member of the International Union for the Protection of Literary and Artistic Works.

Article  1. This Convention shall be subject to ratiﬁcation or acceptance by the signatory States. 2. This Convention shall be open for accession by any State invited to the Conference referred to in Article 23, and by any State Member of the United Nations, provided that in either case such State is a party to the Universal Copyright Convention or a member of the International Union for the Protection of Literary and Artistic Works. 3. Ratiﬁcation, acceptance or accession shall be eﬀected by the deposit of an instrument to that eﬀect with the Secretary-General of the United Nations.

Article  1. This Convention shall come into force three months after the date of deposit of the sixth instrument of ratiﬁcation, acceptance or accession. 2. Subsequently, this Convention shall come into force in respect of each State three months after the date of deposit of its instrument of ratiﬁcation, acceptance or accession.

Article  1. Each Contracting State undertakes to adopt, in accordance with its Constitution, the measures necessary to ensure the application of this Convention. 2. At the time of deposit of its instrument of ratiﬁcation, acceptance or accession, each State must be in a position under its domestic law to give eﬀect to the terms of this Convention.

Article  1. Any State may, at the time of ratiﬁcation, acceptance or accession, or at any time thereafter, declare by notiﬁcation addressed to the Secretary-General of the United Nations that this Convention shall extend to all or any of the territories for whose

92

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

international relations it is responsible, provided that the Universal Copyright Convention or the International Convention for the Protection of Literary and Artistic Works applies to the territory or territories concerned. This notiﬁcation shall take eﬀect three months after the date of its receipt. 2. The notiﬁcations referred to in paragraph 3 of Article 5, paragraph 2 of Article 6, paragraph 2 of Article 16, and Articles 17 and 18, may be extended to cover all or any of the territories referred to in paragraph 1 of this Article.

Article  1. Any Contracting State may denounce this Convention, on its own behalf, or on behalf of all or any of the territories referred to in Article 27. 2. The denunciation shall be eﬀected by a notiﬁcation addressed to the Secretary-General of the United Nations and shall take eﬀect twelve months after the date of receipt of the notiﬁcation. 3. The right of denunciation shall not be exercised by a Contracting State before the expiry of a period of ﬁve years from the date on which the Convention came into force with respect to that State. 4. A Contracting State shall cease to be a party to this Convention from that time when it is neither a party to the Universal Copyright Convention nor a member of the International Union for the Protection of Literary and Artistic Works. 5. This Convention shall cease to apply to any territory referred to in Article 27 from that time when neither the Universal Copyright Convention nor the International Convention for the Protection of Literary and Artistic Works applies to that territory.

Article  1. After this Convention has been in force for ﬁve years, any Contracting State may, by notiﬁcation addressed to the Secretary-General of the United Nations, request that a conference be convened for the purpose of revising the Convention. The SecretaryGeneral shall notify all Contracting States of this request. If, within a period of six months following the date of notiﬁcation by the Secretary-General of the United Nations, not less than one-half of the Contracting States notify him of their concurrence with the request, the Secretary-General shall inform the Director-General of the International Labour Oﬃce, the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works, who shall convene a revision conference in cooperation with the Intergovernmental Committee provided for in Article 32. 2. The adoption of any revision of this Convention shall require an aﬃrmative vote by two-thirds of the States attending the revision conference, provided that this majority includes two-thirds of the States which, at the time of the revision conference, are parties to the Convention.

Conventions and Agreements of a Standard-setting Nature

93

3. In the event of adoption of a Convention revising this Convention in whole or in part, and unless the revising Convention provides otherwise: (a) this Convention shall cease to be open to ratiﬁcation, acceptance or accession as from the date of entry into force of the revising Convention; (b) this Convention shall remain in force as regards relations between or with Contracting States which have not become parties to the revising Convention.

Article  Any dispute which may arise between two or more Contracting States concerning the interpretation or application of this Convention and which is not settled by negotiation shall, at the request of any one of the parties to the dispute, be referred to the International Court of Justice for decision, unless they agree to another mode of settlement.

Article  Without prejudice to the provisions of paragraph 3 of Article 5, paragraph 2 of Article 6, paragraph 1 of Article 16, and Article 17, no reservation may be made to this Convention.

Article  1. An Intergovernmental Committee is hereby established with the following duties: (a) to study questions concerning the application and operation of this Convention, and (b) to collect proposals and to prepare documentation for possible revision of this Convention. 2. The Committee shall consist of representatives of the Contracting States, chosen with due regard to equitable geographical distribution. The number of members shall be six if there are twelve Contracting States or fewer, nine if there are thirteen to eighteen Contracting States, and twelve if there are more than eighteen Contracting States. 3. The Committee shall be constituted twelve months after the Convention comes into force by an election organized among the Contracting States, each of which shall have one vote, by the Director-General of the International Labour Oﬃce, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works, in accordance with rules previously approved by a majority of all Contracting States. 4. The Committee shall elect its Chairman and oﬃcers. It shall establish its own Rules of Procedure. These rules shall in particular provide for the future operation of the Committee and for a method of selecting its members for the future in such a way as to ensure rotation among the various Contracting States.

94

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

5. Oﬃcials of the International Labour Oﬃce, the United Nations Educational, Scientiﬁc and Cultural Organization and the Bureau of the International Union for the Protection of Literary and Artistic Works, designated by the Directors-General and the Director thereof, shall constitute the secretariat of the Committee. 6. Meetings of the Committee, which shall be convened whenever a majority of its members deems it necessary, shall be held successively at the headquarters of the International Labour Oﬃce, the United Nations Educational, Scientiﬁc and Cultural Organization and the Bureau of the International Union for the Protection of Literary and Artistic Works. 7. Expenses of members of the Committee shall be borne by their respective governments.

Article  1. The present Convention is drawn up in English, French and Spanish, the three texts being equally authentic. 2. In addition, oﬃcial texts of the present Convention shall be drawn up in German, Italian and Portuguese.

Article  1. The Secretary-General of the United Nations shall notify the States invited to the Conference referred to in Article 23 and every State Member of the United Nations, as well as the Director-General of the International Labour Oﬃce, the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works: (a) of the deposit of each instrument of ratiﬁcation, acceptance or accession, (b) of the date of entry into force of the Convention, (c) of all notifications, declarations or communications provided for in this Convention, (d) if any of the situations referred to in paragraphs 4 and 5 of Article 28 arise. 2. The Secretary-General of the United Nations shall also notify the Director-General of the International Labour Oﬃce, the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works of the requests communicated to him in accordance with Article 29, as well as of any communication received from the Contracting States concerning the revision of the Convention. IN FAITH WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention. Done at Rome, this twenty-sixth day of October 1961, in a single copy in the English, French and Spanish languages. Certiﬁed true copies shall be delivered by the SecretaryGeneral of the United Nations to all the States invited to the Conference referred to in Article 23 and to every State Member of the United Nations, as well as to the Director-

Conventions and Agreements of a Standard-setting Nature

95

General of the International Labour Oﬃce, the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works.

Protocol Instituting a Conciliation and Good Oﬃces Commission to be Responsible for Seeking the Settlement of any Disputes which May Arise between States Parties to the Convention against Discrimination in Education adopted by the General Conference of UNESCO at its 12th session, Paris, 10 December 1962 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 9 November to 12 December 1962, at its twelfth session, Having adopted, at its eleventh session, the Convention against Discrimination in Education, Desirous of facilitating the implementation of that Convention, and Considering that it is important, for this purpose, to institute a Conciliation and Good Oﬃces Commission to be responsible for seeking the amicable settlement of any disputes which may arise between States Parties to the Convention, concerning its application or interpretation, Adopts this Protocol on the tenth day of December 1962.

Article  There shall be established under the auspices of the United Nations Educational, Scientiﬁc and Cultural Organization a Conciliation and Good Oﬃces Commission, hereinafter referred to as the Commission, to be responsible for seeking the amicable settlement of disputes between States Parties to the Convention against Discrimination in Education, hereinafter referred to as the Convention, concerning the application or interpretation of the Convention.

Article  1. The Commission shall consist of eleven members who shall be persons of high moral standing and acknowledged impartiality and shall be elected by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, hereinafter referred to as the General Conference. 2. The members of the Commission shall serve in their personal capacity.

96

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  1. The members of the Commission shall be elected from a list of persons nominated for the purpose by the States Parties to this Protocol. Each State shall, after consulting its National Commission for UNESCO, nominate not more than four persons. These persons must be nationals of States Parties to this Protocol. 2. At least four months before the date of each election to the Commission, the Director-General of the United Nations Educational, Scientific and Cultural Organization, hereinafter referred to as the Director-General, shall invite the States Parties to the present Protocol to send within two months their nominations of the persons referred to in paragraph 1 of this Article. He shall prepare a list in alphabetical order of the persons thus nominated and shall submit it, at least one month before the election, to the Executive Board of the United Nations Educational, Scientiﬁc and Cultural Organization, hereinafter referred to as the Executive Board, and to the States Parties to the Convention. The Executive Board shall transmit the aforementioned list, with such suggestions as it may consider useful, to the General Conference, which shall carry out the election of members of the Commission in conformity with the procedure it normally follows in elections of two or more persons.

Article  1. The Commission may not include more than one national of the same State. 2. In the election of members of the Commission, the General Conference shall endeavour to include persons of recognized competence in the ﬁeld of education and persons having judicial experience, or legal experience particularly of an international character. It shall also give consideration to equitable geographical distribution of membership and to the representation of the diﬀerent forms of civilization as well as of the principal legal systems.

Article  The members of the Commission shall be elected for a term of six years. They shall be eligible for re-election if renominated. The terms of four of the members elected at the ﬁrst election shall, however, expire at the end of two years, and the terms of three other members at the end of four years. Immediately after the ﬁrst election, the names of these members shall be chosen by lot by the President of the General Conference.

Article  1. In the event of the death or resignation of a member of the Commission, the Chairman shall immediately notify the Director-General, who shall declare the seat vacant from the date of death or the date on which the resignation takes eﬀect. 2. If, in the unanimous opinion of the other members, a member of the Commission has ceased to carry out his functions for any cause other than absence of a temporary

Conventions and Agreements of a Standard-setting Nature

97

character or is unable to continue the discharge of his duties, the Chairman of the Commission shall notify the Director-General and shall thereupon declare the seat of such member to be vacant. 3. The Director-General shall inform the Member States of the United Nations Educational, Scientiﬁc and Cultural Organization, and any States not members of the Organization which have become Parties to this Protocol under the provisions of Article 23, of any vacancies which have occurred in accordance with paragraphs 1 and 2 of this Article. 4. In each of the cases provided for by paragraphs I and 2 of this Article, the General Conference shall arrange for the replacement of the member whose seat has fallen vacant, for the unexpired portion of his term of oﬃce.

Article  Subject to the provisions of Article 6, a member of the Commission shall remain in oﬃce until his successor takes up his duties.

Article  1. If the Commission does not include a member of the nationality of a State which is party to a dispute referred to it under the provisions of Article 12 or Article 13, that State, or if there is more than one, each of those States, may choose a person to sit on the Commission as a member ad hoc. 2. The State thus choosing a member ad hoc shall have regard to the qualities required of members of the Commission by virtue of Article 2, paragraph 1, and Article 4, paragraphs 1 and 2. Any member ad hoc thus chosen shall be of the nationality of the State which chooses him or of a State Party to the Protocol, and shall serve in a personal capacity. 3. Should there be several States Parties to the dispute having the same interest they shall, for the purpose of choosing members ad hoc, be reckoned as one party only. The manner in which this provision shall be applied shall be determined by the Rules of Procedure of the Commission referred to in Article 11.

Article  Members of the Commission and members ad hoc chosen under the provisions of Article 8 shall receive travel and per diem allowances in respect of the periods during which they are engaged on the work of the Commission from the resources of the United Nations Educational, Scientiﬁc and Cultural Organization on terms laid down by the Executive Board.

Article  The secretariat of the Commission shall be provided by the Director-General.

98

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  1. The Commission shall elect its Chairman and Vice-Chairman for a period of two years. They may be re-elected. 2. The Commission shall establish its own Rules of Procedure, but these rules shall provide, inter alia, that: (a) Two-thirds of the members, including the members ad hoc, if any, shall constitute a quorum. (b) Decisions of the Commission shall be made by a majority vote of the members and members ad hoc present; if the votes are equally divided, the Chairman shall have a casting vote. (c) If a State refers a matter to the Commission under Article 12 or Article 13: (i) such State, the State complained against, and any State Party to this Protocol whose national is concerned in such matter may make submissions in writing to the Commission; (ii) such State and the State complained against shall have the right to be represented at the hearings of the matter and to make submissions orally. 3. The Commission, on the occasion when it ﬁrst proposes to establish its Rules of Procedure, shall send them in draft form to the States then Parties to the Protocol who may communicate any observation and suggestion they may wish to make within three months. The Commission shall re-examine its Rules of Procedure if at any time so requested by any State Party to the Protocol.

Article  1. If a State Party to this Protocol considers that another State Party is not giving eﬀect to a provision of the Convention, it may, by written communication, bring the matter to the attention of that State. Within three months after the receipt of the communication, the receiving State shall aﬀord the complaining State an explanation or statement in writing concerning the matter, which should include, to the extent possible and pertinent, references to procedures and remedies taken, or pending, or available in the matter. 2. If the matter is not adjusted to the satisfaction of both parties, either by bilateral negotiations or by any other procedure open to them, within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Commission, by notice given to the Director-General and to the other State. 3. The provisions of the preceding paragraphs shall not aﬀect the rights of States Parties to have recourse, in accordance with general or special international agreements in force between them, to other procedures for settling disputes including that of referring disputes by mutual consent to the Permanent Court of Arbitration at The Hague.

Article  From the beginning of the sixth year after the entry into force of this Protocol, the Commission may also be made responsible for seeking the settlement of any dispute

Conventions and Agreements of a Standard-setting Nature

99

concerning the application or interpretation of the Convention arising between States which are Parties to the Convention but are not, or are not all, Parties to this Protocol, if the said States agree to submit such dispute to the Commission. The conditions to be fulﬁlled by the said States in reaching agreement shall be laid down by the Commission’s Rules of Procedure.

Article  The Commission shall deal with a matter referred to it under Article 12 or Article 13 of this Protocol only after it has ascertained that all available domestic remedies have been invoked and exhausted in the case, in conformity with the generally recognized principles of international law.

Article  Except in cases where new elements have been submitted to it, the Commission shall not consider matters it has already dealt with.

Article  In any matter referred to it, the Commission may call upon the States concerned to supply any relevant information.

Article  1. Subject to the provisions of Article 14, the Commission after obtaining all the information it thinks necessary, shall ascertain the facts, and make available its good oﬃces to the States concerned with a view to an amicable solution of the matter on the basis of respect for the Convention. 2. The Commission shall in every case, and in no event later than eighteen months after the date of receipt by the Director-General of the notice under Article 12, paragraph 2, draw up a report in accordance with the provisions of paragraph 3 below which will be sent to the States concerned and then communicated to the DirectorGeneral for publication. When an advisory opinion is requested of the International Court of Justice, in accordance with Article 18, the time limit shall be extended appropriately. 3. If a solution within the terms of paragraph 1 of this Article is reached, the Commission shall conﬁne its report to a brief statement of the facts and of the solution reached. If such a solution is not reached, the Commission shall draw up a report on the facts and indicate the recommendations which it made with a view to conciliation. If the report does not represent in whole or in part the unanimous opinion of the members of the Commission, any member of the Commission shall be entitled to attach to it a separate opinion. The written and oral submissions made by the parties to the case in accordance with Article 11, paragraph 2(c), shall be attached to the report.

100

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  The Commission may recommend to the Executive Board, or to the General Conference if the recommendation is made within two months before the opening of one of its sessions, that the International Court of Justice be requested to give an advisory opinion on any legal question connected with a matter laid before the Commission.

Article  The Commission shall submit to the General Conference at each of its regular sessions a report on its activities, which shall be transmitted to the General Conference by the Executive Board.

Article  1. The Director-General shall convene the ﬁrst meeting of the Commission at the Headquarters of the United Nations Educational, Scientiﬁc and Cultural Organization within three months after its nomination by the General Conference. 2. Subsequent meetings of the Commission shall be convened when necessary by the Chairman of the Commission, to whom, as well as to all other members of the Commission, the Director-General shall transmit all matters referred to the Commission in accordance with the provisions of this Protocol. 3. Notwithstanding paragraph 2 of this Article, when at least one-third of the members of the Commission consider that the Commission should examine a matter in accordance with the provisions of this Protocol, the Chairman shall, on their so requiring, convene a meeting of the Commission for that purpose.

Article  The present Protocol is drawn up in English, French, Russian and Spanish, all four texts being equally authentic.

Article  1. This Protocol shall be subject to ratiﬁcation or acceptance by States Members of the United Nations Educational, Scientiﬁc and Cultural Organization which are Parties to the Convention. 2. The instruments of ratiﬁcation or acceptance shall be deposited with the DirectorGeneral.

Article  1. This Protocol shall be open to accession by all States not Members of the United Nations Educational, Scientiﬁc and Cultural Organization which are Parties to the Convention.

Conventions and Agreements of a Standard-setting Nature

101

2. Accession shall be eﬀected by the deposit of an instrument of accession with the Director-General.

Article  This Protocol shall enter into force three months after the date of the deposit of the ﬁfteenth instrument of ratiﬁcation, acceptance or accession, but only with respect to those States which have deposited their respective instruments on or before that date. It shall enter into force with respect to any other State three months after the deposit of its instrument of ratiﬁcation, acceptance or accession.

Article  Any State may, at the time of ratiﬁcation, acceptance or accession or at any subsequent date, declare, by notiﬁcation to the Director-General, that it agrees, with respect to any other State assuming the same obligation, to refer to the International Court of Justice, after the drafting of the report provided for in Article 17, paragraph 3, any dispute covered by this Protocol on which no amicable solution has been reached in accordance with Article 17, paragraph 1.

Article  1. Each State Party to this Protocol may denounce it. 2. The denunciation shall be notiﬁed by an instrument in writing, deposited with the Director-General. 3. Denunciation of the Convention shall automatically entail denunciation of this Protocol. 4. The denunciation shall take eﬀect twelve months after the receipt of the instrument of denunciation. The State denouncing the Protocol shall, however, remain bound by its provisions in respect of any cases concerning it which have been referred to the Commission before the end of the time limit stipulated in this paragraph.

Article  The Director-General shall inform the States Members of the United Nations Educational, Scientiﬁc and Cultural Organization, the States not Members of the Organization which are referred to in Article 23, as well as the United Nations, of the deposit of all the instruments of ratiﬁcation, acceptance and accession provided for in Articles 22 and 23, and of the notiﬁcations and denunciations provided for in Articles 25 and 26 respectively.

Article  In conformity with Article 102 of the Charter of the United Nations, this Protocol shall be registered with the Secretariat of the United Nations at the request of the DirectorGeneral. Done in Paris, the eighteenth day of December 1962, in two authentic copies bearing the signatures of the President of the twelfth session of the General Conference and of the

102 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, which shall be deposited in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization, and certiﬁed true copies of which shall be delivered to all the States referred to in Articles 12 and 13 of the Convention against Discrimination in Education, as well as to the United Nations. IN FAITH WHEREOF, we have appended our signatures this eighteenth day of December 1962. The President of the General Conference The Director-General

Conventions and Agreements of a Standard-setting Nature

103

Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property adopted by the General Conference of UNESCO at its 16th session, Paris, 14 November 1970 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 12 October to 14 November 1970, at its sixteenth session, Recalling the importance of the provisions contained in the Declaration of the Principles of International Cultural Cooperation, adopted by the General Conference at its fourteenth session, Considering that the interchange of cultural property among nations for scientiﬁc, cultural and educational purposes increases the knowledge of the civilization of Man, enriches the cultural life of all peoples and inspires mutual respect and appreciation among nations, Considering that cultural property constitutes one of the basic elements of civilization and national culture, and that its true value can be appreciated only in relation to the fullest possible information regarding is origin, history and traditional setting, Considering that it is incumbent upon every State to protect the cultural property existing within its territory against the dangers of theft, clandestine excavation, and illicit export, Considering that, to avert these dangers, it is essential for every State to become increasingly alive to the moral obligations to respect its own cultural heritage and that of all nations, Considering that, as cultural institutions, museums, libraries and archives should ensure that their collections are built up in accordance with universally recognized moral principles, Considering that the illicit import, export and transfer of ownership of cultural property is an obstacle to that understanding between nations which it is part of UNESCO’s mission to promote by recommending, to interested States, international conventions to this end, Considering that the protection of cultural heritage can be eﬀective only if organized both nationally and internationally among States working in close cooperation, Considering that the UNESCO General Conference adopted a Recommendation to this eﬀect in 1964,

104 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Having before it further proposals on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property, a question which is on the agenda for the session as item 19, Having decided, at its ﬁfteenth session, that this question should be made the subject of an international convention, Adopts this Convention on the fourteenth day of November 1970.

Article  For the purposes of this Convention, the term ‘cultural property’ means property which, on religious or secular grounds, is speciﬁcally designated by each State as being of importance for archaeology, prehistory, history, literature, art or science and which belongs to the following categories: (a) rare collections and specimens of fauna, ﬂora, minerals and anatomy, and objects of palaeontological interest; (b) property relating to history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists and artists, and to events of national importance; (c) products of archaeological excavations (including regular and clandestine) or of archaeological discoveries; (d) elements of artistic or historical monuments or archaeological sites which have been dismembered; (e) antiquities more than one hundred years old, such as inscriptions, coins and engraved seals; (f) objects of ethnological interest; (g) property of artistic interest, such as: (i) pictures, paintings and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand); (ii) original works of statuary art and sculpture in any material; (iii) original engravings, prints and lithographs; (iv) original artistic assemblages and montages in any material; (h) rare manuscripts and incunabula, old books, documents and publications of special interest (historical, artistic, scientiﬁc, literary, etc.) singly or in collections; (i) postage, revenue and similar stamps, singly or in collections; (j) archives, including sound, photographic and cinematographic archives; (k) articles of furniture more than one hundred years old, and old musical instruments.

Article  1. The States Parties to this Convention recognize that the illicit import, export and transfer of ownership of cultural property is one of the main causes of the impoverishment of the cultural heritage of the countries of origin of such property

Conventions and Agreements of a Standard-setting Nature

105

and that international cooperation constitutes one of the most eﬃcient means of protecting each country’s cultural property against all the dangers resulting therefrom. 2. To this end, the States Parties undertake to oppose such practices with the means at their disposal, and particularly by removing their causes, putting a stop to current practices, and by helping to make the necessary reparations.

Article  The import, export or transfer of ownership of cultural property eﬀected contrary to the provisions adopted under this Convention by the States Parties thereto, shall be illicit.

Article  The States Parties to this Convention recognize that, for the purpose of the Convention, property which belongs to the following categories forms part of the cultural heritage of each State: (a) cultural property created by the individual or collective genius of nationals of the State concerned, and cultural property of importance to the State concerned created within the territory of that State by foreign nationals or stateless persons resident within such territory; (b) cultural property found within the national territory; (c) cultural property acquired by archaeological, ethnological or natural science missions, with the consent of the competent authorities of the country of origin of such property; (d) cultural property which has been the subject of a freely agreed exchange; (e) cultural property received as a gift or purchased legally with the consent of the competent authorities of the country of origin of such property.

Article  To ensure the protection of their cultural property against illicit import, export and transfer of ownership, the States Parties to this Convention undertake, as appropriate for each country, to set up within their territories one or more national services, where such services do not already exist, for the protection of the cultural heritage, with a qualiﬁed staﬀ suﬃcient in number for the eﬀective carrying out of the following functions: (a) contributing to the formation of draft laws and regulations designed to secure the protection of the cultural heritage and particularly prevention of the illicit import, export and transfer of ownership of important cultural property; (b) establishing and keeping up to date, on the basis of a national inventory of protected property, a list of important public and private cultural property whose export would constitute an appreciable impoverishment of the national cultural heritage;

106 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(c)

(d)

(e)

(f)

(g)

promoting the development or the establishment of scientiﬁc and technical institutions (museums, libraries, archives, laboratories, workshops, etc.) required to ensure the preservation and presentation of cultural property; organizing the supervision of archaeological excavations, ensuring the preservation in situ of certain cultural property, and protecting certain areas reserved for future archaeological research; establishing, for the beneﬁt of those concerned (curators, collectors, antique dealers, etc.), rules in conformity with the ethical principles set forth in this Convention; and taking steps to ensure the observance of those rules; taking educational measures to stimulate and develop respect for the cultural heritage of all States, and spreading knowledge of the provisions of this Convention; seeing that appropriate publicity is given to the disappearance of any items of cultural property.

Article  The States Parties to this Convention undertake: (a) to introduce an appropriate certiﬁcate in which the exporting State would specify that the export of the cultural property in question is authorized; the certiﬁcate should accompany all items of cultural property exported in accordance with the regulations; (b) to prohibit the exportation of cultural property from their territory unless accompanied by the above-mentioned export certiﬁcate; (c) to publicize this prohibition by appropriate means, particularly among persons likely to export or import cultural property.

Article  The States Parties to this Convention undertake: (a) to take the necessary measures, consistent with national legislation, to prevent museums and similar institutions within their territories from acquiring cultural property originating in another State Party which has been illegally exported after entry into force of this Convention, in the States concerned; whenever possible, to inform a State of origin party to this Convention of an oﬀer of such cultural property illegally removed from that State after the entry into force of this Convention in both States; (b) (i) to prohibit the import of cultural property stolen from a museum or a religious or secular public monument or similar institution in another State Party to this Convention after the entry into force of this Convention for the States concerned, provided that such property is documented as appertaining to the inventory of that institution; (ii) at the request of the State Party of origin, to take appropriate steps to recover and return any such cultural property imported after the entry into force of this Convention in both States concerned, provided, however, that the requesting State shall pay just compensation to an

Conventions and Agreements of a Standard-setting Nature

107

innocent purchaser or to a person who has valid title to that property; requests for recovery and return shall be made through diplomatic oﬃces; the requesting Party shall furnish, at its expense, the documentation and other evidence necessary to establish its claim for recovery and return; the Parties shall impose no customs duties or other charges upon cultural property returned pursuant to this Article; all expenses incident to the return and delivery of the cultural property shall be borne by the requesting Party.

Article  The States Parties to this Convention undertake to impose penalties or administrative sanctions on any person responsible for infringing the prohibitions referred to under Articles 6(b) and 7(b) above.

Article  Any State Party to this Convention whose cultural patrimony is in jeopardy from pillage of archaeological or ethnological materials may call upon other States Parties who are affected. The States Parties to this Convention undertake, in these circumstances, to participate in a concerted international eﬀort to determine and to carry out the necessary concrete measures, including the control of exports and imports and international commerce in the speciﬁc materials concerned. Pending agreement, each State concerned shall take provisional measures to the extent feasible to prevent irremediable injury to the cultural heritage of the requesting State.

Article  The States Parties to this Convention undertake: (a) to restrict, by education, information and vigilance, movement of cultural property illegally removed from any State Party to this Convention and, as appropriate for each country, oblige antique dealers, subject to penal or administrative sanctions, to maintain a register recording the origin of each item of cultural property, names and addresses of the supplier, description and price of each item sold, and to inform the purchaser of the cultural property of the export prohibition to which such property may be subject; (b) to endeavour by educational means to create and develop in the public mind a realization of the value of cultural property and the threat to the cultural heritage created by theft, clandestine excavations and illicit exports.

Article  The export and transfer of ownership of cultural property under compulsion arising directly or indirectly from the occupation of a country by a foreign power shall be regarded as illicit.

108 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  The States Parties to this Convention shall respect the cultural heritage within the territories for the international relations of which they are responsible, and shall take all appropriate measures to prohibit and prevent the illicit import, export and transfer of ownership of cultural property in such territories.

Article  The States Parties to this Convention also undertake, consistent with the laws of each State: (a) to prevent, by all appropriate means, transfers of ownership of cultural property likely to promote the illicit import or export of such property; (b) to ensure that their competent services cooperate in facilitating the earliest possible restitution of illicitly exported cultural property to its rightful owner; (c) to admit actions for recovery of lost or stolen items of cultural property brought by, or on behalf of, the rightful owners; (d) to recognize the indefeasible right of each State Party to this Convention to classify and declare certain cultural property as inalienable which should therefore ipso facto not be exported, and to facilitate recovery of such property by the State concerned in cases where it has been exported.

Article  In order to prevent illicit export and to meet the obligations arising from the implementation of this Convention, each State Party to the Convention should, as far as it is able, provide the national services responsible for the protection of its cultural heritage with an adequate budget and, if necessary, should set up a fund for this purpose.

Article  Nothing in this Convention shall prevent States Parties thereto from concluding special agreements among themselves or from continuing to implement agreements already concluded regarding the restitution of cultural property removed, whatever the reason, from its territory of origin, before the entry into force of this Convention for the States concerned.

Article  The States Parties to this Convention shall in their periodic reports submitted to the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, on dates and in a manner to be determined by it, give information on the legislative and administrative provisions which they have adopted and other action which they have taken for the application of this Convention, together with details of the experience acquired in this ﬁeld.

Conventions and Agreements of a Standard-setting Nature

109

Article  1. The States Parties to this Convention may call on the technical assistance of the United Nations Educational, Scientiﬁc and Cultural Organization, particularly as regards: (a) information and education, (b) consultation and expert advice, (c) coordination and good oﬃces. 2. The United Nations Educational, Scientiﬁc and Cultural Organization may, on its own initiative, conduct research and publish studies on matters relevant to the illicit movement of cultural property. 3. To this end, the United Nations Educational, Scientiﬁc and Cultural Organization may also call on the cooperation of any competent non-governmental organization. 4. The United Nations Educational, Scientiﬁc and Cultural Organization may, on its own initiative, make proposals to States Parties to this Convention for its implementation. 5. At the request of at least two States Parties to this Convention which are engaged in a dispute over its implementation, UNESCO may extend its good oﬃces to reach a settlement between them.

Article  This Convention is drawn up in English, French, Russian and Spanish, the four texts being equally authoritative.

Article  1. This Convention shall be subject to ratiﬁcation or acceptance by States Members of the United Nations Educational, Scientiﬁc and Cultural Organization in accordance with their respective constitutional procedures. 2. The instruments of ratiﬁcation or acceptance shall be deposited with the DirectorGeneral of the United Nations Educational, Scientiﬁc and Cultural Organization.

Article  1. This Convention shall be open to accession by all States not members of the United Nations Educational, Scientiﬁc and Cultural Organization which are invited to accede to it by the Executive Board of the Organization. 2. Accession shall be eﬀected by the deposit of an instrument of accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

110

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  This Convention shall enter into force three months after the date of the deposit of the third instrument of ratiﬁcation, acceptance or accession, but only with respect to those States which have deposited their respective instruments on or before that date. It shall enter into force with respect to any other State three months after the deposit of its instrument of ratiﬁcation, acceptance or accession.

Article  The States Parties to this Convention recognize that the Convention is applicable not only to their metropolitan territories but also to all territories for the international relations of which they are responsible; they undertake to consult, if necessary, the governments or other competent authorities of these territories on or before ratiﬁcation, acceptance or accession with a view to securing the application of the Convention to those territories, and to notify the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization of the territories to which it is applied, the notiﬁcation to take eﬀect three months after the date of its receipt.

Article  1. Each State Party to this Convention may denounce the Convention on its own behalf or on behalf of any territory for whose international relations it is responsible. 2. The denunciation shall be notiﬁed by an instrument in writing, deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization. 3. The denunciation shall take eﬀect twelve months after the receipt of the instrument of denunciation.

Article  The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the States Members of the Organization, the States not members of the Organization which are referred to in Article 20, as well as the United Nations, of the deposit of all the instruments of ratiﬁcation, acceptance and accession provided for in Articles 19 and 20, and of the notiﬁcations and denunciations provided for in Articles 22 and 23 respectively.

Article  1. This Convention may be revised by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization. Any such revision shall, however, bind only the States which shall become Parties to the revising convention. 2. If the General Conference should adopt a new convention revising this Convention in whole or in part, then, unless the new convention otherwise provides, this Convention

Conventions and Agreements of a Standard-setting Nature

111

shall cease to be open to ratiﬁcation, acceptance or accession, as from the date on which the new revising convention enters into force.

Article  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 the United Nations Educational, Scientific and Cultural Organization. Done in Paris this seventeenth day of November 1970, in two authentic copies bearing the signature of the President of the sixteenth session of the General Conference and of the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, which shall be deposited in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization, and certiﬁed true copies of which shall be delivered to all the States referred to in Articles 19 and 20 as well as to the United Nations. IN FAITH WHEREOF, we have appended our signatures this seventeenth day of November 1970. The President of the General Conference The Director-General

112

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Universal Copyright Convention as revised on 24 July 1971, with Appendix Declaration relating to Article XVII and Resolution concerning Article XI adopted by the Conference for revision of the Universal Copyright Convention convened by UNESCO, Paris, 24 July 1971 The Contracting States, Moved by the desire to ensure in all countries copyright protection of literary, scientiﬁc and artistic works, Convinced that a system of copyright protection appropriate to all nations of the world and expressed in a universal convention, additional to, and without impairing international systems already in force, will ensure respect for the rights of the individual and encourage the development of literature, the sciences and the arts, Persuaded that such a universal copyright system will facilitate a wider dissemination of works of the human mind and increase international understanding, Have resolved to revise the Universal Copyright Convention as signed at Geneva on 6 September 1952 (hereinafter called ‘the 1952 Convention’), and consequently, Have agreed as follows:

Article I Each Contracting State undertakes to provide for the adequate and eﬀective protection of the rights of authors and other copyright proprietors in literary, scientiﬁc and artistic works, including writings, musical, dramatic and cinematographic works, and paintings, engravings and sculpture.

Article II 1. Published works of nationals of any Contracting State and works ﬁrst published in that State shall enjoy in each other Contracting State the same protection as that other State accords to works of its nationals ﬁrst published in its own territory, as well as the protection specially granted by this Convention. 2. Unpublished works of nationals of each Contracting State shall enjoy in each other Contracting State the same protection as that other State accords to unpublished works of its own nationals, as well as the protection specially granted by this Convention. 3. For the purpose of this Convention any Contracting State may, by domestic legislation, assimilate to its own nationals any person domiciled in that State.

Conventions and Agreements of a Standard-setting Nature

113

Article III 1. Any Contracting State which, under its domestic law, requires as a condition of copyright compliance with formalities such as deposit, registration, notice, notarial certiﬁcates, payment of fees or manufacture or publication in that Contracting State, shall regard these requirements as satisﬁed with respect to all works protected in accordance with this Convention and ﬁrst published outside its territory and the author of which is not one of its nationals, if from the time of the ﬁrst publication all the copies of the work published with the authority of the author or other copyright proprietor bear the symbol © accompanied by the name of the copyright proprietor and the year of ﬁrst publication placed in such manner and location as to give reasonable notice of claim of copyright. 2. The provisions of paragraph 1 shall not preclude any Contracting State from requiring formalities or other conditions for the acquisition and enjoyment of copyright in respect of works ﬁrst published in its territory or works of its nationals wherever published. 3. The provisions of paragraph 1 shall not preclude any Contracting State from providing that a person seeking judicial relief must, in bringing the action, comply with procedural requirements, such as that the complainant must appear through domestic counsel or that the complainant must deposit with the court or an administrative oﬃce, or both, a copy of the work involved in the litigation, provided that failure to comply with such requirements shall not aﬀect the validity of the copyright, nor shall any such requirement be imposed upon a national of another Contracting State if such requirement is not imposed on nationals of the State in which protection is claimed. 4. In each Contracting State there shall be legal means of protecting without formalities the unpublished works of nationals of other Contracting States. 5. If a Contracting State grants protection for more than one term of copyright and the ﬁrst term is for a period longer than one of the minimum periods prescribed in Article IV, such State shall not be required to comply with the provisions of paragraph 1 of this Article in respect of the second or any subsequent term of copyright.

Article IV 1. The duration of protection of a work shall be governed, in accordance with the provisions of Article II and this Article, by the law of the Contracting State in which protection is claimed. 2. (a)

(b)

The term of protection for works protected under this Convention shall not be less than the life of the author and twenty-ﬁve years after his death. However, any Contracting State which, on the eﬀective date of this Convention in that State, has limited this term for certain classes of works to a period computed from the ﬁrst publication of the work, shall be entitled to maintain these exceptions and to extend them to other classes of works. For all these classes the term of protection shall not be less than twenty-ﬁve years from the date of ﬁrst publication. Any Contracting State which, upon the eﬀective date of this Convention in that State, does not compute the term of protection upon the basis of the life of the author, shall be entitled to compute the term of protection from the date of the

114

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(c)

ﬁrst publication of the work or from its registration prior to publication, as the case may be, provided the term of protection shall not be less than twenty-ﬁve years from the date of ﬁrst publication or from its registration prior to publication, as the case may be. If the legislation of a Contracting State grants two or more successive terms of protection, the duration of the ﬁrst term shall not be less than one of the minimum periods speciﬁed in sub-paragraphs (a) and (b).

3. The provisions of paragraph 2 shall not apply to photographic works or to works of applied art, provided, however, that the term of protection in those Contracting States which protect photographic works, or works of applied art in so far as they are protected as artistic works, shall not be less than ten years for each of said classes of works. 4. (a)

(b)

No Contracting State shall be obliged to grant protection to a work for a period longer than that ﬁxed for the class of works to which the work in question belongs, in the case of unpublished works by the law of the Contracting State of which the author is a national, and in the case of published works by the law of the Contracting State in which the work has been ﬁrst published. For the purposes of the application of sub-paragraph (a), if the law of any Contracting State grants two or more successive terms of protection, the period of protection of that State shall be considered to be the aggregate of those terms. However, if a speciﬁed work is not protected by such State during the second or any subsequent term for any reason, the other Contracting States shall not be obliged to protect it during the second or any subsequent term.

5. For the purposes of the application of paragraph 4, the work of a national of a Contracting State, ﬁrst published in a non-Contracting State, shall be treated as though ﬁrst published in the Contracting State of which the author is a national. 6. For the purposes of the application of paragraph 4, in case of simultaneous publication in two or more Contracting States, the work shall be treated as though ﬁrst published in the State which aﬀords the shortest term; any work published in two or more Contracting States within thirty days of its ﬁrst publication shall be considered as having been published simultaneously in said Contracting States.

Article IV BIS 1. The rights referred to in Article I shall include the basic rights ensuring the author’s economic interests, including the exclusive right to authorize reproduction by any means, public performance and broadcasting. The provisions of this Article shall extend to works protected under this Convention either in their original form or in any form recognizably derived from the original. 2. However, any Contracting State may, by its domestic legislation, make exceptions that do not conﬂict with the spirit and provisions of this Convention, to the rights mentioned in paragraph 1 of this Article. Any State whose legislation so provides shall nevertheless accord a reasonable degree of eﬀective protection to each of the rights to which exception has been made.

Conventions and Agreements of a Standard-setting Nature

115

Article V 1. The rights referred to in Article I shall include the exclusive right of the author to make, publish and authorize the making and publication of translations of works protected under this Convention. 2. However, any Contracting State may, by its domestic legislation, restrict the right of translation of writings, but only subject to the following provisions: (a) If, after the expiration of a period of seven years from the date of the ﬁrst publication of a writing, a translation of such writing has not been published in a language in general use in the Contracting State, by the owner of the right of translation or with his authorization, any national of such Contracting State may obtain a non-exclusive licence from the competent authority thereof to translate the work into that language and publish the work so translated. (b) Such national shall, in accordance with the procedure of the State concerned, establish either that he has requested, and been denied, authorization by the proprietor of the right to make and publish the translation, or that, after due diligence on his part, he was unable to ﬁnd the owner of the right. A licence may also be granted on the same conditions if all previous editions of a translation in a language in general use in the Contracting State are out of print. (c) If the owner of the right of translation cannot be found, then the applicant for a licence shall send copies of his application to the publisher whose name appears on the work and, if the nationality of the owner of the right of translation is known, to the diplomatic or consular representative of the State of which such owner is a national, or to the organization which may have been designated by the government of that State. The licence shall not be granted before the expiration of a period of two months from the date of the dispatch of the copies of the application. (d) Due provision shall be made by domestic legislation to ensure to the owner of the right of translation a compensation which is just and conforms to international standards, to ensure payment and transmittal of such compensation, and to ensure a correct translation of the work. (e) The original title and the name of the author of the work shall be printed on all copies of the published translation. The licence shall be valid only for publication of the translation in the territory of the Contracting State where it has been applied for. Copies so published may be imported and sold in another Contracting State if a language in general use in such other State is the same language as that into which the work has been so translated, and if the domestic law in such other State makes provision for such licences and does not prohibit such importation and sale. Where the foregoing conditions do not exist, the importation and sale of such copies in a Contracting State shall be governed by its domestic law and its agreements. The licence shall not be transferred by the licensee. (f) The licence shall not be granted when the author has withdrawn from circulation all copies of the work.

116

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article V BIS 1. Any Contracting State regarded as a developing country in conformity with the established practice of the General Assembly of the United Nations may, by a notiﬁcation deposited with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization (hereinafter called ‘the Director-General’) at the time of this ratiﬁcation, acceptance or accession or thereafter, avail itself of any or all of the exceptions provided for in Articles V ter and V quater. 2. Any such notiﬁcation shall be eﬀective for ten years from the date of coming into force of this Convention, or for such part of that ten-year period as remains at the date of deposit of the notiﬁcation, and may be renewed in whole or in part for further periods of ten years each if, not more than ﬁfteen or less than three months before the expiration of the relevant ten-year period, the Contracting State deposits a further notiﬁcation with the DirectorGeneral. Initial notiﬁcations may also be made during these further periods of ten years in accordance with the provisions of this Article. 3. Notwithstanding the provisions of paragraph 2, a Contracting State that has ceased to be regarded as a developing country as referred to in paragraph 1 shall no longer be entitled to renew its notiﬁcation made under the provisions of paragraph 1 or 2, and whether or not it formally withdraws the notiﬁcation such State shall be precluded from availing itself of the exceptions provided for in Articles V ter and V quater at the end of the current tenyear period, or at the end of three years after it has ceased to be regarded as a developing country, whichever period expires later. 4. Any copies of a work already made under the exceptions provided for in Articles V ter and V quater may continue to be distributed after the expiration of the period for which notiﬁcations under this Article were eﬀective until their stock is exhausted. 5. Any Contracting State that has deposited a notiﬁcation in accordance with Article XIII with respect to the application of this Convention to a particular country or territory, the situation of which can be regarded as analogous to that of the States referred to in paragraph 1 of this Article, may also deposit notiﬁcations and renew them in accordance with the provisions of this Article with respect to any such country or territory. During the eﬀective period of such notiﬁcations, the provisions of Articles V ter and V quater may be applied with respect to such country or territory. The sending of copies from the country or territory to the Contracting State shall be considered as export within the meaning of Articles V ter and V quater.

Article V TER 1. (a)

Any Contracting State to which Article V bis (1) applies may substitute for the period of seven years provided for in Article V (2) a period of three years or any longer period prescribed by its legislation. However, in the case of a translation into a language not in general use in one or more developed countries that are party to this Convention or only the 1952 Convention, the period shall be one year instead of three.

Conventions and Agreements of a Standard-setting Nature

(b)

(c)

(d)

2. (a)

(b)

117

A Contracting State to which Article V bis (1) applies may, with the unanimous agreement of the developed countries party to this Convention or only the 1952 Convention and in which the same language is in general use, substitute, in the case of translation into that language, for the period of three years provided for in sub-paragraph (a) another period as determined by such agreement but not shorter than one year. However, this sub-paragraph shall not apply where the language in question is English, French or Spanish. Notiﬁcation of any such agreement shall be made to the Director-General. The licence may only be granted if the applicant, in accordance with the procedure of the State concerned, establishes either that he has requested, and been denied, authorization by the owner of the right of translation, or that, after due diligence on his part, he was unable to ﬁnd the owner of the right. At the same time as he makes his request he shall inform either the International Copyright Information Centre established by the United Nations Educational, Scientiﬁc and Cultural Organization or any national or regional information centre which may have been designated in a notiﬁcation to that eﬀect deposited with the Director-General by the government of the State in which the publisher is believed to have his principal place of business. If the owner of the right of translation cannot be found, the applicant for a licence shall send, by registered airmail, copies of this application to the publisher whose name appears on the work and to any national or regional information centre as mentioned in sub-paragraph (c). If no such centre is notiﬁed he shall also send a copy to the international copyright information centre established by the United Nations Educational, Scientiﬁc and Cultural Organization. Licences obtainable after three years shall not be granted under this Article until a further period of six months has elapsed, and licences obtainable after one year until a further period of nine months has elapsed. The further period shall begin either from the date of the request for permission to translate mentioned in paragraph 1(c) or, if the identity or address of the owner of the right of translation is not known, from the date of dispatch of the copies of the application for a licence mentioned in paragraph 1(d). Licences shall not be granted if a translation has been published by the owner of the right of translation or with his authorization during the said period of six or nine months.

3. Any licence under this Article shall be granted only for the purpose of teaching, scholarship or research. 4. (a)

(b)

Any licence granted under this Article shall not extend to the export of copies and shall be valid only for publication in the territory of the Contracting State where it has been applied for. Any copy published in accordance with a licence granted under this Article shall bear a notice in the appropriate language stating that the copy is available for distribution only in the Contracting State granting the licence. If the

118

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(c)

writing bears the notice speciﬁed in Article III (1), the copies shall bear the same notice. The prohibition of export provided for in sub-paragraph (a) shall not apply where a governmental or other public entity of a State which has granted a licence under this Article to translate a work into a language other than English, French or Spanish sends copies of a translation prepared under such licence to another country if: (i) the recipients are individuals who are nationals of the Contracting State granting the licence, or organizations grouping such individuals; (ii) the copies are to be used only for the purpose of teaching, scholarship or research; (iii) the sending of the copies and their subsequent distribution to recipients is without the object of commercial purpose; and (iv) the country to which the copies have been sent has agreed with the Contracting State to allow the receipt, distribution or both and the DirectorGeneral has been notiﬁed of such agreement by any one of the governments which have concluded it.

5. Due provision shall be made at the national level to ensure: (a) that the licence provides for just compensation that is consistent with standards of royalties normally operating in the case of licences freely negotiated between persons in the two countries concerned; and (b) payment and transmittal of the compensation; however, should national currency regulations intervene, the competent authority shall make all eﬀorts, by the use of international machinery, to ensure transmittal in internationally convertible currency or its equivalent. 6. Any licence granted by a Contracting State under this Article shall terminate if a translation of the work in the same language with substantially the same content as the edition in respect of which the licence was granted is published in the said State by the owner of the right of translation or with his authorization, at a price reasonably related to that normally charged in the same State for comparable works. Any copies already made before the licence is terminated may continue to be distributed until their stock is exhausted. 7. For works which are composed mainly of illustrations, a licence to translate the text and to reproduce the illustrations may be granted only if the conditions of Article V quater are also fulﬁlled. 8. (a)

A licence to translate a work protected under this Convention, published in printed or analogous forms of reproduction, may also be granted to a broadcasting organization having its headquarters in a Contracting State to which Article V bis (1) applies, upon an application made in that State by the said organization under the following conditions: (i) the translation is made from a copy made and acquired in accordance with the laws of the Contracting State;

Conventions and Agreements of a Standard-setting Nature

(b)

(c)

119

(ii) the translation is for use only in broadcasts intended exclusively for teaching or for the dissemination of the results of specialized technical or scientiﬁc research to experts in a particular profession; (iii) the translation is used exclusively for the purposes set out in condition (ii), through broadcasts lawfully made which are intended for recipients on the territory of the Contracting State, including broadcasts made through the medium of sound or visual recordings lawfully and exclusively made for the purpose of such broadcasts; (iv) sound or visual recordings of the translation may be exchanged only between broadcasting organizations having their headquarters in the Contracting State granting the licence; and (v) all uses made of the translation are without any commercial purpose. Provided all of the criteria and conditions set out in sub-paragraph (a) are met, a licence may also be granted to a broadcasting organization to translate any text incorporated in an audio-visual ﬁxation which was itself prepared and published for the sole purpose of being used in connection with systematic instructional activities. Subject to sub-paragraphs (a) and (b), the other provisions of this Article shall apply to the grant and exercise of the licence.

9. Subject to the provisions of this Article, any licence granted under this Article shall be governed by the provisions of Article V, and shall continue to be governed by the provisions of Article V and of this Article, even after the seven-year period provided for in Article V (2) has expired. However, after the said period has expired, the licensee shall be free to request that the said licence be replaced by a new licence governed exclusively by the provisions of Article V.

Article V QUATER 1. Any Contracting State to which Article V bis (1) applies may adopt the following provisions: (a) If, after the expiration of (i) the relevant period speciﬁed in sub-paragraph (c) commencing from the date of ﬁrst publication of a particular edition of a literary, scientiﬁc or artistic work referred to in paragraph 3, or (ii) any longer period determined by national legislation of the State, copies of such edition have not been distributed in that State to the general public or in connection with systematic instructional activities at a price reasonably related to that normally charged in the State for comparable works, by the owner of the right of reproduction or with his authorization, any national of such State may obtain a non-exclusive licence from the competent authority to publish such edition at that or a lower price for use in connection with systematic instructional activities. The licence may only be granted if such national, in accordance with the procedure of the State concerned, establishes either that he has requested, and been denied, authorization by the proprietor of the right to publish such work, or that, after due diligence on his part, he was unable to ﬁnd the owner of the right. At the same time as he makes his request he shall inform either the international

120 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b)

(c)

(d)

(e)

(f)

(g) (h)

copyright information centre established by the United Nations Educational, Scientiﬁc and Cultural Organization or any national or regional information centre referred to in sub-paragraph (d). A licence may also be granted on the same conditions if, for a period of six months, no authorized copies of the edition in question have been on sale in the State concerned to the general public or in connection with systematic instructional activities at a price reasonably related to that normally charged in the State for comparable works. The period referred to in sub-paragraph (a) shall be ﬁve years except that: (i) for works of the natural and physical sciences, including mathematics, and of technology, the period shall be three years; (ii) for works of ﬁction, poetry, drama and music, and for art books, the period shall be seven years. If the owner of the right of reproduction cannot be found, the applicant for a licence shall send, by registered air mail, copies of his application to the publisher whose name appears on the work and to any national or regional information centre identiﬁed as such in a notiﬁcation deposited with the Director-General by the State in which the publisher is believed to have his principal place of business. In the absence of any such notification, he shall also send a copy to the international copyright information centre established by the United Nations Educational, Scientiﬁc and Cultural Organization. The licence shall not be granted before the expiration of a period of three months from the date of dispatch of the copies of the application. Licences obtainable after three years shall not be granted under this Article: (i) until a period of six months has elapsed from the date of the request for permission referred to in sub-paragraph (a) or, if the identity or address of the owner of the right of reproduction is unknown, from the date of the dispatch of the copies of the application for a licence referred to in subparagraph (d); (ii) if any such distribution of copies of the edition as is mentioned in subparagraph (a) has taken place during that period. The name of the author and the title of the particular edition of the work shall be printed on all copies of the published reproduction. The licence shall not extend to the export of copies and shall be valid only for publication in the territory of the Contracting State where it has been applied for. The licence shall not be transferable by the licensee. Due provision shall be made by domestic legislation to ensure an accurate reproduction of the particular edition in question. A licence to reproduce and publish a translation of a work shall not be granted under this Article in the following cases: (i) where the translation was not published by the owner of the right of translation or with his authorization; (ii) where the translation is not in a language in general use in the State with power to grant the licence.

Conventions and Agreements of a Standard-setting Nature

121

2. The exceptions provided for in paragraph 1 are subject to the following additional provisions: (a) Any copy published in accordance with a licence granted under this Article shall bear a notice in the appropriate language stating that the copy is available for distribution only in the Contracting State to which the said licence applies. If the edition bears the notice speciﬁed in Article III (1), the copies shall bear the same notice. (b) Due provision shall be made at the national level to ensure: (i) that the licence provides for just compensation that is consistent with standards of royalties normally operating in the case of licences freely negotiated between persons in the two countries concerned; and (ii) payment and transmittal of the compensation; however, should national currency regulations intervene, the competent authority shall make all eﬀorts, by the use of international machinery, to ensure transmittal in internationally convertible currency or its equivalent. (c) Whenever copies of an edition of a work are distributed in the Contracting State to the general public or in connection with systematic instructional activities, by the owner of the right of reproduction or with his authorization, at a price reasonably related to that normally charged in the, State for comparable works, any licence granted under this Article shall terminate if such edition is in the same language and is substantially the same in content as the edition published under the licence. Any copies already made before the licence is terminated may continue to be distributed until their stock is exhausted. (d) No licence shall be granted when the author has withdrawn from circulation all copies of the edition in question. 3. (a)

(b)

Subject to sub-paragraph (b), the literary, scientiﬁc or artistic works to which this Article applies shall be limited to works published in printed or analogous forms of reproduction. The provisions of this Article shall also apply to reproduction in audio-visual form of lawfully made audio-visual ﬁxations including any protected works incorporated therein and to the translation of any incorporated text into a language in general use in the State with power to grant the licence; always provided that the audio-visual ﬁxations in question were prepared and published for the sole purpose of being used in connection with systematic instructional activities.

Article VI ‘Publication’, as used in this Convention, means the reproduction in tangible form and the general distribution to the public of copies of a work from which it can be read or otherwise visually perceived.

Article VII This Convention shall not apply to works or rights in works which, at the eﬀective date of this Convention in a Contracting State where protection is claimed, are permanently in the public domain in the said Contracting State.

122 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article VIII 1. This Convention, which shall bear the date of 24 July 1971, shall be deposited with the Director-General and shall remain open for signature by all States party to the 1952 Convention for a period of 120 days after the date of this Convention. It shall be subject to ratiﬁcation or acceptance by the signatory States. 2. Any State which has not signed this Convention may accede thereto. 3. Ratiﬁcation, acceptance or accession shall be eﬀected by the deposit of an instrument to that eﬀect with the Director-General.

Article IX 1. This Convention shall come into force three months after the deposit of twelve instruments of ratiﬁcation, acceptance or accession. 2. Subsequently, this Convention shall come into force in respect of each State three months after that State has deposited its instrument of ratification, acceptance or accession. 3. Accession to this Convention by a State not party to the 1952 Convention shall also constitute accession to that Convention; however, if its instrument of accession is deposited before this Convention comes into force, such State may make its accession to the 1952 Convention conditional upon the coming into force of this Convention. After the coming into force of this Convention, no State may accede solely to the 1952 Convention. 4. Relations between States party to this Convention and States that are party only to the 1952 Convention shall be governed by the 1952 Convention. However, any State party only to the 1952 Convention may, by a notiﬁcation deposited with the Director-General, declare that it will admit the application of the 1971 Convention to works of its nationals or works ﬁrst published in its territory by all States party to this Convention.

Article X 1. Each Contracting State undertakes to adopt, in accordance with its Constitution, such measures as are necessary to ensure the application of this Convention. 2. It is understood that at the date this Convention comes into force in respect of any State, that State must be in a position under its domestic law to give eﬀect to the terms of this Convention.

Article XI 1. An Intergovernmental Committee is hereby established with the following duties: (a) to study the problems concerning the application and operation of the Universal Copyright Convention;

Conventions and Agreements of a Standard-setting Nature

(b) (c)

(d)

123

to make preparation for periodic revisions of this Convention; to study any other problems concerning the international protection of copyright, in cooperation with the various interested international organizations, such as the United Nations Educational, Scientiﬁc and Cultural Organization, the International Union for the Protection of Literary and Artistic Works and the Organization of American States; to inform States party to the Universal Copyright Convention as to its activities.

2. The Committee shall consist of the representatives of eighteen States party to this Convention or only to the 1952 Convention. 3. The Committee shall be selected with due consideration to a fair balance of national interests on the basis of geographical location, population, languages and stage of development. 4. The Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, the Director-General of the World Intellectual Property Organization and the Secretary-General of the Organization of American States, or their representatives, may attend meetings of the Committee in an advisory capacity.

Article XII The Intergovernmental Committee shall convene a conference for revision whenever it deems necessary, or at the request of at least ten States party to this Convention.

Article XIII 1. Any Contracting State may, at the time of deposit of its instrument of ratiﬁcation, acceptance or accession, or at any time thereafter, declare by notiﬁcation addressed to the Director-General that this Convention shall apply to all or any of the countries or territories for the international relations of which it is responsible, and this Convention shall thereupon apply to the countries or territories named in such notiﬁcation after the expiration of the term of three months provided for in Article IX. In the absence of such notiﬁcation, this Convention shall not apply to any such country or territory. 2. However, nothing in this Article shall be understood as implying the recognition or tacit acceptance by a Contracting State of the factual situation concerning a country or territory to which this Convention is made applicable by another Contracting State in accordance with the provisions of this Article.

Article XIV 1. Any Contracting State may denounce this Convention in its own name or on behalf of all or any of the countries or territories with respect to which a notiﬁcation has been given under Article XIII. The denunciation shall be made by notiﬁcation addressed to

124 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

the Director-General. Such denunciation shall also constitute denunciation of the 1952 Convention. 2. Such denunciation shall operate only in respect of the State or of the country or territory on whose behalf it was made and shall not take eﬀect until twelve months after the date of receipt of the notiﬁcation.

Article XV A dispute between two or more Contracting States concerning the interpretation or application of this Convention, not settled by negotiation, shall, unless the States concerned agree on some other method of settlement, be brought before the International Court of Justice for determination by it.

Article XVI 1. This Convention shall be established in English, French and Spanish. The three texts shall be signed and shall be equally authoritative. 2 Oﬃcial texts of this Convention shall be established by the Director-General, after consultation with the governments concerned, in Arabic, German, Italian and Portuguese. 3. Any Contracting State or group of Contracting States shall be entitled to have established by the Director-General other texts in the language of its choice by arrangement with the Director-General. 4. All such texts shall be annexed to the signed texts of this Convention.

Article XVII 1. This Convention shall not in any way aﬀect the provisions of the Berne Convention for the Protection of Literary and Artistic Works or membership in the Union created by that Convention. 2. In application of the foregoing paragraph, a declaration has been annexed to the present Article. This declaration is an integral part of this Convention for the States bound by the Berne Convention on 1 January 1951, or which have or may become bound to it at a later date. The signature of this Convention by such States shall also constitute signature of the said declaration, and ratiﬁcation, acceptance or accession by such States shall include the declaration, as well as this Convention.

Article XVIII This Convention shall not abrogate multilateral or bilateral copyright conventions or arrangements that are or may be in eﬀect exclusively between two or more American Republics. In the event of any diﬀerence either between the provisions of such existing conventions or arrangements and the provisions of this Convention, or between the provisions of this Convention and those of any new convention or arrangement which

Conventions and Agreements of a Standard-setting Nature

125

may be formulated between two or more American Republics after this Convention comes into force, the convention or arrangement most recently formulated shall prevail between the parties thereto. Rights in works acquired in any Contracting State under existing conventions or arrangements before the date this Convention comes into force in such State shall not be aﬀected.

Article XIX This Convention shall not abrogate multilateral or bilateral conventions or arrangements in eﬀect between two or more Contracting States. In the event of any diﬀerence between the provisions of such existing conventions or arrangements and the provisions of this Convention, the provisions of this Convention shall prevail. Rights in works acquired in any Contracting State under existing conventions or arrangements before the date on which this Convention comes into force in such State shall not be aﬀected. Nothing in this Article shall aﬀect the provisions of Articles XVII and XVIII.

Article XX Reservations to this Convention shall not be permitted.

Article XXI 1. The Director-General shall send duly certiﬁed copies of this Convention to the States interested and to the Secretary-General of the United Nations for registration by him. 2. He shall also inform all interested States of the ratiﬁcations, acceptances and accessions which have been deposited, the date on which this Convention comes into force, the notiﬁcations under this Convention and denunciations under Article XIV.

Appendix. Declaration relating to Article XVII The States which are members of the International Union for the Protection of Literary and Artistic Works (hereinafter called ‘the Berne Union’) and which are signatories to this Convention, Desiring to reinforce their mutual relations on the basis of the said Union and to avoid any conﬂict which might result from the coexistence of the Berne Convention and the Universal Copyright Convention, Recognizing the temporary need of some States to adjust their level of copyright protection in accordance with their stage of cultural, social and economic development, Have, by common agreement, accepted the terms of the following Declaration: (a) Except as provided by paragraph (b), works which, according to the Berne Convention, have as their country of origin a country which has withdrawn from the Berne Union after 1 January 1951 shall not be protected by the Universal Copyright Convention in the countries of the Berne Union;

126 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b)

(c)

where a Contracting State is regarded as a developing country in conformity with the established practice of the General Assembly of the United Nations, and has deposited with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, at the time of its withdrawal from the Berne Union, a notiﬁcation to the eﬀect that it regards itself as a developing country, the provisions of paragraph (a) shall not be applicable as long as such State may avail itself of the exceptions provided for by this Convention in accordance with Article V bis; the Universal Copyright Convention shall not be applicable to the relationships among countries of the Berne Union in so far as it relates to the protection of works having as their country of origin, within the meaning of the Berne Convention, a country of the Berne Union.

Resolution concerning Article XI The Conference for Revision of the Universal Copyright Convention, Having considered the problems relating to the Intergovernmental Committee provided for in Article XI of this Convention, to which this Resolution is annexed, Resolves that: 1. At its inception, the Committee shall include representatives of the twelve States Members of the Intergovernmental Committee established under Article XI of the 1952 Convention and the Resolution annexed to it, and, in addition, representatives of the following States: Algeria, Australia, Japan, Mexico, Senegal and Yugoslavia. 2. Any States that are not party to the 1952 Convention and have not acceded to this Convention before the ﬁrst ordinary session of the Committee following the entry into force of this Convention shall be replaced by other States to be selected by the Committee at its ﬁrst ordinary session in conformity with the provisions of Article XI (2) and (3). 3. As soon as this Convention comes into force, the Committee as provided for in paragraph 1 shall be deemed to be constituted in accordance with Article XI of this Convention. 4. A session of the Committee shall take place within one year after the coming into force of this Convention; thereafter the Committee shall meet in ordinary session at intervals of not more than two years. 5. The Committee shall elect its Chairman and two Vice-Chairmen. It shall establish its Rules of Procedure having regard to the following principles: (a) The normal duration of the term of oﬃce of the members represented on the Committee shall be six years, with one-third retiring every two years, it being however understood that, of the original terms of oﬃce, one-third shall expire at the end of the Committee’s second ordinary session which will follow the entry into force of this Convention, a further third at the end of its third ordinary session, and the remaining third at the end of its fourth ordinary session.

Conventions and Agreements of a Standard-setting Nature

(b)

127

The rules governing the procedure whereby the Committee shall ﬁll vacancies, the order in which terms of membership expire, eligibility for re-election, and election procedures, shall be based upon a balancing of the needs for continuity of membership and rotation of representation, as well as the considerations set out in Article XI (3).

Expresses the wish that the United Nations Educational, Scientiﬁc and Cultural Organization provide its secretariat. IN FAITH WHEREOF, the undersigned, having deposited their respective full powers, have signed this Convention. Done at Paris, this twenty-fourth day of July 1971, in a single copy.

128 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Protocol 1 annexed to the Universal Copyright Convention as revised on 24 July 1971, concerning the application of that Convention to work of stateless persons and refugees adopted by the Conference for revision of the Universal Copyright Convention convened by UNESCO, Paris, 24 July 1971 The States party hereto, being also party to the Universal Copyright Convention as revised at Paris on 24 July 1971 (hereinafter called ‘the 1971 Convention’), Have accepted the following provisions: 1. Stateless persons and refugees who have their habitual residence in a State party to this Protocol shall, for the purposes of the 1971 Convention, be assimilated to the nationals of that State. 2. (a)

(b)

(c)

This Protocol shall be signed and shall be subject to ratiﬁcation or acceptance, or may be acceded to, as if the provisions of Article VIII of the 1971 Convention applied hereto. This Protocol shall enter into force in respect of each State, on the date of deposit of the instrument of ratiﬁcation, acceptance or accession of the State concerned or on the date of entry into force of the 1971 Convention with respect to such State, whichever is the later. On the entry into force of this Protocol in respect of a State not party to Protocol 1 annexed to the 1952 Convention, the latter Protocol shall be deemed to enter into force in respect of such State.

IN FAITH WHEREOF, the undersigned, being duly authorized thereto, have signed this Protocol. Done at Paris, this twenty-fourth day of July 1971, in the English, French and Spanish languages, the three texts being equally authoritative, in a single copy which shall be deposited with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. The Director-General shall send certiﬁed copies to the signatory States, and to the Secretary-General of the United Nations for registration.

Conventions and Agreements of a Standard-setting Nature

129

Protocol 2 annexed to the Universal Copyright Convention as revised on 24 July 1971, concerning the application of that Convention to works of certain international organizations adopted by the Conference for revision of the Universal Copyright Convention convened by UNESCO, Paris, 24 July 1971 The States party hereto, being also party to the Universal Copyright Convention as revised at Paris on 24 July 1971 (hereinafter called ‘the 1971 Convention’), Have accepted the following provisions: 1. (a)

(b) 2. (a)

(b)

The protection provided for in Article II (1) of the 1971 Convention shall apply to works published for the ﬁrst time by the United Nations, by the Specialized Agencies in relationship therewith, or by the Organization of American States. Similarly, Article II (2) of the 1971 Convention shall apply to the said organizations or agencies. This Protocol shall be signed and shall be subject to ratiﬁcation or acceptance, or may be acceded to, as if the provisions of Article VIII of the 1971 Convention applied hereto. This Protocol shall enter into force for each State on the date of deposit of the instrument of ratiﬁcation, acceptance or accession of the State concerned or on the date of entry into force of the 1971 Convention with respect to such State, whichever is the later.

IN FAITH WHEREOF, the undersigned, being duly authorized thereto, have signed this Protocol. Done at Paris, this twenty-fourth day of July 1971, in the English, French and Spanish languages, the three texts being equally authoritative, in a single copy which shall be deposited with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. The Director-General shall send certiﬁed copies to the signatory States, and to the Secretary-General of the United Nations for registration.

130

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms adopted by the International Conference of States on the Protection of Phonograms convened by UNESCO, Geneva, 29 October 1971 The Contracting States, Concerned at the widespread and increasing unauthorized duplication of phonograms and the damage this is occasioning to the interests of authors, performers and producers of phonograms, Convinced that the protection of producers of phonograms against such acts will also beneﬁt the performers whose performances, and the authors whose works are recorded on the said phonograms, Recognizing the value of the work undertaken in this field by the United Nations Educational, Scientiﬁc and Cultural Organization and the World Intellectual Property Organization, Anxious not to impair in any way international agreements already in force and in particular in no way to prejudice wider acceptance of the Rome Convention of 26 October 1961, which aﬀords protection to performers and to broadcasting organizations as well as to producers of phonograms, Have agreed as follows:

Article  For the purposes of this Convention: (a) ‘phonogram’ means any exclusively aural ﬁxation of sounds of a performance or of other sounds; (b) ‘producer of phonograms’ means the person who, or the legal entity which, ﬁrst ﬁxes the sounds of a performance or other sounds; (c) ‘duplicate’ means an article which contains sounds taken directly or indirectly from a phonogram and which embodies all or a substantial part of the sounds ﬁxed in that phonogram; (d) ‘distribution to the public’ means any act by which duplicates of a phonogram are oﬀered, directly or indirectly, to the general public or any section thereof.

Article  Each Contracting State shall protect producers of phonograms who are nationals of other Contracting States against the making of duplicates without the consent of the producer and against the importation of such duplicates, provided that any such making or

Conventions and Agreements of a Standard-setting Nature

131

importation is for the purpose of distribution to the public, and against the distribution of such duplicates to the public.

Article  The means by which this Convention is implemented shall be a matter for the domestic law of each Contracting State and shall include one or more of the following: protection by means of the grant of a copyright or other speciﬁc right; protection by means of the law relating to unfair competition; protection by means of penal sanctions.

Article  The duration of the protection given shall be a matter for the domestic law of each Contracting State. However, if the domestic law prescribes a speciﬁc duration for the protection, that duration shall not be less than twenty years from the end either of the year in which the sounds embodied in the phonogram were ﬁrst ﬁxed or of the year in which the phonogram was ﬁrst published.

Article  If, as a condition of protecting the producers of phonograms, a Contracting State, under its domestic law, requires compliance with formalities, these shall be considered as fulﬁlled if all the authorized duplicates of the phonogram distributed to the public, or their containers, bear a notice consisting of the symbol P accompanied by the year date of the ﬁrst publication, placed in such manner as to give reasonable notice of claim of protection; and, if the duplicates or their containers do not identify the producer, his successor in title or the exclusive licensee (by carrying his name, trademark or other appropriate designation), the notice shall also include the name of the producer, his successor in title or the exclusive licensee.



Article  Any Contracting State which aﬀords protection by means of copyright or other speciﬁc right, or protection by means of penal sanctions, may in its domestic law provide, with regard to the protection of producers of phonograms, the same kinds of limitations as are permitted with respect to the protection of authors of literary and artistic works. However, no compulsory licences may be permitted unless all of the following conditions are met: (a) the duplication is for use solely for the purpose of teaching or scientific research; (b) the licence shall be valid for duplication only within the territory of the Contracting State whose competent authority has granted the licence and shall not extend to the export of duplicates; (c) the duplication made under the licence gives rise to an equitable remuneration ﬁxed by the said authority taking into account, inter alia, the number of duplicates which will be made.

132

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  1. This Convention shall in no way be interpreted to limit or prejudice the protection otherwise secured to authors, to performers, to producers of phonograms or to broadcasting organizations under any domestic law or international agreement. 2. It shall be a matter for the domestic law of each Contracting State to determine the extent, if any, to which performers whose performances are ﬁxed in a phonogram are entitled to enjoy protection and the conditions for enjoying any such protection. 3. No Contracting State shall be required to apply the provisions of this Convention to any phonogram ﬁxed before this Convention entered into force with respect to that State. 4. Any Contracting State which, on 29 October 1971, aﬀords protection to producers of phonograms solely on the basis of the place of ﬁrst ﬁxation may, by a notiﬁcation deposited with the Director-General of the World Intellectual Property Organization, declare that it will apply this criterion instead of the criterion of the nationality of the producer.

Article  1. The International Bureau of the World Intellectual Property Organization shall assemble and publish information concerning the protection of phonograms. Each Contracting State shall promptly communicate to the International Bureau all new laws and oﬃcial texts on this subject. 2. The International Bureau shall, on request, furnish information to any Contracting State on matters concerning this Convention, and shall conduct studies and provide service designed to facilitate the protection provided for therein. 3. The International Bureau shall exercise the functions enumerated in paragraphs (1) and (2) above in cooperation, for matters within their respective competence, with the United Nations Educational, Scientiﬁc and Cultural Organization and the International Labour Organization.

Article  1. This Convention shall be deposited with the Secretary-General of the United Nations. It shall be open until 30 April 1972 for signature by any State that is a member of the United Nations, any of the Specialized Agencies brought into relationship with the United Nations, or the International Atomic Energy Agency, or that is a party to the Statute of the International Court of Justice. 2. This Convention shall be subject to ratiﬁcation or acceptance by the signatory States. It shall be open for accession by any State referred to in paragraph 1 of this Article. 3. Instruments of ratiﬁcation, acceptance or accession shall be deposited with the Secretary-General of the United Nations.

Conventions and Agreements of a Standard-setting Nature

133

4. It is understood that, at the time a State becomes bound by this Convention, it will be in a position in accordance with its domestic law to give eﬀect to the provisions of the Convention.

Article  No reservations to this Convention are permitted.

Article  1. This Convention shall enter into force three months after deposit of the ﬁfth instrument of ratiﬁcation, acceptance or accession. 2. For each State ratifying, accepting or acceding to this Convention after the deposit of the ﬁfth instrument of ratiﬁcation, acceptance or accession, the Convention shall enter into force three months after the date on which the Director-General of the World Intellectual Property Organization informs the States, in accordance with Article 13, paragraph 4, of the deposit of its instrument. 3. Any State may, at the time of ratiﬁcation, acceptance or accession or at any later date, declare by notiﬁcation addressed to the Secretary-General of the United Nations that this Convention shall apply to all or any one of the territories for whose international aﬀairs it is responsible. This notiﬁcation will take eﬀect three months after the date on which it is received. 4. However, the preceding paragraph may in no way be understood as implying the recognition or tacit acceptance by a Contracting State of the factual situation concerning a territory to which this Convention is made applicable by another Contracting State by virtue of the said paragraph.

Article  1. Any Contracting State may denounce this Convention, on its own behalf or on behalf of any of the territories referred to in Article 11, paragraph 3, by written notiﬁcation addressed to the Secretary-General of the United Nations. 2. Denunciation shall take eﬀect twelve months after the date on which the SecretaryGeneral of the United Nations has received the notiﬁcation.

Article  1. This Convention shall be signed in a single copy in English, French, Russian and Spanish, the four texts being equally authentic. 2. Oﬃcial texts shall be established by the Director-General of the World Intellectual Property Organization, after consultation with the interested governments, in the Arabic, Dutch, German, Italian and Portuguese languages. 3. The Secretary-General of the United Nations shall notify the Director-General of the World Intellectual Property Organization, the Director-General of the United Nations

134

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Educational, Scientiﬁc and Cultural Organization and the Director-General of the International Labour Oﬃce of: (a) signatures to this Convention; (b) the deposit of instruments of ratiﬁcation, acceptance or accession; (c) the date of entry into force of this Convention; (d) any declaration notiﬁed pursuant to Article 11, paragraph 3; (e) the receipt of notiﬁcations of denunciation. 4. The Director-General of the World Intellectual Property Organization shall inform the States referred to in Article 9, paragraph 1, of the notiﬁcations received pursuant to the preceding paragraph and of any declarations made under Article 7, paragraph 4. He shall also notify the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization and the Director-General of the International Labour Oﬃce of such declarations. 5. The Secretary-General of the United Nations shall transmit two certiﬁed copies of this Convention to the States referred to in Article 9, paragraph 1. IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Convention. Done at Geneva, this twenty-ninth day of October, 1971.

Conventions and Agreements of a Standard-setting Nature

135

Convention concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference of UNESCO at its 17th session, Paris, 16 November 1972 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization meeting in Paris from 17 October to 21 November 1972, at its seventeenth session, Noting that the cultural heritage and the natural heritage are increasingly threatened with destruction not only by the traditional causes of decay, but also by changing social and economic conditions which aggravate the situation with even more formidable phenomena of damage or destruction, Considering that deterioration or disappearance of any item of the cultural or natural heritage constitutes a harmful impoverishment of the heritage of all the nations of the world, Considering that protection of this heritage at the national level often remains incomplete because of the scale of the resources it requires and of the insuﬃcient economic, scientiﬁc and technical resources of the country where the property to be protected is situated, Recalling that the Constitution of the Organization provides that it will maintain, increase and diﬀuse knowledge, by assuring the conservation and protection of the world’s heritage, and recommending to the nations concerned the necessary international conventions, Considering that the existing international conventions, recommendations and resolutions concerning cultural and natural property demonstrate the importance, for all the peoples of the world, of safeguarding this unique and irreplaceable property, to whatever people it may belong, Considering that parts of the cultural or natural heritage are of outstanding interest and therefore need to be preserved as part of the world heritage of mankind as a whole, Considering that, in view of the magnitude and gravity of the new dangers threatening them, it is incumbent on the international community as a whole to participate in the protection of the cultural and natural heritage of outstanding universal value, by the granting of collective assistance which, although not taking the place of action by the State concerned, will serve as an eﬀective complement thereto, Considering that it is essential for this purpose to adopt new provisions in the form of a convention establishing an eﬀective system of collective protection of the cultural and natural heritage of outstanding universal value, organized on a permanent basis and in accordance with modern scientiﬁc methods, Having decided, at its sixteenth session, that this question should be made the subject of an international convention, Adopts, this sixteenth day of November 1972, this Convention.

136

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

I. Deﬁnitions of the cultural and the natural heritage Article  For the purposes of this Convention, the following shall be considered as ‘cultural heritage’: • monuments: architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science; • groups of buildings: groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science; • sites: works of man or the combined works of nature and of man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological point of view.

Article  For the purposes of this Convention, the following shall be considered as ‘natural heritage’: • natural features consisting of physical and biological formations or groups of such formations, which are of outstanding universal value from the aesthetic or scientiﬁc point of view; • geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science or conservation; • natural sites or precisely delineated natural areas of outstanding universal value from the point of view of science, conservation or natural beauty.

Article  It is for each State Party to this Convention to identify and delineate the diﬀerent properties situated on its territory mentioned in Articles 1 and 2 above.

II. National protection and international protection of the cultural and natural heritage Article  Each State Party to this Convention recognizes that the duty of ensuring the identiﬁcation, protection, conservation, presentation and transmission to future generations of the cultural and natural heritage referred to in Articles 1 and 2 and

Conventions and Agreements of a Standard-setting Nature

137

situated on its territory, belongs primarily to that State. It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and cooperation, in particular, ﬁnancial, artistic, scientiﬁc and technical, which it may be able to obtain.

Article  To ensure that eﬀective and active measures are taken for the protection, conservation and presentation of the cultural and natural heritage situated on its territory, each State Party to this Convention shall endeavour, in so far as possible, and as appropriate for each country: (a) to adopt a general policy which aims to give the cultural and natural heritage a function in the life of the community and to integrate the protection of that heritage into comprehensive planning programmes; (b) to set up within its territories, where such services do not exist, one or more services for the protection, conservation, and presentation of the cultural and natural heritage with an appropriate staﬀ and possessing the means to discharge their functions; (c) to develop scientiﬁc and technical studies and research and to work out such operating methods as will make the State capable of counteracting the dangers that threaten its cultural or natural heritage; (d) to take the appropriate legal, scientiﬁc, technical, administrative and ﬁnancial measures necessary for the identification, protection, conservation, presentation and rehabilitation of this heritage; and (e) to foster the establishment or development of national or regional centres for training in the protection, conservation and presentation of the cultural and natural heritage and to encourage scientiﬁc research in this ﬁeld.

Article  1. While fully respecting the sovereignty of the States on whose territory the cultural and natural heritage mentioned in Articles 1 and 2 is situated; and without prejudice to property rights provided by national legislation, the States Parties to this Convention recognize that such heritage constitutes a world heritage for whose protection it is the duty of the international community as a whole to cooperate. 2. The States Parties undertake, in accordance with the provisions of this Convention, to give their help in the identiﬁcation, protection, conservation and presentation of the cultural and natural heritage referred to in paragraphs 2 and 4 of Article 11, if the States on whose territory it is situated so request. 3. Each State Party to this Convention undertakes not to take any deliberate measures which might damage directly or indirectly the cultural and natural heritage referred to in Articles 1 and 2 situated on the territory of other States Parties to this Convention.

138

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  For the purpose of this Convention, ‘international protection of the world cultural and natural heritage’ shall be understood to mean the establishment of a system of international cooperation and assistance designed to support States Parties to the Convention in their eﬀorts to conserve and identify that heritage.

III. Intergovernmental Committee for the Protection of the World Cultural and Natural Heritage Article  1. An Intergovernmental Committee for the Protection of the Cultural and Natural Heritage of Outstanding Universal Value, called ‘the World Heritage Committee’, is hereby established within the United Nations Educational, Scientiﬁc and Cultural Organization. It shall be composed of ﬁfteen States Parties to the Convention, elected by States Parties to the Convention meeting in general assembly during the ordinary session of the General Conference of the United Nations Educational, Scientific and Cultural Organization. The number of States Members of the Committee shall be increased to twenty-one as from the date of the ordinary session of the General Conference following the entry into force of this Convention for at least forty States. 2. Election of members of the Committee shall ensure an equitable representation of the diﬀerent regions and cultures of the world. 3. A representative of the International Centre for the Study of the Preservation and Restoration of Cultural Property (Rome Centre), a representative of the International Council of Monuments and Sites (ICOMOS) and a representative of the International Union for Conservation of Nature and Natural Resources (IUCN), to whom may be added, at the request of States Parties to the Convention meeting in general assembly during the ordinary sessions of the General Conference of the United Nations Educational, Scientific and Cultural Organization, representatives of other intergovernmental or non-governmental organizations, with similar objectives, may attend the meetings of the Committee in an advisory capacity.

Article  1. The term of oﬃce of States Members of the World Heritage Committee shall extend from the end of the ordinary session of the General Conference during which they are elected until the end of its third subsequent ordinary session. 2. The term of oﬃce of one-third of the members designated at the time of the ﬁrst election shall, however, cease at the end of the ﬁrst ordinary session of the General Conference following that at which they were elected; and the term of oﬃce of a further

Conventions and Agreements of a Standard-setting Nature

139

third of the members designated at the same time shall cease at the end of the second ordinary session of the General Conference following that at which they were elected. The names of these members shall be chosen by lot by the President of the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization after the ﬁrst election. 3. States Members of the Committee shall choose as their representatives persons qualiﬁed in the ﬁeld of the cultural or natural heritage.

Article  1. The World Heritage Committee shall adopt its Rules of Procedure. 2. The Committee may at any time invite public or private organizations or individuals to participate in its meetings for consultation on particular problems. 3. The Committee may create such consultative bodies as it deems necessary for the performance of its functions.

Article  1. Every State Party to this Convention shall, in so far as possible, submit to the World Heritage Committee an inventory of property forming part of the cultural and natural heritage, situated in its territory and suitable for inclusion in the list provided for in paragraph 2 of this Article. This inventory, which shall not be considered exhaustive, shall include documentation about the location of the property in question and its signiﬁcance. 2. On the basis of the inventories submitted by States in accordance with paragraph 1, the Committee shall establish, keep up to date and publish, under the title of World Heritage List, a list of properties forming part of the cultural heritage and natural heritage, as deﬁned in Articles 1 and 2 of this Convention, which it considers as having outstanding universal value in terms of such criteria as it shall have established. An updated list shall be distributed at least every two years. 3. The inclusion of a property in the World Heritage List requires the consent of the State concerned. The inclusion of a property situated in a territory, sovereignty or jurisdiction over which is claimed by more than one State shall in no way prejudice the rights of the parties to the dispute. 4. The Committee shall establish, keep up to date and publish, whenever circumstances shall so require, under the title of List of World Heritage in Danger, a list of the property appearing in the World Heritage List for the conservation of which major operations are necessary and for which assistance has been requested under this Convention. This list shall contain an estimate of the cost of such operations. The list may include only such property forming part of the cultural and natural heritage as is threatened by serious and speciﬁc dangers, such as the threat of disappearance caused by accelerated deterioration, large-scale public or private projects or rapid urban or tourist development projects; destruction caused by changes in the use or ownership of the land; major alterations due to unknown causes; abandonment for any reason whatsoever; the outbreak or the threat

140

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

of an armed conﬂict; calamities and cataclysms; serious ﬁres, earthquakes, landslides; volcanic eruptions; changes in water level, ﬂoods, and tidal waves. The Committee may at any time, in case of urgent need, make a new entry in the List of World Heritage in Danger and publicize such entry immediately. 5. The Committee shall deﬁne the criteria on the basis of which a property belonging to the cultural or natural heritage may be included in either of the lists mentioned in paragraphs 2 and 4 of this Article. 6. Before refusing a request for inclusion in one of the two lists mentioned in paragraphs 2 and 4 of this Article, the Committee shall consult the State Party in whose territory the cultural or natural property in question is situated. 7. The Committee shall, with the agreement of the States concerned, coordinate and encourage the studies and research needed for the drawing up of the lists referred to in paragraphs 2 and 4 of this Article.

Article  The fact that a property belonging to the cultural or natural heritage has not been included in either of the two lists mentioned in paragraphs 2 and 4 of Article 11 shall in no way be construed to mean that it does not have an outstanding universal value for purposes other than those resulting from inclusion in these lists.

Article  1. The World Heritage Committee shall receive and study requests for international assistance formulated by States Parties to this Convention with respect to property forming part of the cultural or natural heritage, situated in their territories, and included or potentially suitable for inclusion in the lists referred to in paragraphs 2 and 4 of Article 11. The purpose of such requests may be to secure the protection, conservation, presentation or rehabilitation of such property. 2. Requests for international assistance under paragraph 1 of this Article may also be concerned with identiﬁcation of cultural or natural property deﬁned in Articles 1 and 2, when preliminary investigations have shown that further inquiries would be justiﬁed. 3. The Committee shall decide on the action to be taken with regard to these requests, determine, where appropriate, the nature and extent of its assistance, and authorize the conclusion, on its behalf, of the necessary arrangements with the government concerned. 4. The Committee shall determine an order of priorities for its operations. It shall in so doing bear in mind the respective importance for the world cultural and natural heritage of the property requiring protection, the need to give international assistance to the property most representative of a natural environment or of the genius and the history of the peoples of the world, the urgency of the work to be done, the resources available to the States on whose territory the threatened property is situated and in particular the extent to which they are able to safeguard such property by their own means.

Conventions and Agreements of a Standard-setting Nature

141

5. The Committee shall draw up, keep up to date and publicize a list of property for which international assistance has been granted. 6. The Committee shall decide on the use of the resources of the Fund established under Article 15 of this Convention. It shall seek ways of increasing these resources and shall take all useful steps to this end. 7. The Committee shall cooperate with international and national governmental and nongovernmental organizations having objectives similar to those of this Convention. For the implementation of its programmes and projects, the Committee may call on such organizations, particularly the International Centre for the Study of the Preservation and Restoration of Cultural Property (the Rome Centre), the International Council of Monuments and Sites (ICOMOS) and the International Union for Conservation of Nature and Natural Resources (IUCN), as well as on public and private bodies and individuals. 8. Decisions of the Committee shall be taken by a majority of two-thirds of its members present and voting. A majority of the members of the Committee shall constitute a quorum.

Article  1. The World Heritage Committee shall be assisted by a secretariat appointed by the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. 2. The Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, utilizing to the fullest extent possible the services of the International Centre for the Study of the Preservation and the Restoration of Cultural Property (the Rome Centre), the International Council of Monuments and Sites (ICOMOS) and the International Union for Conservation of Nature and Natural Resommittee’s documentation and the agenda of its meetings and shall have the responsibiliources (IUCN) in their respective areas of competence and capability, shall prepare the Cty for the implementation of its decisions.

IV. Fund for the Protection of the World Cultural and Natural Heritage Article  1. A Fund for the Protection of the World Cultural and Natural Heritage of Outstanding Universal Value, called ‘the World Heritage Fund’, is hereby established. 2. The Fund shall constitute a trust fund, in conformity with the provisions of the Financial Regulations of the United Nations Educational, Scientiﬁc and Cultural Organization. 3. The resources of the Fund shall consist of: (a) compulsory and voluntary contributions made by the States Parties to this Convention;

142

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b)

(c) (d) (e)

contributions, gifts or bequests which may be made by: (i) other States; (ii) the United Nations Educational, Scientiﬁc and Cultural Organization, other organizations of the United Nations system, particularly the United Nations Development Programme or other intergovernmental organizations; (iii) public or private bodies or individuals; any interest due on the resources of the Fund; funds raised by collections, and receipts from events organized for the beneﬁt of the Fund; and all other resources authorized by the Fund’s regulations, as drawn up by the World Heritage Committee.

4. Contributions to the Fund and other forms of assistance made available to the Committee may be used only for such purposes as the Committee shall deﬁne. The Committee may accept contributions to be used only for a certain programme or project, provided that the Committee shall have decided on the implementation of such programme or project. No political conditions may be attached to contributions made to the Fund.

Article  1. Without prejudice to any supplementary voluntary contribution, the States Parties to this Convention undertake to pay regularly, every two years, to the World Heritage Fund, contributions, the amount of which, in the form of a uniform percentage applicable to all States, shall be determined by the General Assembly of States Parties to the Convention, meeting during the sessions of the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization. This decision of the General Assembly requires the majority of the States Parties present and voting, which have not made the declaration referred to in paragraph 2 of this Article. In no case shall the compulsory contribution of States Parties to the Convention exceed 1% of the contribution to the regular budget of the United Nations Educational, Scientiﬁc and Cultural Organization. 2. However, each State referred to in Article 31 or in Article 32 of this Convention may declare, at the time of the deposit of its instruments of ratiﬁcation, acceptance or accession, that it shall not be bound by the provisions of paragraph 1 of this Article. 3. A State Party to the Convention which has made the declaration referred to in paragraph 2 of this Article may at any time withdraw the said declaration by notifying the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. However, the withdrawal of the declaration shall not take eﬀect in regard to the compulsory contribution due by the State until the date of the subsequent General Assembly of States Parties to the Convention. 4. In order that the Committee may be able to plan its operations eﬀectively, the contributions of States Parties to this Convention which have made the declaration referred to in paragraph 2 of this Article shall be paid on a regular basis, at least every two years, and should not be less than the contributions which they should have paid if they had been bound by the provisions of paragraph 1 of this Article.

Conventions and Agreements of a Standard-setting Nature

143

5. Any State Party to the Convention which is in arrears with the payment of its compulsory or voluntary contribution for the current year and the calendar year immediately preceding it shall not be eligible as a Member of the World Heritage Committee, although this provision shall not apply to the ﬁrst election. The terms of oﬃce of any such State which is already a member of the Committee shall terminate at the time of the elections provided for in Article 8, paragraph 1 of this Convention.

Article  The States Parties to this Convention shall consider or encourage the establishment of national, public and private foundations or associations whose purpose is to invite donations for the protection of the cultural and natural heritage as deﬁned in Articles 1 and 2 of this Convention.

Article  The States Parties to this Convention shall give their assistance to international fundraising campaigns organized for the World Heritage Fund under the auspices of the United Nations Educational, Scientiﬁc and Cultural Organization. They shall facilitate collections made by the bodies mentioned in paragraph 3 of Article 15 for this purpose.

V. Conditions and arrangements for international assistance Article  Any State Party to this Convention may request international assistance for property forming part of the cultural or natural heritage of outstanding universal value situated within its territory. It shall submit with its request such information and documentation provided for in Article 21 as it has in its possession and as will enable the Committee to come to a decision.

Article  Subject to the provisions of paragraph 2 of Article 13, sub-paragraph (c) of Article 22 and Article 23, international assistance provided for by this Convention may be granted only to property forming part of the cultural and natural heritage which the World Heritage Committee has decided, or may decide, to enter in one of the lists mentioned in paragraphs 2 and 4 of Article 11.

Article  1. The World Heritage Committee shall deﬁne the procedure by which requests to it for international assistance shall be considered and shall specify the content of the request, which should deﬁne the operation contemplated, the work that is necessary, the expected cost thereof, the degree of urgency and the reasons why the resources of

144 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

the State requesting assistance do not allow it to meet all the expenses. Such requests must be supported by experts’ reports whenever possible. 2. Requests based upon disasters or natural calamities should, by reasons of the urgent work which they may involve, be given immediate, priority consideration by the Committee, which should have a reserve fund at its disposal against such contingencies. 3. Before coming to a decision, the Committee shall carry out such studies and consultations as it deems necessary.

Article  Assistance granted by the World Heritage Committee may take the following forms: (a) studies concerning the artistic, scientiﬁc and technical problems raised by the protection, conservation, presentation and rehabilitation of the cultural and natural heritage, as defined in paragraphs 2 and 4 of Article XI of this Convention; (b) provision of experts, technicians and skilled labour to ensure that the approved work is correctly carried out; (c) training of staﬀ and specialists at all levels in the ﬁeld of identiﬁcation, protection, conservation, presentation and rehabilitation of the cultural and natural heritage; (d) supply of equipment which the State concerned does not possess or is not in a position to acquire; (e) low-interest or interest-free loans which might be repayable on a long-term basis; (f) the granting, in exceptional cases and for special reasons, of non-repayable subsidies.

Article  The World Heritage Committee may also provide international assistance to national or regional centres for the training of staff and specialists at all levels in the field of identiﬁcation, protection, conservation, presentation and rehabilitation of the cultural and natural heritage.

Article  International assistance on a large scale shall be preceded by detailed scientiﬁc, economic and technical studies. These studies shall draw upon the most advanced techniques for the protection, conservation, presentation and rehabilitation of the natural and cultural heritage and shall be consistent with the objectives of this Convention. The studies shall also seek means of making rational use of the resources available in the State concerned.

Article  As a general rule, only part of the cost of work necessary shall be borne by the international community. The contribution of the State beneﬁting from international

Conventions and Agreements of a Standard-setting Nature

145

assistance shall constitute a substantial share of the resources devoted to each programme or project, unless its resources do not permit this.

Article  The World Heritage Committee and the recipient State shall deﬁne in the agreement they conclude the conditions in which a programme or project, for which international assistance under the terms of this Convention is provided, shall be carried out. It shall be the responsibility of the State receiving such international assistance to continue to protect, conserve and present the property so safeguarded, in observance of the conditions laid down by the agreement.

VI. Educational programmes Article  1. The States Parties to this Convention shall endeavour by all appropriate means, and in particular by educational and information programmes, to strengthen appreciation and respect by their peoples of the cultural and natural heritage deﬁned in Articles 1 and 2 of the Convention. 2. They shall undertake to keep the public broadly informed of the dangers threatening this heritage and of activities carried on in pursuance of this Convention.

Article  States Parties to this Convention which receive international assistance under the Convention shall take appropriate measures to make known the importance of the property for which assistance has been received and the role played by such assistance.

VII. Reports Article  1. The States Parties to this Convention shall, in the reports which they submit to the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization on dates and in a manner to be determined by it, give information on the legislative and administrative provisions which they have adopted and other action which they have taken for the application of this Convention, together with details of the experience acquired in this ﬁeld. 2. These reports shall be brought to the attention of the World Heritage Committee.

146 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

3. The Committee shall submit a report on its activities at each of the ordinary sessions of the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization.

VIII. Final clauses Article  This Convention is drawn up in Arabic, English, French, Russian and Spanish, the ﬁve texts being equally authoritative.

Article  1. This Convention shall be subject to ratiﬁcation or acceptance by States Members of the United Nations Educational, Scientiﬁc and Cultural Organization in accordance with their respective constitutional procedures. 2. The instruments of ratiﬁcation or acceptance shall be deposited with the DirectorGeneral of the United Nations Educational, Scientiﬁc and Cultural Organization.

Article  1. This Convention shall be open to accession by all States not members of the United Nations Educational, Scientiﬁc and Cultural Organization which are invited by the General Conference of the Organization to accede to it. 2. Accession shall be eﬀected by the deposit of an instrument of accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

Article  This Convention shall enter into force three months after the date of the deposit of the twentieth instrument of ratiﬁcation, acceptance or accession, but only with respect to those States which have deposited their respective instruments of ratification, acceptance or accession on or before that date. It shall enter into force with respect to any other State three months after the deposit of its instrument of ratiﬁcation, acceptance or accession.

Article  The following provisions shall apply to those States Parties to this Convention 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 States Parties which are not federal States;

Conventions and Agreements of a Standard-setting Nature

(b)

147

with regard to the provisions of this Convention, the implementation of which comes under the legal jurisdiction of individual constituent states, counties, provinces or cantons that are not obliged by the constitutional system of the federation to take legislative measures, the federal government shall inform the competent authorities of such states, counties, provinces or cantons of the said provisions, with its recommendation for their adoption.

Article  1. Each State Party to this Convention may denounce the Convention. 2. The denunciation shall be notiﬁed by an instrument in writing, deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization. 3. The denunciation shall take eﬀect twelve months after the receipt of the instrument of denunciation. It shall not aﬀect the ﬁnancial obligations of the denouncing State until the date on which the withdrawal takes eﬀect.

Article  The Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall inform the States Members of the Organization, the States not members of the Organization which are referred to in Article 32, as well as the United Nations, of the deposit of all the instruments of ratiﬁcation, acceptance, or accession provided for in Articles 31 and 32, and of the denunciations provided for in Article 35.

Article  1. This Convention may be revised by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization. Any such revision shall, however, bind only the States which shall become Parties to the revising convention. 2. If the General Conference should adopt a new convention revising this Convention in whole or in part, then, unless the new convention otherwise provides, this Convention shall cease to be open to ratiﬁcation, acceptance or accession, as from the date on which the new revising convention enters into force.

Article  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 the United Nations Educational, Scientific and Cultural Organization. Done in Paris, this twenty-third day of November 1972, in two authentic copies bearing the signature of the President of the seventeenth session of the General

148 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Conference and of the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, and certiﬁed true copies of which shall be delivered to all the States referred to in Articles 31 and 32, as well as to the United Nations. IN FAITH WHEREOF, we have appended our signatures this twenty-third day of November 1972. The President of the General Conference The Director-General

Conventions and Agreements of a Standard-setting Nature

149

Convention relating to the Distribution of ProgrammeCarrying Signals Transmitted by Satellite adopted by the International Conference of States on the Distribution of Programme-Carrying Signals Transmitted by Satellite convened by UNESCO, Brussels, 21 May 1974 The Contracting States, Aware that the use of satellites for the distribution of programme-carrying signals is rapidly growing both in volume and geographical coverage, Concerned that there is no worldwide system to prevent distributors from distributing programme-carrying signals transmitted by satellite which were not intended for those distributors, and that this lack is likely to hamper the use of satellite communications, Recognizing, in this respect, the importance of the interests of authors, performers, producers of phonograms and broadcasting organizations, Convinced that an international system should be established under which measures would be provided to prevent distributors from distributing programme-carrying signals transmitted by satellite which were not intended for those distributors, Conscious of the need not to impair in any way international agreements already in force, including the International Telecommunication Convention and the Radio Regulations annexed to that Convention, and in particular in no way to prejudice wider acceptance of the Rome Convention of 26 October 1961, which aﬀords protection to performers, producers of phonograms and broadcasting organizations, Have agreed as follows:

Article  For the purposes of this Convention: (i) ‘signal’ is an electronically generated carrier capable of transmitting programmes; (ii) ‘programme’ is a body of live or recorded material consisting of images, sounds or both, embodied in signals emitted for the purpose of ultimate distribution; (iii) ‘satellite’ is any device in extraterrestrial space capable of transmitting signals; (iv) ‘emitted signal’ or ‘signal emitted’ is any programme-carrying signal that goes to or passes through a satellite; (v) ‘derived signal’ is a signal obtained by modifying the technical characteristics of the emitted signal, whether or not there have been one or more intervening ﬁxations; (vi) ‘originating organization’ is the person or legal entity that decides what programme the emitted signals will carry;

150

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(vii) ‘distributor’ is the person or legal entity that decides that the transmission of the derived signals to the general public or any section thereof should take place; (viii) ‘distribution’ is the operation by which a distributor transmits derived signals to the general public or any section thereof.

Article  1. Each Contracting State undertakes to take adequate measures to prevent the distribution on or from its territory of any programme-carrying signal by any distributor for whom the signal emitted to or passing through the satellite is not intended. This obligation shall apply where the originating organization is a national of another Contracting State and where the signal distributed is a derived signal. 2. In any Contracting State in which the application of the measures referred to in paragraph 1 is limited in time, the duration thereof shall be ﬁxed by its domestic law. The SecretaryGeneral of the United Nations shall be notiﬁed in writing of such duration at the time of ratiﬁcation, acceptance or accession, or if the domestic law comes into force or is changed thereafter, within six months of the coming into force of that law or of its modiﬁcation. 3. The obligation provided for in paragraph 1 shall not apply to the distribution of derived signals taken from signals which have already been distributed by a distributor for whom the emitted signals were intended.

Article  This Convention shall not apply where the signals emitted by or on behalf of the originating organization are intended for direct reception from the satellite by the general public.

Article  No Contracting State shall be required to apply the measures referred to in Article 2 (1) where the signal distributed on its territory by a distributor for whom the emitted signal is not intended: (i) carries short excerpts of the programme carried by the emitted signal, consisting of reports of current events, but only to the extent justiﬁed by the informatory purpose of such excerpts; or (ii) carries, as quotations, short excerpts of the programme carried by the emitted signal, provided that such quotations are compatible with fair practice and are justiﬁed by the informatory purpose of such quotations; or (iii) carries, where the said territory is that of a Contracting State regarded as a developing country in conformity with the established practice of the General Assembly of the United Nations, a programme carried by the emitted signal, provided that the distribution is solely for the purpose of teaching, including teaching in the framework of adult education, or scientiﬁc research.

Article  No Contracting State shall be required to apply this Convention with respect to any signal emitted before this Convention entered into force for that State.

Conventions and Agreements of a Standard-setting Nature

151

Article  This Convention shall in no way be interpreted to limit or prejudice the protection secured to authors, performers, producers of phonograms, or broadcasting organizations, under any domestic law or international agreement.

Article  This Convention shall in no way be interpreted as limiting the right of any Contracting State to apply its domestic law in order to prevent abuses of monopoly.

Article  1. Subject to paragraphs 2 and 3, no reservation to this Convention shall be permitted. 2. Any Contracting State whose domestic law, on 21 May 1974, so provides may, by a written notiﬁcation deposited with the Secretary-General of the United Nations, declare that, for its purposes, the words ‘where the originating organization is a national of another Contracting State’ appearing in Article 2 (1) shall be considered as if they were replaced by the words ‘where the signal is emitted from the territory of another Contracting State’. 3. (a)

(b)

Any Contracting State which, on 21 May 1974, limits or denies protection with respect to the distribution of programme-carrying signals by means of wires, cable or other similar communications channels to subscribing members of the public may, by a written notiﬁcation deposited with the Secretary-General of the United Nations, declare that, to the extent that and as long as its domestic law limits or denies protection, it will not apply this Convention to such distributions. Any State that has deposited a notiﬁcation in accordance with sub-paragraph (a) shall notify the Secretary-General of the United Nations in writing, within six months of their coming into force, of any changes in its domestic law whereby the reservation under that sub-paragraph becomes inapplicable or more limited in scope.

Article  1. This Convention shall be deposited with the Secretary-General of the United Nations. It shall be open until 31 March 1975 for signature by any State that is a member of the United Nations, any of the Specialized Agencies brought into relationship with the United Nations, or the International Atomic Energy Agency, or is a party to the Statute of the International Court of Justice. 2. This Convention shall be subject to ratiﬁcation or acceptance by the signatory States. It shall be open for accession by any State referred to in paragraph 1. 3. Instruments of ratiﬁcation, acceptance or accession shall be deposited with the SecretaryGeneral of the United Nations. 4. It is understood that, at the time a State becomes bound by this Convention, it will be in a position in accordance with its domestic law to give eﬀect to the provisions of the Convention.

152

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  1. This Convention shall enter into force three months after the deposit of the ﬁfth instrument of ratiﬁcation, acceptance or accession. 2. For each State ratifying, accepting or acceding to this Convention after the deposit of the ﬁfth instrument of ratiﬁcation, acceptance or accession, this Convention shall enter into force three months after the deposit of its instrument.

Article  1. Any Contracting State may denounce this Convention by written notiﬁcation deposited with the Secretary-General of the United Nations. 2. Denunciation shall take eﬀect twelve months after the date on which the notiﬁcation referred to in paragraph 1 is received.

Article  1. This Convention shall be signed in a single copy in English, French, Russian and Spanish, the four texts being equally authentic. 2. Oﬃcial texts shall be established by the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization and the Director-General of the World Intellectual Property Organization, after consultation with the interested governments, in the Arabic, Dutch, German, Italian and Portuguese languages. 3. The Secretary-General of the United Nations shall notify the States referred to in Article 9 (1), as well as the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, the Director-General of the World Intellectual Property Organization, the Director-General of the International Labour Oﬃce and the SecretaryGeneral of the International Telecommunication Union, of: (i) signatures to this Convention; (ii) the deposit of instruments of ratiﬁcation, acceptance or accession; (iii) the date of entry into force of this Convention under Article 10 (1); (iv) the deposit of any notiﬁcation relating to Article 2 (2) or Article 8 (2) or (3), together with its text; (v) the receipt of notiﬁcations of denunciation. 4. The Secretary-General of the United Nations shall transmit two certiﬁed copies of this Convention to all States referred to in Article 9 (1). IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Convention. Done at Brussels, this twenty-ﬁrst day of May, 1974.

Conventions and Agreements of a Standard-setting Nature

153

Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean adopted by an International Conference of States convened by UNESCO, Mexico City, 19 July 1974 The States of Latin America and the Caribbean, Parties to the present Convention, Considering the close bonds of solidarity that unite them, expressed in the cultural sphere by the conclusion among them of numerous bilateral, subregional or regional agreements, Desirous of strengthening and increasing their cooperation in matters relating to education and the use of human resources and with the aim of promoting the maximum integration of the area, of encouraging knowledge and safeguarding the cultural identity of its peoples, as well as of achieving a constant and gradual improvement in the quality of education and contribution to their ﬁrm resolve to foster economic, social and cultural development and full employment in each country of the region and in the region as a whole, Convinced that, as part of this cooperation, the international recognition of studies, diplomas and degrees, which would ensure the greater mobility of students and persons engaged in an occupation within the region, is not only advisable but also a highly positive factor in accelerating the development of the region, since it implies that increasing numbers of scientists, technicians and specialists would be trained and their services fully utilized, Reaﬃrming the principles set forth in agreements for cultural cooperation already concluded between them, and resolved to ensure their more eﬀective application at the regional level, and to take into consideration the existence and validity of new ideas expressed in the recommendations and conclusions adopted in this connection by the competent organs of the United Nations Educational, Scientiﬁc and Cultural Organization, particularly in all that relates to the promotion of lifelong education, the democratization of education, the adoption and application of an educational policy that will take account of structural, economic and technological developments, of social and political change, and of cultural contexts, Convinced that, in order to meet the needs of their countries in a dynamic and permanent manner, educational systems must be closely linked to plans for economic and social development, Conscious of the need to take into consideration, when applying criteria for the evaluation of a person’s qualiﬁcations for admission to higher levels of education or for the occupations, not only the diplomas, certiﬁcates or degrees he has obtained, but also the knowledge and experience he has acquired,

154

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Having in mind that the recognition by all the Contracting States of studies completed and diplomas, certiﬁcates and degrees obtained in any one of them is an eﬀective instrument for: (a) making the best use of the educational facilities of the region, (b) ensuring the highest degree of mobility of teachers, students, research workers and members of the professions within the region, (c) overcoming the diﬃculties encountered by persons who return to their country of origin after receiving an education abroad, (d) bringing about the fullest and most eﬀective use of the human resources of the region with a view to ensuring full employment and preventing the migration of talent to highly industrialized countries, Resolved to organize and strengthen their future cooperation in this respect by means of a regional convention which would be the starting point for dynamic action carried out, in the main, through national and regional bodies set up for that purpose, Have agreed as follows:

I. Deﬁnitions Article  For the purposes of this Convention: (a) ‘Recognition’ of a foreign diploma, degree or qualiﬁcation is understood to mean the acceptance thereof by the competent authorities of a Contracting State, and the granting, to the holders of such diplomas, degrees or qualiﬁcations, of rights that are enjoyed by the holders of comparable national diplomas, degrees or qualiﬁcations. Such rights refer to the continuation of studies and to the practice of a profession: (i) Recognition for the purpose of commencing or continuing studies at a higher level shall enable the holder concerned to be admitted to the higher education establishments of the State granting such recognition, under the same conditions as are applicable to holders of national diplomas, degrees or qualiﬁcations. (ii) Recognition for the purpose of practising a profession means acceptance of the technical competence of the holder of the diploma, degree or qualiﬁcation, and it implies the rights and the obligations of the holder of national diplomas, degrees or qualiﬁcations, possession of which is required for the practice of the profession in question. Such recognition does not have the eﬀect of exempting the holder of the foreign diploma, degree or qualiﬁcation from the obligation to comply with any other conditions that may be required, for the practice of the profession in question, by national legal provisions as well as by the competent governmental or professional authorities.

Conventions and Agreements of a Standard-setting Nature

(b)

(c)

(d)

155

‘Middle or secondary education’ is understood to mean the stage of studies of any kind which follows the initial, elementary or basic education and which, among other purposes, may constitute the stage prior to higher education. ‘Higher education’ is understood to mean any form of education and of research at post-secondary level. This education is open to all persons who are suﬃciently qualiﬁed for it either because they have obtained a secondary school leaving certiﬁcate or diploma, or because they possess the appropriate training or knowledge, under the conditions determined for the purpose by the State concerned. ‘Partial studies in higher education’ is understood to mean studies which, according to the standards of the institution where the said studies were pursued, have not been completed in respect either of their duration or of their content. Recognition by one of the Contracting States of partial studies pursued in an institution situated in the territory of another Contracting State, or in an institution under its authority, shall be granted having regard to the level of training reached, in the view of the State granting recognition, by the person concerned.

II. Objectives Article  1. The Contracting States declare their intention: (a) to promote joint use of available educational resources by placing their training institutions at the service of the integral development of all the peoples in the region, for which purpose they shall take measures aimed at: (i) harmonizing in so far as possible conditions for admission to the higher education institutions in each State; (ii) adopting similar terminology and similar criteria for evaluation, so as to make it easier to apply the system of comparability of studies; (iii) adopting, with regard to admission to subsequent stages of study, a dynamic conception taking into account the knowledge vouched for by diplomas or personal experience and achievements, subject to the provisions of Article 1, sub-paragraph (c); (iv) adopting, in evaluating partial studies, broad criteria based on the level of education reached rather than the content of the curricula followed, having due regard to the interdisciplinary nature of higher education; (v) granting immediate recognition of studies, diplomas, degrees and certiﬁcates for academic purposes and for purposes of the practice of a profession;

156

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b)

(c) (d)

(vi) promoting the exchange of information and documentation in the ﬁelds of education, science and technology, so as to serve the purposes of this Convention; to strive at regional level for the continuous improvement of the curricula which, together with appropriate planning and organization, will contribute to the optimum use of the training resources of the region; to promote interregional cooperation with respect to the recognition of studies and degrees; to set up the national and regional bodies needed to facilitate the most rapid and eﬀective application of this Convention.

2. The Contracting States undertake to adopt all the national and international measures that may be necessary to ensure the gradual achievement of the objectives set out in this Article, principally through bilateral, subregional or regional agreements, as well as through agreements between institutions of higher education, and such other means as may be conducive to cooperation with the competent organizations and institutions, both national and international.

III. Commitments for immediate implementation Article  For the purpose of continuing studies, and in order to allow of immediate access to further stages of education in higher education institutions situated in their territories or in an institution under their authority, the Contracting States shall recognize secondary education leaving certiﬁcates or diplomas awarded in another Contracting State, possession of which entitles holders to be admitted to the further stages of education in the higher education institutions situated in the territory of their country of origin or in institutions under the authority of the latter.

Article  The Contracting States shall grant, for the purpose of continuing studies and for immediate admission to the further stages of higher education, recognition of higher education degrees, diplomas or certiﬁcates obtained in the territory of another Contracting State, or in an institution under its authority, which attest to the termination of a complete stage of higher education studies. It will be required that the certiﬁcation speciﬁes the number of years, semesters or trimesters or, in general, complete periods of studies.

Article  The Contracting States undertake to adopt the necessary measures to secure, as soon as possible, for the purpose of the practice of a profession, recognition of degrees,

Conventions and Agreements of a Standard-setting Nature

157

diplomas, and qualiﬁcations in higher education conferred by the competent authorities of another Contracting State.

Article  The Contracting State shall adopt as soon as possible procedures applicable to the recognition of partial studies in higher education pursued in another Contracting State or in an institution under its authority.

Article  1. The beneﬁts accorded under Articles 3, 4, 5 and 6 shall be applicable to all persons who have pursued their studies in one of the Contracting States, irrespective of their nationality. 2. All nationals of a Contracting State who have obtained, in a non-Contracting State, one or more diplomas, degrees or qualiﬁcations comparable to those referred to in Articles 3, 4, or 5, shall be entitled to beneﬁt from the applicable provisions, provided that their diplomas, degrees or qualiﬁcations have been recognized in their country of origin.

IV. Agencies and machinery for implementation Article  The Contracting States undertake to work for the attainment of the objectives deﬁned in Article 2, and to ensure the application and fulﬁlment of the commitments set forth in Articles 3, 4, 5, 6 and 7, by means of: (a) national bodies, (b) the Regional Committee, (c) bilateral or subregional bodies.

Article  The Contracting States recognize that the attainment of the objectives and the fulﬁlment of the commitments deﬁned in this Convention require, at the national level, close and constant cooperation and coordination on the part of a considerable variety of authorities, whether governmental or not, and, in particular, on the part of the universities and other educational institutions. They therefore undertake to set up, for the examination and solution of problems relating to the application of this Convention, appropriate national bodies which shall be representative of all the sectors concerned, and to take the relevant administrative measures for ensuring their speedy and eﬃcient operation.

158

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  1. There shall be established a Regional Committee, consisting of representatives of all the Contracting States, the secretariat of which shall be situated in a Contracting State within the region and placed under the responsibility of the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. 2. The task of the Regional Committee shall be to promote the application of this Convention. It shall receive and examine periodic reports from the Contracting States on progress to date and diﬃculties met with in applying this Convention, as well as studies on the Convention prepared by its secretariat. 3. The Regional Committee shall make general or speciﬁc recommendations to the Contracting States.

Article  The Regional Committee shall elect its Chairman and draw up its Rules of Procedure. It shall meet at least once every two years, its ﬁrst meeting being held three months after the deposit of the sixth instrument of ratiﬁcation.

Article  The Contracting States may entrust to bilateral or subregional bodies, already existing or specially set up for the purpose, the task of examining the problems entailed at the bilateral or subregional level by the application of this Convention and of proposing solutions to them.

V. Cooperation with international organizations Article  The Contracting States shall take the appropriate measures to enlist the cooperation of the competent governmental and non-governmental international organizations in their endeavours to ensure the successful application of this Convention. They shall enter into agreements with those organizations and decide, jointly with them, on the most appropriate forms of cooperation.

VI. Ratiﬁcation, accession and entry into force Article  This Convention shall be open for signature and ratiﬁcation: (a) to the States of Latin America and the Caribbean invited to attend the regional diplomatic conference convened to adopt this Convention; and

Conventions and Agreements of a Standard-setting Nature

(b)

159

to other States of Latin America and the Caribbean members of the United Nations, of any of the Specialized Agencies brought into relationship with the United Nations, or of the International Atomic Energy Agency, or which are parties to the Statute of the International Court of Justice, which may be invited to become parties to this Convention by a decision of the Regional Committee adopted by a majority to be determined by its Rules of Procedure.

Article  The Regional Committee may authorize States Members of the United Nations, of any of the Specialized Agencies brought into relationship with the United Nations, or of the International Atomic Energy Agency, or which are parties to the Statute of the International Court of Justice, outside the region of Latin America and the Caribbean, to accede to this Convention. In that case, the decision of the Regional Committee must be adopted by a two-thirds majority of the Contracting States.

Article  Ratiﬁcation of or accession to this Convention shall be eﬀected by the deposit of an instrument of ratiﬁcation or accession with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization.

Article  This Convention shall enter into force between the States that have ratiﬁed it, one month after the deposit of the second instrument of ratiﬁcation. Subsequently, it shall enter into force in respect of each State one month after that State has deposited its instrument of ratiﬁcation or accession.

Article  1. Contracting States may denounce this Convention. 2. The denunciation shall be notiﬁed to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization by means of an instrument in writing. 3. The denunciation shall take eﬀect twelve months after the date of receipt of its notiﬁcation.

Article  This Convention shall in no way aﬀect the international treaties and conventions in force between Contracting States, nor existing national standards, which provide for greater advantages than those granted under this Convention.

160 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  The Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall inform the Contracting States and the other States referred to in Articles 14 and 15, as well as the United Nations, of each deposit of the instruments of ratiﬁcation or accession referred to in Article 16, and of each deposit of the instruments of denunciation provided for in Article 18.

Article  In conformity with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations on the request of the Director-General of the United Nations Educational, Scientific and Cultural Organization. IN FAITH WHEREOF, the undersigned, duly authorized, have signed the present Convention. Done at Mexico City, this nineteenth day of July 1974 in the English, French and Spanish languages, the three versions being equally authentic, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization, and certiﬁed true copies of which shall be delivered to all the States referred to in Articles 14 and 15 as well as to the United Nations.

Conventions and Agreements of a Standard-setting Nature

161

Protocol to the Agreement on the Importation of Educational, Scientiﬁc and Cultural Materials, with Annexes A to H adopted by the General Conference of UNESCO at its 19th session, Nairobi, 26 November 1976 The Contracting States Parties to the Agreement on the Importation of Educational, Scientiﬁc and Cultural Materials, adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization at its ﬁfth session, held in Florence in 1950, Reaﬃrming the principles on which the Agreement, hereinafter called ‘the Agreement’, is based, Considering that this Agreement has proved to be an eﬀective instrument in lowering customs barriers and reducing other economic restrictions that impede the exchange of ideas and knowledge, Considering, nevertheless, that in the quarter of a century following the adoption of the Agreement, technical progress has changed the ways and means of transmitting information and knowledge, which is the fundamental objective of that Agreement, Considering, further, that the developments that have taken place in the ﬁeld of international trade during this period have, in general, been reflected in greater freedom of exchanges, Considering that since the adoption of the Agreement, the international situation has changed radically, owing to the development of the international community, in particular through the accession of many States to independence, Considering that the needs and concerns of the developing countries should be taken into consideration, with a view to giving them easier and less costly access to education, science, technology and culture, Recalling the provisions of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, adopted by the General Conference of UNESCO in 1970, and those of the Convention concerning the Protection of the World Cultural and Natural Heritage, adopted by the General Conference in 1972, Recalling, moreover, the customs conventions concluded under the auspices of the Customs Cooperation Council, in consultation with the United Nations Educational, Scientiﬁc and Cultural Organization, concerning the temporary importation of educational, scientiﬁc and cultural materials,

162 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Convinced that new arrangements should be made and that such arrangements will contribute even more eﬀectively to the development of education, science and culture, which constitute the essential bases of economic and social progress, Recalling Resolution 4.112, adopted by the General Conference of UNESCO at its eighteenth session, Have agreed as follows:

I 1. The Contracting States undertake to extend, to the materials listed in Annexes A, B, D and E, and also, where the Annexes in question have not been the subject of a declaration under paragraph 16(a) below, Annexes C.1, F, G and H, to the present Protocol, exemption from customs duties and other charges on, or in connection with, their importation, as set out in Article I, paragraph 1, of the Agreement, provided such materials fulﬁl the conditions laid down in these Annexes and are the products of another Contracting State. 2. The provisions of paragraph 1 of this Protocol shall not prevent any Contracting State from levying on imported materials: (a) internal taxes or any other internal charges of any kind, imposed at the time of importation or subsequently, not exceeding those applied directly or indirectly to like domestic products; (b) fees and charges, other than customs duties, imposed by governmental or administrative authorities on, or in connection with, importation, limited in amount to the approximate cost of the services rendered, and representing neither an indirect protection to domestic products nor a taxation of imports for revenue purposes.

II 3. Notwithstanding paragraph 2(a) of this Protocol, the Contracting States undertake not to levy on the materials listed below any internal taxes or other internal charges of any kind, imposed at the time of importation or subsequently: (a) books and publications consigned to the libraries referred to in paragraph 5 of this Protocol; (b) oﬃcial, parliamentary and administrative documents published in their country of origin; (c) books and publications of the United Nations or any of its Specialized Agencies; (d) books and publications received by the United Nations Educational, Scientiﬁc and Cultural Organization and distributed free of charge by it or under its supervision; (e) publications intended to promote tourist travel outside the country of importation, sent and distributed free of charge;

Conventions and Agreements of a Standard-setting Nature

(f)

163

articles for the blind and other physically and mentally handicapped persons: (i) books, publications and documents of all kinds in raised characters for the blind; (ii) other articles specially designed for the educational, scientiﬁc or cultural advancement of the blind, and other physically or mentally handicapped persons, which are imported directly by institutions or organizations concerned with the education of, or assistance to, the blind and other physically or mentally handicapped persons, and approved by the competent authorities of the importing country for the purpose of dutyfree entry of these types of articles.

III 4. The Contracting States undertake not to levy on the articles and materials referred to in the Annexes to this Protocol any customs duties, export duties or duties levied on goods leaving the country, or other internal taxes of any kind, levied on such articles and materials when they are intended for export to other Contracting States.

IV 5. The Contracting States undertake to extend the granting of the necessary licences and/or foreign exchange provided for in Article II, paragraph 1, of the Agreement, to the importation of the following materials: (a) books and publications consigned to libraries serving the public interest, including the following: (i) national libraries and other major research libraries; (ii) general and specialized academic libraries, including university libraries, college libraries, institute libraries and university extramural libraries; (iii) public libraries; (iv) school libraries; (v) special libraries serving a group of readers who form an entity, having particular and identiﬁable subjects of interest, such as government libraries, public authority libraries, industrial libraries and libraries of professional bodies; (vi) libraries for the handicapped and for readers who are unable to move around, such as libraries for the blind, hospital libraries and prison libraries; (vii) music libraries, including record libraries; (b) books adopted or recommended as textbooks in higher educational establishments and imported by such establishments; (c) books in foreign languages, with the exception of books in the principal native language or languages of the importing country; (d) ﬁlms, slides, video-tapes and sound recordings of an educational, scientiﬁc or cultural nature, imported by organizations approved by the competent

164 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

authorities of the importing country for the purpose of duty-free entry of these types of articles.

V 6. The Contracting States undertake to extend granting of the facilities provided for in Article III of the Agreement to materials and furniture imported exclusively for showing at a public exhibition of objects of an educational, scientiﬁc or cultural nature approved by the competent authorities of the importing country and for subsequent re-exportation. 7. Nothing in the foregoing paragraph shall prevent the authorities of an importing country from taking such steps as may be necessary to ensure that the materials and furniture in question will in fact be re-exported at the close of the exhibition.

VI 8. The Contracting States undertake: (a) to extend to the importation of the articles covered by the present Protocol the provisions of Article IV of the Agreement; (b) to encourage through appropriate measures the free ﬂow and distribution of educational, scientiﬁc and cultural objects and materials produced in the developing countries.

VII 9. Nothing in this Protocol shall aﬀect the right of Contracting States to take measures, in conformity with their legislation, to prohibit or limit the importation of articles, or their circulation after importation, on grounds relating directly to national security, public order or public morals. 10. Notwithstanding other provisions of this Protocol, a developing country, which is deﬁned as such by the practice established by the General Assembly of the United Nations and which is a party to the Protocol, may suspend or limit the obligations under this Protocol relating to importation of any object or material if such importation causes or threatens to cause serious injury to the nascent indigenous industry in that developing country. The country concerned shall implement such action in a nondiscriminatory manner. It shall notify the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization of any such action, as far as practicable in advance of implementation, and the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall notify all Parties to the Protocol. 11. This Protocol shall not modify or aﬀect the laws and regulations of any Contracting State or any of its international treaties, conventions, agreements or proclamations, with respect to copyright, trademarks or patents.

Conventions and Agreements of a Standard-setting Nature

165

12. Subject to the provisions of any previous conventions to which they may have subscribed for the settlement of disputes, the Contracting States undertake to have recourse to negotiation or conciliation with a view to settlement of any disputes regarding the interpretation or the application of this Protocol. 13. In case of a dispute between Contracting States relating to the educational, scientiﬁc or cultural character of imported materials, the interested parties may, by common agreement, refer it to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization for an advisory opinion.

VIII 14. (a)

(b) (c) 15. (a) (b) 16. (a)

(b)

(c)

This Protocol, of which the English and French texts are equally authentic, shall bear today’s date and shall be open to signature by all States Parties to the Agreement, as well as by customs or economic unions, provided that all the Member States constituting them are also Parties to the Protocol. The term ‘State’ or ‘Country’ as used in this Protocol, or in the protocol referred to in paragraph 18, shall be taken to refer also, as the context may require, to the customs or economic unions and, in all matters which fall within their competence with regard to the scope of this Protocol, to the whole of the territories of the Member States which constitute them, and not to the territory of each of these States. It is understood that, in becoming a Contracting Party to this Protocol, such customs or economic unions will also apply the provisions of the Agreement on the same basis as is provided in the preceding paragraph with respect to the Protocol. This Protocol shall be subject to ratiﬁcation or acceptance by the signatory States in accordance with their respective constitutional procedures. The instruments of ratiﬁcation or acceptance shall be deposited with the SecretaryGeneral of the United Nations. The States referred to in paragraph 14(a) which are not signatories of this Protocol may accede to this Protocol. Accession shall be eﬀected by the deposit of a formal instrument with the Secretary-General of the United Nations. The States referred to in paragraph 14(a) of this Protocol may, at the time of signature, ratiﬁcation, acceptance or accession, declare that they will not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H, or by any of these Parts or Annexes. They may also declare that they will be bound by Annex C.1 only in respect of Contracting States which have themselves accepted that Annex. Any Contracting State which has made such a declaration may withdraw it, in whole or in part, at any time by notiﬁcation to the Secretary-General of the United Nations, specifying the date on which such withdrawal takes eﬀect. States which have declared, in accordance with sub-paragraph (a) of this paragraph, that they will not be bound by Annex C.1 shall necessarily be bound

166

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

by Annex C.2. Those which have declared that they will be bound by Annex C.1 only in respect of Contracting States which have themselves accepted that Annex shall necessarily be bound by Annex C.2 in respect of Contracting States which have not accepted Annex C.1. 17. (a)

(b) (c)

(d)

This Protocol shall come into force six months after the date of deposit of the ﬁfth instrument of ratiﬁcation, acceptance or accession with the Secretary-General of the United Nations. It shall come into force for every other State six months after the date of the deposit of its instrument of ratiﬁcation, acceptance or accession. Within one month following the expiration of the periods mentioned in subparagraphs (a) and (b) of this paragraph, the Contracting States to this Protocol shall submit a report to the United Nations Educational, Scientiﬁc and Cultural Organization on the measures which they have taken to give full eﬀect to the Protocol. The United Nations Educational, Scientiﬁc and Cultural Organization shall transmit these reports to all States Parties to this Protocol.

18. The protocol annexed to the Agreement, and made an integral part thereof, as provided for in Article XVII of the Agreement, is hereby made an integral part of this Protocol and shall apply to obligations incurred under this Protocol and to products covered by this Protocol. 19. (a)

(b) (c)

Two years after the date of the coming into force of this Protocol, any Contracting State may denounce this Protocol by an instrument in writing deposited with the Secretary-General of the United Nations. The denunciation shall take eﬀect one year after the receipt of the instrument of denunciation. Denunciation of the Agreement pursuant to Article XIV thereof shall automatically imply denunciation of this Protocol.

20. The Secretary-General of the United Nations shall inform the States referred to in paragraph 14(a), as well as the United Nations Educational, Scientiﬁc and Cultural Organization: of the deposit of all the instruments of ratiﬁcation, acceptance or accession referred to in paragraphs 14 and 15; of declarations made and withdrawn under paragraph 16; of the dates of entry into force of this Protocol in accordance with paragraph 17(a) and (b); and of the denunciations provided for in paragraph 19. 21. (a)

(b)

This Protocol may be revised by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization. Any such revision, however, shall be binding only upon States that become Parties to the revising protocol. Should the General Conference adopt a new protocol revising this Protocol either totally or in part, and unless the new protocol provides otherwise, the present Protocol shall cease to be open to signature, ratiﬁcation, acceptance or accession as from the date of the coming into force of the new revising protocol.

22. This Protocol shall not change or modify the Agreement.

Conventions and Agreements of a Standard-setting Nature

167

23. Annexes A, B, C.1, C.2, D, E, F, G and H are hereby made an integral part of this Protocol. 24. In accordance with Article 102 of the Charter of the United Nations, this Protocol shall be registered by the Secretary-General of the United Nations on the date of its coming into force. IN FAITH WHEREOF, the undersigned, duly authorized, have signed this Protocol on behalf of their respective governments.

Annex A. Books, publications and documents (i)

Printed books, irrespective of the language in which they are printed and whatever the amount of space given over to illustrations, including the following: (a) luxury editions; (b) books printed abroad from the manuscript of an author resident in the importing country; (c) children’s drawing and painting books; (d) school exercise books (workbooks) with printed texts and blank spaces to be ﬁlled in by the pupils; (e) crossword puzzle books containing printed texts; (f) loose illustrations and printed pages in the form of loose or bound sheets and reproduction proofs or reproduction ﬁlms to be used for the production of books. (ii) Printed documents or reports of a non-commercial character. (iii) Microforms of the articles listed under items (i) and (ii) of this Annex, as well as of those listed under items (i) to (vi) of Annex A to the Agreement. (iv) Catalogues of ﬁlms, recordings or other visual and auditory material of an educational, scientiﬁc or cultural character. (v) Maps and charts of interest in scientiﬁc ﬁelds such as geology, zoology, botany, mineralogy, palaeontology, archaeology, ethnology, meteorology, climatology and geophysics, and also meteorological and geophysical diagrams. (vi) Architectural, industrial or engineering plans and designs and reproductions thereof. (vii) Bibliographical information material for distribution free of charge.

Annex B. Works of art and collectors’ pieces of an educational, scientiﬁc or cultural character (i)

(ii) (iii)

Paintings and drawings, whatever the nature of the materials on which they have been executed entirely by hand, including copies executed by hand, but excluding manufactured decorated wares. Ceramics and mosaics on wood, being original works of art. Collectors’ pieces and objects of art consigned to galleries, museums and other institutions approved by the competent authorities of the importing country for the purpose of duty-free entry of those types of materials, on condition they are not resold.

168 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Annex C.1. Visual and auditory materials (i) (ii) (iii) (iv)

Films,1 ﬁlmstrips, microforms and slides. Sound recordings. Patterns, models and wall charts of an educational, scientiﬁc or cultural character, except toy models. Other visual and auditory materials, such as: (a) video-tapes, kinescopes, video-discs, videograms and other forms of visual and sound recordings; (b) microcards, microﬁches and magnetic or other information storage media required in computerized information and documentation services; (c) materials for programmed instruction, which may be presented in kit form, with the corresponding printed materials, including video-cassettes and audio-cassettes; (d) transparencies, including those intended for direct projection or for viewing through optical devices; (e) holograms for laser projection; (f) mock-ups or visualizations of abstract concepts such as molecular structures or mathematical formulae; (g) multimedia kits; (h) materials for the promotion of tourism, including those produced by private concerns, designed to encourage the public to travel outside the country of importation.

The exemptions provided for in the present Annex C.1 shall not apply to: (a) unused microform stock and unused visual and auditory recording media and their speciﬁc packaging such as cassettes, cartridges, reels; (b) visual and auditory recordings with the exception of materials for the promotion of tourism covered by paragraph (iv) (h), produced by or for a private commercial enterprise, essentially for advertising purposes; (c) visual and auditory recordings in which the advertising matter is in excess of 25 per cent by time; in the case of the materials for the promotion of tourism covered by paragraph (iv) (h), this percentage applies only to private commercial publicity.

Annex C.2. Visual and auditory materials of an educational, scientiﬁc or cultural character Visual and auditory materials of an educational, scientiﬁc or cultural character, when imported by organizations (including, at the discretion of the importing country, broadcasting and television organizations) or by any other public or private institution or

1. The duty-free entry of exposed and developed cinematographic ﬁlms for public commercial exhibition or sale may be limited to negatives, it being understood that this limitation shall not apply to ﬁlms (including newsreels) when admitted duty-free under the provisions of Annex C.2 to this Protocol.

Conventions and Agreements of a Standard-setting Nature

169

association, approved by the competent authorities of the importing country for the purpose of duty-free admission of these types of materials, or when produced by the United Nations or any of its Specialized Agencies, and including the following: (i) ﬁlms, ﬁlmstrips, microﬁlms and slides; (ii) newsreels (with or without sound track) depicting events of current news value at the time of importation, and imported in either negative form, exposed and developed, or positive form, printed and developed, it being understood that dutyfree entry may be limited to two copies of each subject for copying purposes; (iii) archival ﬁlm material (with or without sound track) intended for use in connection with newsreel ﬁlms; (iv) recreational ﬁlms particularly suited for children and youth; (v) sound recordings; (vi) video-tapes, kinescopes, video-discs, videograms and other forms of visual and sound recordings; (vii) microcards, microﬁches and magnetic or other information storage media required in computerized information and documentation services; (viii) materials for programmed instruction, which may be presented in kit form, with the corresponding printed materials, including video-cassettes and audio-cassettes; (ix) transparencies, including those intended for direct projection or for viewing through optical devices; (x) holograms for laser projection; (xi) mock-ups or visualizations of abstract concepts such as molecular structures or mathematical formulae; (xii) multimedia kits.

Annex D. Scientiﬁc instruments or apparatus (i)

Scientiﬁc instruments or apparatus, provided: (a) that they are consigned to public or private scientific or educational institutions approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles, and used for non-commercial purposes under the control and responsibility of these institutions; (b) that instruments or apparatus of equivalent scientiﬁc value are not being manufactured in the country of importation. (ii) Spare parts, components or accessories specifically matching scientific instruments or apparatus, provided these spare parts, components or accessories are imported at the same time as such instruments and apparatus, or, if imported subsequently, that they are identiﬁable as intended for instruments or apparatus previously admitted duty-free or entitled to duty-free entry. (iii) Tools to be used for the maintenance, checking, gauging or repair of scientiﬁc instruments, provided these tools are imported at the same time as such instruments and apparatus or, if imported subsequently, that they are identiﬁable as intended for the speciﬁc instruments or apparatus previously

170

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

admitted duty-free or entitled to duty-free entry, and further provided that tools of equivalent scientiﬁc value are not being manufactured in the country of importation.

Annex E. Articles for the blind and other handicapped persons (i)

(ii)

All articles specially designed for the educational, scientiﬁc or cultural advancement of the blind which are imported directly by institutions or organizations concerned with the education of, or assistance to, the blind, approved by the competent authorities of the importing country for the purpose of duty-free entry of these types or articles, including: (a) talking books (discs, cassettes or other sound reproductions) and large-print books; (b) phonographs and cassette players, specially designed or adapted for the blind and other handicapped persons and required to play the talking books; (c) equipment for the reading of normal print by the blind and partially sighted, such as electronic reading machines, television-enlargers and optical aids; (d) equipment for the mechanical or computerized production of Braille and recorded material, such as stereo-typing machines, electronic Braille, transfer and pressing machines; Braille computer terminals and displays; (e) Braille paper, magnetic tapes and cassettes for the production of Braille and talking books; (f) aids for improving the mobility of the blind, such as electronic orientation and obstacle detection appliances and white canes; (g) technical aids for the education, rehabilitation, vocational training employment of the blind, such as Braille watches, Braille typewriters, teaching and learning aids, games and other instruments speciﬁcally adapted for the use of the blind. All materials specially designed for the education, employment and social advancement of other physically or mentally handicapped persons, directly imported by institutions or organizations concerned with the education of, or assistance to, such persons, approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles, provided that equivalent objects are not being manufactured in the importing country.

Annex F. Sports equipment Sports equipment intended exclusively for amateur sports associations or groups approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles, provided that equivalent materials are not being manufactured in the importing country.

Conventions and Agreements of a Standard-setting Nature

171

Annex G. Musical instruments and other musical equipment Musical instruments and other musical equipment intended solely for cultural institutions or music schools approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles, provided that equivalent instruments and other equipment are not being manufactured in the importing country

Annex H. Material and machines used for the production of books, publications and documents (i)

(ii)

Material used for the production of books, publications and documents (paper pulp, recycled paper, newsprint and other types of paper used for printing, printing inks, glue, etc.). Machines for the processing of paper pulp and paper and also printing and binding machines, provided that machines of equivalent technical quality are not being manufactured in the importing country.

172

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

International Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab and European States bordering on the Mediterranean adopted by an International Conference of States convened by UNESCO, Nice, 17 December 1976 The Arab and European States bordering on the Mediterranean, Parties to this Convention, Desiring to strengthen the cultural bonds which history and geographical proximity have established between them since the most ancient times and to pursue a policy of joint action in the sphere of education, scientiﬁc training and cultural activities, thereby contributing to the strengthening of their cooperation in all its aspects in the interests of the well-being and lasting prosperity of their peoples, Convinced that these goals would be more easily attained if the right of the inhabitants of each of the Contracting States to have free access to the educational resources of the other Contracting States and, in particular, to continue their education in higher educational institutions in those other States were recognized, Considering that the recognition by all the Contracting States of studies, certiﬁcates, diplomas and degrees obtained in any one of them is calculated to develop the mobility of persons and the exchange of ideas, knowledge and experience in science and technology, Noting that this recognition constitutes one of the conditions necessary for: 1. enabling the means of education existing in their territories to be used as eﬀectively as possible for the common good, 2. ensuring that teachers, students, research workers and professional workers have greater mobility, 3. alleviating the diﬃculties encountered on their return home by persons who have been trained abroad, Desiring to ensure that studies, certiﬁcates, diplomas and degrees are recognized as widely as possible, taking into account the principles of the promotion of lifelong education, the democratization of education, and the adoption and application of an education policy allowing for structural, economic, technological and social changes and suited to the cultural context of each country, Determined to sanction and organize their future collaboration in these matters by means of a convention, which will be the starting point for concerted dynamic action taken in particular by means of national, bilateral and multilateral machinery set up for the purpose, Mindful that the ultimate objective set by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization consists in preparing an

Conventions and Agreements of a Standard-setting Nature

173

international convention on the recognition and the validity of degrees, diplomas and certiﬁcates issued by establishments of higher learning and research in all countries, Have agreed as follows:

I. Deﬁnitions Article  1. For the purposes of this Convention, the ‘recognition’ of a foreign certiﬁcate, diploma or degree of higher education means its acceptance by the competent authorities of a Contracting State and the granting to the holder of the rights enjoyed by persons possessing a national certiﬁcate, diploma or degree with which the foreign one is assimilated. Such rights extend to either the pursuit of studies, or the practice of a profession, or both, according to the applicability of the recognition. (a) Recognition of a certiﬁcate, diploma or degree with a view to undertaking or pursuing studies at the higher level shall entitle the holder to enter the higher educational and research institutions of any Contracting State under the same conditions as regards studies as those applying to holders of a similar certiﬁcate, diploma or degree issued in the Contracting State concerned. (b) Recognition of a foreign certiﬁcate, diploma or degree with a view to the practice of a profession is the recognition of the holder’s technical capacity, required for the practice of the profession concerned. Such recognition does not exempt the holder of the foreign certiﬁcate, diploma or degree from complying with any conditions, other than those relating to technical capacity for the practice of the profession concerned, which may be laid down by the competent governmental or professional authorities. 2. For the purposes of this Convention: (a) ‘secondary education’ means that stage of studies of any kind which follows primary or elementary and preparatory education and the aims of which may include preparing pupils for admission to higher education; (b) ‘higher education’ means all types of education and research at post-secondary level open in the diﬀerent States, and according to the conditions laid down by them, to all persons who are properly qualiﬁed, either because they have obtained a secondary school leaving diploma or certiﬁcate or because they have received appropriate training or acquired appropriate knowledge. 3. For the purposes of this Convention, ‘partial studies’ means any education of which the duration or the content is partial by comparison with the norms prevailing in the institution in which it was acquired. Recognition of partial studies pursued in an institution situated in the territory of another Contracting State and recognized by that State may be granted in accordance with the educational level reached by the student by reference to the criteria used by the training bodies in the receiving State.

174

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

II. Aims Article  1. The Contracting States solemnly declare their ﬁrm resolve to cooperate closely, with a view to: (a) enabling the educational and research resources available to them to be used as eﬀectively as possible in the interests of all the Contracting States, and, for this purpose: (i) to make their higher educational institutions as widely accessible as possible to students or researchers from any of the Contracting States; (ii) to recognize the studies, certiﬁcates, diplomas and degrees of such persons; (iii) to harmonize the entrance requirements of the educational institutions of each country; (iv) to adopt terminology and evaluation criteria which would facilitate the application of a system which will ensure the comparability of credits, subjects of study and certiﬁcates, diplomas and degrees; (v) to adopt a dynamic approach in matters of admission to further stages of study, bearing in mind not only knowledge acquired, as attested by certiﬁcates, diplomas and degrees, but also the individual’s experience and achievements, so far as these may be deemed acceptable by competent authorities; (vi) to adopt ﬂexible criteria for the evaluation of partial studies, based on the educational level reached and on the content of the courses taken, bearing in mind the interdisciplinary character of knowledge at university level; (vii) to improve the system for the exchange of information regarding the recognition of studies, certiﬁcates, diplomas and degrees; (b) constantly improving curricula in the Contracting States and methods of planning and promoting higher education, taking into account the requirements for economic, social and cultural development, the policies of each country and the objectives that are set out in the recommendations made by the competent organs of the United Nations Educational, Scientiﬁc and Cultural Organization concerning the continuous improvement of the quality of education, the promotion of lifelong education and the democratization of education; (c) promoting regional and worldwide cooperation in the matter of the recognition of studies and academic qualiﬁcations. 2. The Contracting States agree to take all necessary steps at the national, bilateral and multilateral levels, in particular by means of bilateral, subregional, regional or other agreements, agreements between universities or other higher educational institutions and arrangements with the competent national or international organizations and other bodies, with a view to the progressive attainment of the goals deﬁned in the present Article.

Conventions and Agreements of a Standard-setting Nature

175

III. Undertakings for immediate application Article  1. For the purposes of the continuation of studies and immediate admission to the subsequent stages of training in higher educational institutions situated in their respective territories, the Contracting States recognize, under the same conditions as those applying to their own nationals, secondary school leaving certiﬁcates issued in the other Contracting States, the possession of which qualiﬁes the holders for admission to the subsequent stages of training in higher educational institutions, situated in the territories of those Contracting States. 2. Admission to a given higher educational institution may, however, be dependent on the availability of places and also on the conditions concerning linguistic knowledge required or accepted by the educational bodies of the Contracting States in order to undertake the studies in question.

Article  1. The Contracting States agree to take all necessary steps at the national level with a view to: (a) recognizing, for the purpose of the immediate pursuit of studies and admission to the subsequent stages of training in higher educational institutions situated in their respective territories and under the conditions applicable to nationals, academic qualiﬁcations obtained in a higher educational institution situated in the territory of another Contracting State, and recognized by it, denoting that a full course of studies at the higher level has been completed to the satisfaction of the competent authorities; (b) deﬁning, so far as possible, the procedure applicable to the recognition, for the purpose of the pursuit of studies, of periods of study spent in higher educational institutions situated in the other Contracting States. 2. The provisions of Article 3, paragraph 2, above shall apply to the cases covered by this Article.

Article  The Contracting States agree to take the necessary steps to ensure that certiﬁcates, diplomas or degrees issued by the competent authorities of the other Contracting States are eﬀectively recognized so far as possible for the purpose of practising a profession within the meaning of Article 1, paragraph 1(b).

Article  1. Considering that ‘recognition’ refers to the studies followed and the certiﬁcates, diplomas or degrees obtained in the recognized institutions of a given Contracting State, any person, of whatever nationality or political or legal status, who has followed such studies and

176

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

obtained such certiﬁcates, diplomas or degrees shall be entitled to beneﬁt from the provisions of Articles 3, 4 and 5. 2. Any national of a Contracting State who has obtained in the territory of a nonContracting State one or more certiﬁcates, diplomas or degrees similar to those deﬁned in Articles 3, 4 and 5 may avail himself of those provisions which are applicable, on condition that his certiﬁcates, diplomas or degrees have been recognized in his home country and in the country in which he wishes to continue his studies, without prejudice to the provisions of Article 20 of this Convention.

IV. Machinery for implementation Article  The Contracting States shall endeavour to attain the goals deﬁned in Article 2 and shall ensure that the agreements set forth in Article 3, 4 and 5 above are put into eﬀect by means of: (a) national bodies, (b) the Intergovernmental Committee deﬁned in Article 9, (c) bilateral or subregional bodies.

Article  1. The Contracting States recognize that the attainment of the goals and the execution of the agreements deﬁned in this Convention will require, at the national level, close cooperation and coordination of the eﬀorts of a great variety of national authorities, whether governmental or non-governmental, particularly universities and other educational institutions. They therefore agree to entrust the study of the problems involved in the application of this Convention to appropriate national bodies, with which all the sectors concerned will be associated, and which will be empowered to propose appropriate solutions. The Contracting States will furthermore take all the administrative measures required to speed up the eﬀective functioning of these national bodies. 2. Every national body shall have at its disposal the necessary means to enable it either to collect, process and ﬁle all information of use to it in its activities relating to studies, diplomas and degrees in higher education, or to obtain the information it requires in this connection at short notice from a separate national documentation centre.

Article  1. An Intergovernmental Committee composed of experts mandated by the Contracting States is hereby set up and its secretariat entrusted to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. 2. The function of the Intergovernmental Committee shall be to promote the application of this Convention. It shall receive and examine the periodic reports which the Contracting

Conventions and Agreements of a Standard-setting Nature

177

States shall communicate to it on the progress made and the obstacles encountered by them in the application of the Convention and also the studies carried out by its secretariat on the said Convention. The Contracting States undertake to submit to the Committee their reports at least once every two years. 3. The Intergovernmental Committee shall, where appropriate, address to the Contracting States recommendations of a general or individual character concerning the application of this Convention. 4. The secretariat of the Intergovernmental Committee shall help national bodies to obtain the information needed by them in their activities.

Article  The Intergovernmental Committee shall elect its Chairman and adopt its Rules of Procedure. It shall meet in ordinary session every two years. The Committee shall meet for the ﬁrst time three months after the sixth instrument of ratiﬁcation or accession has been deposited.

Article  The Contracting States may entrust existing bilateral or subregional bodies, or bodies set up for the purpose, with the task of studying the problems involved at the bilateral or regional levels in the application of this Convention and contributing to their solution.

V. Documentation Article  1. The Contracting States shall periodically engage in wide exchanges of information and documentation pertaining to studies, certificates, diplomas and degrees in higher education. 2. They shall endeavour to promote the development of methods and machinery for collecting, processing, classifying and disseminating all the necessary information pertaining to the recognition of studies, certiﬁcates, diplomas and degrees in higher education, taking into account existing methods and machinery as well as information collected by national, regional and international bodies, including UNESCO.

VI. Cooperation with international organizations Article  The Intergovernmental Committee shall make all the appropriate arrangements for associating the competent international organizations, both governmental and nongovernmental, with its eﬀorts to ensure that this Convention is applied as fully as possible.

178

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

VII. Institutions of higher education under the authority of a Contracting State but situated outside its territory Article  The provisions of this Convention apply to studies pursued at, and to certiﬁcates, diplomas and degrees obtained from, any institution of higher education under the authority of a Contracting State, even when this institution is situated outside its territory.

VIII. Ratiﬁcation, accession and entry into force Article  This Convention shall be open to the signature and ratiﬁcation of the Arab and European States bordering on the Mediterranean which have been invited to participate in the diplomatic Conference entrusted with drafting it.

Article  1. Other States which are members of the United Nations, of one of the Specialized Agencies or of the International Atomic Energy Agency, or which are parties to the Statute of the International Court of Justice, may be authorized to accede to this Convention. 2. Any request to this eﬀect shall be communicated to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, who shall transmit it to the Contracting States at least three months before the meeting of the Intergovernmental Committee. 3. The Committee shall meet as an ad hoc committee for the purpose of considering such a request. Its members must have an express mandate to that eﬀect from their governments. In such cases, the decision of the Committee shall require a two-thirds majority of the Contracting States. 4. This procedure shall apply only when a majority of the States referred to in Article 15 has ratiﬁed the Convention.

Article  Ratiﬁcation of this Convention or accession to it shall be eﬀected by depositing an instrument of ratiﬁcation or accession with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization.

Article  This Convention shall enter into force one month after the second instrument of ratiﬁcation has been deposited, but solely with respect to the States which have deposited their

Conventions and Agreements of a Standard-setting Nature

179

instruments of ratiﬁcation. It shall enter into force for each other State one month after that State has deposited its instrument of ratiﬁcation or accession.

Article  1. The Contracting States shall have the right to denounce this Convention. 2. The denunciation shall be signiﬁed by an instrument in writing deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization. 3. The denunciation shall take eﬀect twelve months after the instrument of denunciation has been received. However, persons having benefited from the provisions of this Convention who may be pursuing studies in the territory of the State denouncing the Convention will be able to complete the course of studies they have begun.

Article  This Convention shall not aﬀect in any way the treaties and conventions already in force between the Contracting States or the national legislation adopted by them in so far as such treaties, conventions and legislation oﬀer greater advantages than those provided for in the Convention.

Article  The Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall inform the Contracting States and the other States mentioned in Articles 15 and 16, and also the United Nations, of the deposit of all the instruments of ratiﬁcation or accession referred to in Article 17 as well as of the denunciations provided for in Article 19.

Article  In conformity with Article 102 of the United Nations Charter, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. IN FAITH WHEREOF, the undersigned representatives, being duly authorized thereto, have signed this Convention. Done at Nice, this seventeenth day of December 1976, in the Arabic, English, French and Spanish languages, the four texts being equally authoritative, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization. A certiﬁed copy shall be sent to all the States referred to in Articles 15 and 16 and to the United Nations.

180

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab States adopted by an International Conference of States convened by UNESCO, Paris, 22 December 1978 Preamble The Arab States, Parties to the present Convention, Considering the common heritage and the close community, intellectual and cultural ties which bind them together, and desirous of giving clearer, concrete expression to the intellectual and cultural cooperation enshrined in the Arab Cultural Treaty of 21 Dhoul Hydgah 1364 (27 November 1945) and the Pact of Arab Cultural Unity of 16 Chawal 1383 (29 February 1964), and the relevant bilateral and multilateral agreements, Desirous of promoting education and scientiﬁc research, strengthening their cooperation in those areas and making good use of human resources, with the aim of achieving economic, social and cultural development and maximum integration of the area, and of preserving their cultural identity, Convinced of the necessity of ensuring the recognition of studies, diplomas and degrees in higher education with a view to facilitating the mobility of students, members of the teaching profession, and other specialists and research workers within the region, and being aware of the need to develop education, to promote access thereto and improve its quality, and to promote lifelong education, Convinced that, on account of the diversity and complexity of programmes of study, it is desirable that the recognition of stages of training completed should take into account not only the diplomas and degrees obtained but also the courses of studies followed and the knowledge and experience acquired, Resolved to organize their cooperation and strengthen it in respect of recognition of studies, diplomas and degrees of higher education by means of a convention which would be the starting point for concerted, dynamic action carried out, in particular, through national, bilateral, subregional and regional bodies set up for that purpose, Expressing the hope that this Convention will be a step towards more wide-ranging action leading to an international convention between all the Member States of the United Nations Educational, Scientiﬁc and Cultural Organization, Have agreed as follows:

Conventions and Agreements of a Standard-setting Nature

181

I. Deﬁnitions Article  1. For the purpose of the present Convention, the ‘recognition’ of a certiﬁcate, qualiﬁcation, diploma or degree of higher education obtained in one of the Contracting States means its acceptance by the competent authorities of another Contracting State and the granting to the holder of the rights enjoyed by persons possessing a certiﬁcate, qualiﬁcation, diploma or degree issued by that State with which the certiﬁcate, qualiﬁcation, diploma or degree obtained in the ﬁrst Contracting State is comparable. Such rights extend to either the pursuit of studies, or the practice of a profession, or both, according to the applicability of the recognition. (a) Recognition by a Contracting State of a certiﬁcate, qualiﬁcation, diploma or degree awarded by another Contracting State with a view to undertaking or pursuing studies at the higher level shall entitle the holder to enter the higher educational and research institutions of any other Contracting State under the same conditions as those applying to holders of a similar certiﬁcate, qualiﬁcation, diploma or degree issued in the Contracting State concerned. Such recognition does not exempt the holder of the certiﬁcate, qualiﬁcation, diploma or degree from complying with the other conditions laid down by the law or with the regulations governing admission to higher educational institutions. (b) A Contracting State which recognizes a certiﬁcate, qualiﬁcation, diploma or degree enabling the holder to practise a profession thereby recognizes the holder’s technical ability and confers on him rights and obligations identical to those which he would have if he obtained such a certiﬁcate, qualiﬁcation, diploma or degree directly in that State with a view to the practice of the same profession. Such recognition does not exempt the holder of the certiﬁcate, qualiﬁcation, diploma or degree from complying with the other conditions laid down by the law in force in each State or conditions for the practice of the profession concerned which may be laid down by the competent governmental or professional authorities. 2. For the purposes of the present Convention: (a) ‘Secondary education’ means that stage of studies of any kind which follows primary, elementary, preparatory or intermediate education and the aims of which may include preparing pupils for higher education. (b) ‘Higher education’ means all types of education and research at post-secondary level. Such education is open to all persons who have obtained a diploma or certiﬁcate attesting that they have successfully completed their education at the secondary level or at an equivalent level in accordance with the conditions laid down for that purpose by the State concerned. 3. For the purpose of the present Convention, ‘partial studies’ means any education of which the duration or the content is partial by comparison with the norms prevailing in the institution in which it was acquired. Recognition by a Contracting State of partial studies pursued in an institution situated in the territory of another Contracting State and recognized by that State may be granted in accordance with the educational level reached by the student in the opinion of the State granting recognition.

182

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

II. Aims Article  1. The Contracting States solemnly declare their ﬁrm resolve to cooperate closely, with a view to: (a) enabling the educational resources available to them to be used as eﬀectively as possible in the interests of all the Contracting States, and, for this purpose: (i) to adopt terminology and evaluation criteria as similar as possible, especially as regards the harmonization of the names of diplomas and degrees and of stages of study, in order to simplify the application of a system which will ensure the comparability of credits, subjects of study and diplomas; (ii) to improve the system for the exchange of information regarding the recognition of studies, diplomas and degrees; (iii) to coordinate the entrance requirements of the educational institutions of each country; (iv) to adopt a dynamic approach in matters of admission to further stages of study, bearing in mind not only knowledge acquired, as attested by diplomas and degrees, but also the individual’s experience and achievements, so far as these may be deemed acceptable by the competent authorities; (v) to adopt ﬂexible criteria for the evaluation of partial studies, based on the educational level reached and on the content of the courses taken, bearing in mind the interdisciplinary character of knowledge at university level; (vi) to make their higher educational institutions as widely accessible as possible to students from any of the Contracting States; (vii) to recognize the studies, diplomas and degrees of such persons, and to encourage exchanges and the greatest possible freedom of movement of teachers, students and research workers in the region; (viii) to alleviate the diﬃculties encountered by those returning home after completing their education abroad, so that their reintegration into the life of the country may be achieved in the manner most beneﬁcial both to the community and to the development of their own personality; (b) constantly improving higher education curricula in the Contracting States through planning and continuous evaluation so as to take account of the personality and identity of the Arab nation, of development requirements and of the recommendations made by the competent organs of UNESCO, ALECSO, and the Association of Arab Universities, concerning the continuous improvement of the quality of education, the promotion of lifelong education and the democratization of education; (c) promoting the widest and most eﬀective use of human resources so as to contribute to the acceleration of the development of the countries concerned while at the same time avoiding the ‘brain drain’ from the Arab States; (d) promoting interregional cooperation in the matter of the recognition of studies and academic qualiﬁcations.

Conventions and Agreements of a Standard-setting Nature

183

2. The Contracting States agree to take all necessary steps at the national, bilateral and multilateral levels, in particular by means of bilateral, subregional, regional or other agreements, agreements between universities or other higher educational institutions, and arrangements with the competent national or international organizations and other bodies, with a view to the progressive attainment of the goals deﬁned in the present Article.

III. Undertakings for immediate application Article  1. For the purpose of the continuation of studies and direct admission to the subsequent stages of training in higher educational institutions situated in their territories, each of the Contracting States recognizes, under the same academic conditions as those applicable to its nationals, secondary school leaving certiﬁcates issued in the other Contracting States, provided their possession qualiﬁes the holders for direct admission to the subsequent stages of training in higher educational institutions situated in the territories of those Contracting States. 2. Admission to a given higher educational institution may, however, be dependent on the availability of places, and on compatibility with the host country’s planning and development needs.

Article  Each of the Contracting States agrees to take all necessary steps with a view to: (a) recognizing, for the purpose of the immediate pursuit of studies and admission to the subsequent stages of training in higher educational institutions situated in its territory and under the conditions applicable to its nationals, academic qualiﬁcations obtained in a governmental higher educational institution situated in the territory of another Contracting State and recognized by it, denoting that a full course of studies at the higher level has been completed to the satisfaction of the competent authorities, taking into account the relevant provisions of the preceding Articles; (b) endeavouring to establish the procedures, criteria and methods for recognizing degrees and diplomas awarded by higher educational institutions situated in the other Contracting States, as well as recognizing, for the purpose of the pursuit of studies, periods of study and partial studies in such institutions; (c) endeavouring to apply the provisions of paragraph (b) of the present Article to the studies, diplomas, degrees and qualiﬁcations awarded by regional higher educational institutions under the authority of the League of Arab States or any other Arab intergovernmental organization.

184

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  Each Contracting State agrees to take the necessary steps to ensure as far as possible that certiﬁcates, diplomas, degrees or qualiﬁcations issued by the competent authorities of the other Contracting States are eﬀectively recognized for the purpose of practising a profession, in accordance with Article 1, paragraph 1.

Article  1. Any person, of whatever political or legal status, who has followed studies in one of the Contracting States shall be entitled to beneﬁt from the provisions of Articles 3, 4 and 5, provided this is not contrary to the laws and international legal obligations of the host country. 2. Without prejudice to the provisions contained in Article 20 of the present Convention, any national of a Contracting State who has obtained in the territory of a non-Contracting State one or more certiﬁcates, qualiﬁcations, diplomas or degrees similar to those deﬁned in Articles 3, 4 and 5 above may avail himself of those provisions which are applicable, on condition that the certiﬁcates, qualiﬁcations, diplomas or degrees in question have been recognized in his home country and in the country in which he wishes to continue his studies or practise a profession.

IV. Machinery for implementation Article  The Contracting States shall endeavour to attain the goals deﬁned in Article 2 and shall ensure that the agreements set forth in Articles 3, 4 and 5 above are put into eﬀect by means of: (a) national bodies; (b) the Regional Committee, which will seek the cooperation of the existing competent regional institutions, and in particular the Arab League Educational, Cultural and Scientiﬁc Organization and the Association of Arab Universities; (c) bilateral or subregional bodies.

Article  1. The Contracting States recognize that the attainment of the goals and the execution of the agreements deﬁned in the present Convention will require, at the national level, close cooperation and coordination of the eﬀorts of a variety of national authorities whether governmental or non-governmental, particularly universities and other educational institutions. They therefore agree to entrust the study and solution of the problems involved in the application of the present Convention to appropriate national bodies with which the sectors concerned will be associated, and to take all the administrative measures required to speed up the functioning of these national bodies eﬀectively.

Conventions and Agreements of a Standard-setting Nature

185

2. Every national body shall have at its disposal the necessary means to enable it either to collect, process and ﬁle all information of use to it in its activities relating to studies, diplomas and degrees in higher education, or to obtain the information it requires in this connection at short notice from a separate national documentation centre.

Article  1. A Regional Committee of Contracting States composed of representatives of all the Contracting States is hereby set up and its secretariat entrusted to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization in cooperation and coordination with the Arab League Educational, Cultural and Scientiﬁc Organization and the Association of Arab Universities. UNESCO, ALECSO, the Association of Arab Universities, and any other international governmental or non-governmental organization designated by the Committee shall be permitted to be represented at its meetings. 2. The function of the Committee of Contracting States shall be to promote and extend the application of the present Convention. It shall receive and examine the periodic reports which the Contracting States shall communicate to it on the progress made and the obstacles encountered by them in the application of the Convention and also the studies carried out by its secretariat on the said Convention. The Contracting States undertake to submit to the Committee their reports at least once every two years. 3. The Regional Committee shall assist the institutions of higher education in the Contracting States in carrying out at their request self-evaluation in regard to this Convention at least once every ﬁve years, in accordance with a system to be established by the Committee for this purpose. The Committee shall also address recommendations of a general or individual character to the Contracting States. 4. The Regional Committee shall undertake the necessary studies required to adapt the objectives of this Convention in accordance with the evolving requirements of social, cultural and economic development in the Contracting States, and shall submit its recommendations to them; these recommendations shall take eﬀect after their approval by not less than two-thirds of the Contracting States. 5. The secretariat of the Committee of Contracting States shall cooperate with national bodies to obtain the information needed by them in their activities. 6. The Regional Committee shall be entitled to propose to Contracting States plans and procedures for implementing the Convention and coordinating its practical application by the Contracting States and UNESCO.

Article  The Regional Committee shall meet for the ﬁrst time three months after six States have deposited their instrument of ratiﬁcation. It shall elect its Chairman and adopt its Rules of Procedure. It shall set up the technical organs and bodies needed for the accomplishment of its work and shall deﬁne their competence and powers. It shall meet at least once every year and whenever necessary.

186

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  The Contracting States may entrust bilateral, subregional or regional bodies already in existence or set up for the purpose with the task of studying, and contributing to the solution of, the problems involved in the application of the present Convention at the bilateral, subregional or regional levels.

V. Documentation Article  1. The Contracting States shall periodically engage in wide exchanges of information and documentation pertaining to studies, diplomas and degrees in higher education. 2. They shall endeavour to promote the development of methods and means for collecting, processing, ﬁling and disseminating all the necessary information pertaining to the recognition of studies, certiﬁcates, qualiﬁcations and degrees in higher education, while taking into account the methods and means used and information collected in this respect by the various national, regional and international agencies, especially the United Nations Educational, Scientiﬁc and Cultural Organization, the Arab League Educational, Cultural and Scientiﬁc Organization and the Association of Arab Universities.

VI. Cooperation with international organizations Article  The Regional Committee shall make all the necessary arrangements for associating the competent international organizations, both governmental and non-governmental, with its eﬀorts to ensure that the present Convention is applied as fully as possible. For this purpose it shall conclude the appropriate agreements and arrangements with them.

VII. Institutions of higher education under the authority of a Contracting State but situated outside its territory Article  The provisions of the present Convention apply to studies pursued in, and to certiﬁcates, qualiﬁcations, diplomas and degrees obtained from, any institution of higher education which is aﬃliated to an institution under the authority of a Contracting State and which is situated outside its territory, within the limits authorized by the provisions in force in each of the Contracting States.

Conventions and Agreements of a Standard-setting Nature

187

VIII. Ratiﬁcation, accession and entry into force Article  The present Convention shall be open to the signature and ratiﬁcation of Arab States members of the League of Arab States and of UNESCO, and of any other State member of the League of Arab States and of any other State belonging to the Arab States Region as deﬁned by UNESCO.

Article  1. Other States which are members of the United Nations Educational, Scientiﬁc and Cultural Organization may be authorized to accede to this Convention. 2. Any such request should be communicated to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, who shall transmit it to the Contracting States at least three months before the meeting of the Regional Committee. 3. The Committee shall meet as an ad hoc committee to take a decision concerning the request. Its members shall be given speciﬁc authorization by their governments to that eﬀect. Decisions in such cases shall be by a two-thirds majority of the Contracting States. 4. This procedure shall apply only when a majority of the States referred to in Article 15 has ratiﬁed the Convention.

Article  Ratiﬁcation of the present Convention or accession to it shall be eﬀected by depositing an instrument of ratiﬁcation or accession with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization.

Article  The present Convention shall enter into force one month after two States have deposited their instrument of ratiﬁcation, but solely with respect to the States which have deposited their instruments of ratiﬁcation. It shall enter into force for each other State one month after that State has deposited its instrument of ratiﬁcation or accession.

Article  1. The Contracting States shall have the right to denounce the present Convention. 2. The denunciation shall be signiﬁed by an instrument in writing deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization. 3. The denunciation shall take eﬀect twelve months after the instrument of denunciation has been received. It shall have no retroactive eﬀects, nor shall it aﬀect the recognition of studies, qualiﬁcations, diplomas or degrees which has taken place in accordance with the

188

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

provisions of the Convention when the State denouncing the Convention was still bound thereby. Such recognition shall continue to have its full eﬀect after the denunciation has become eﬀective.

Article  This Convention shall not aﬀect in any way the treaties and conventions already in force between the Contracting States or the national legislation adopted by them in so far as such treaties, conventions and legislation oﬀer greater advantages than those provided for in the present Convention.

Article  The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the Contracting States and the other States mentioned in Articles 15 and 16, and also the United Nations, of the deposit of all the instruments of ratiﬁcation or accession referred to in Article 17 as well as of the denunciations provided for in Article 19.

Article  In conformity with Article 102 of the United Nations Charter, the present Convention shall be registered with the Secretariat of the United Nations at the request of the DirectorGeneral of the United Nations Educational, Scientiﬁc and Cultural Organization. IN FAITH THEREOF, the undersigned representatives, being duly authorized thereto, have signed the present Convention. Done at Paris, this twenty-second day of Muharram 1399 (22 December 1978), in the Arabic, English and French languages, the three texts being equally authoritative, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization. A certiﬁed true copy shall be sent to all the States referred to in Articles 15 and 16 and to the United Nations.

Conventions and Agreements of a Standard-setting Nature

189

Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties, with model bilateral agreement and additional Protocol adopted by the International Conference of States on the Double Taxation of Copyright Royalties remitted from One Country to Another, convened by UNESCO, Madrid, 13 December 1979* The Contracting States, Considering that the double taxation of copyright royalties is prejudicial to the interests of authors and thus constitutes a serious impediment to the dissemination of copyrighted works, which is one of the basic factors in the development of the culture, science and education of all peoples, Believing that the encouraging results already achieved by action against double taxation, through bilateral agreements and domestic measures, whose beneﬁcial eﬀects are generally recognized, can be improved by the conclusion of a multilateral convention speciﬁc to copyright royalties, Being of the opinion that these problems must be solved while respecting the legitimate interests of States and particularly the needs speciﬁc to those where the widest possible access to works of the human mind is an essential condition to their continuing development in the ﬁelds of culture, science and education, Seeking to ﬁnd eﬀective measures designed to avoid double taxation of copyright royalties where possible and, should it subsist, to eliminate it or to reduce its eﬀect, Have agreed on the following provisions:

Chapter I. Deﬁnitions Article . Copyright royalties 1. For the purposes of this Convention, and subject to the provisions of paragraphs 2 and 3 of this Article, ‘copyright royalties’ are payments of any kind made on the basis of the domestic copyright laws of the Contracting State in which these royalties are originally due, for the use of, or the right to use, a copyright in a literary, artistic or scientiﬁc work, as deﬁned in the multilateral copyright conventions, including such payments made in respect of legal or compulsory licences or in respect of the droit de suite. * Not yet entered into force.

190

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

2. This Convention shall not, however, be taken to cover royalties due in respect of the exploitation of cinematographic works or works produced by a process analogous to cinematography as deﬁned in the domestic copyright laws of the Contracting State in which these royalties are originally due when the said royalties are due to the producers of such works or their heirs or successors-in-title. 3. With the exception of payments made in respect of the droit de suite, the following shall not be considered as copyright royalties for the purposes of this Convention: payments for the purchase, rental, loan or any other transfers of a right in the material base of a literary, artistic or scientiﬁc work, even if the amount of this payment is ﬁxed in the light of the copyright royalties due or if the latter are determined, in whole or in part, by that of the said payment. When a right in the material base of work is transferred as an accessory to the transfer of the entitlement to use a copyright in the work, only the payments in return for this entitlement are copyright royalties for the purposes of this Convention. 4. In the case of payments made in respect of the droit de suite, and in all cases of the transfer of a right in the material base of a work referred to in paragraph 3 of this Article, and independently of the fact that the transfer in question is or is not free of charge, any payment made in settlement of or as a reimbursement for an insurance premium, transport or warehousing costs, agent’s commission or any other remuneration for a service, and any other expenses incurred, directly or indirectly, by the removal of the material base in question, including customs duties and other related taxes and special levies, shall not be a copyright royalty for the purposes of this Convention.

Article . Beneﬁciary of copyright royalties For the purposes of this Convention, the ‘beneﬁciary’ of copyright royalties is the beneﬁcial owner thereof to whom all or a part of such royalties is paid, whether he collects them as author, or heir or successor-in-title of the author, or whether he collects them in application of any other relevant criterion as agreed to in a bilateral agreement concerning double taxation of copyright royalties.

Article . State of residence of the beneﬁciary 1. For the purposes of this Convention, the State of which the beneﬁciary of the copyright royalties is a resident shall be deemed to be the State of residence of the beneﬁciary. 2. A person shall be deemed to be a resident of a State if he is liable to tax therein by reason of his domicile, residence, place of eﬀective management or any other relevant criterion as agreed to in a bilateral agreement concerning double taxation of copyright royalties. But this term does not include any person who is liable to tax in that State in respect only of income from sources in that State as capital he possesses there.

Conventions and Agreements of a Standard-setting Nature

191

Article . State of source of royalty For the purposes of this Convention, a State shall be deemed to be the State of source of copyright royalties when such royalties for the use of, or the right to use, a copyright in a literary, artistic or scientiﬁc work are originally due: (a) by that State or by a political or administrative subdivision or local authority of that State; (b) by a resident of that State, except where they result from an activity carried on by him in another State through a permanent establishment or from a ﬁxed base; (c) by a non-resident of that State, where they result from an activity carried on by him through a permanent establishment or from a ﬁxed base.

Chapter II. Guiding principles for action against double taxation of copyright royalties Article . Fiscal sovereignty and equality of rights of States Action against double taxation of copyright royalties shall be carried out, in accordance with the provisions of Article 8 of this Convention, with due respect for the ﬁscal sovereignty of the State of source and the State of residence, and due respect for the equality of their right to tax these royalties.

Article . Fiscal non-discrimination The measures against double taxation of copyright royalties shall not give rise to any tax discrimination based on nationality, race, sex, language or religion.

Article . Exchange of information In so far as it is necessary for the implementation of this Convention, the competent authorities of the Contracting States will exchange reciprocally information in the form and under the conditions which shall be laid down by means of bilateral agreement.

Chapter III. Implementation of the guiding principles for the action against double taxation of copyright royalties Article . Means of implementation 1. Each Contracting State undertakes to make every possible eﬀort, in accordance with its Constitution and the guiding principles set out above, to avoid double taxation of copyright royalties, where possible, and, should it subsist, to eliminate it or to reduce

192 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

its eﬀect. This action shall be carried out by means of bilateral agreements or by way of domestic measures. 2. The bilateral agreements referred to in paragraph 1 of this Article include those which deal with double taxation in general or those which are limited to double taxation of copyright royalties. An optional model of a bilateral agreement of the latter category, comprising several alternatives, is attached to this Convention of which it does not form an integral part. The Contracting States, while respecting the provisions of this Convention, may conclude bilateral agreements based on the norms that are most acceptable to them in each particular case. The application of bilateral agreements concluded earlier by the Contracting States is in no way affected by this Convention. 3. In case of adoption of domestic measures, each Contracting State may, notwithstanding the provisions of Article 1 of this Convention, deﬁne copyright royalties by reference to its own copyright legislation.

Chapter IV. General provisions Article . Members of diplomatic or consular missions The provisions of this Convention do not aﬀect the ﬁscal privileges of members of diplomatic or consular missions of the Contracting States, as well as of their families, either under the general rules of international law or under the provisions of special conventions.

Article . Information 1. The Secretariat of the United Nations Educational, Scientific and Cultural Organization and the International Bureau of the World Intellectual Property Organization shall assemble and publish relevant normative information concerning taxation of copyright royalties. 2. Each Contracting State shall communicate, as soon as possible, to the Secretariat of the United Nations Educational, Scientiﬁc and Cultural Organization and to the International Bureau of the World Intellectual Property Organization, the text of any new law, as well as all oﬃcial texts concerning the taxation of copyright royalties, including the text of any speciﬁc bilateral agreement on the relevant provisions on the said subject contained in any bilateral agreement dealing with double taxation in general. 3. The Secretariat of the United Nations Educational, Scientific and Cultural Organization and the International Bureau of the World Intellectual Property Organization shall furnish to any Contracting State, upon its request, information on questions relating to this Convention; they shall also carry out studies and provide services in order to facilitate the application of this Convention.

Conventions and Agreements of a Standard-setting Nature

193

Chapter V. Final clauses Article . Ratiﬁcation, acceptance, accession 1. This Convention shall be deposited with the Secretary-General of the United Nations Organization. It shall remain open until 31 October 1980 for signature by any State that is a member of the United Nations, any of the Specialized Agencies brought into relationship with the United Nations or the International Atomic Energy Agency, or that is a party to the Statute of the International Court of Justice. 2. This Convention shall be subject to ratiﬁcation or acceptance by the signatory States. It shall be open for accession by any State referred to in paragraph 1 of this Article. 3. Instruments of ratiﬁcation, acceptance or accession shall be deposited with the SecretaryGeneral of the United Nations. 4. It is understood that, at the time a State becomes bound by this Convention, it will be in a position in accordance with its domestic law to give eﬀect to the provisions of this Convention.

Article . Reservations The Contracting States may, either at the time of signature of this Convention or at the time of ratiﬁcation, acceptance or accession, make reservations as regards the conditions of application of the provisions contained in Articles 1 to 4, 9 and 17. No other reservation to the Convention shall be permitted.

Article . Entry into force 1. This Convention shall enter into force three months after the deposit of the tenth instrument of ratiﬁcation, acceptance or accession. 2. For each State ratifying, accepting, or acceding to this Convention after the deposit of the tenth instrument of ratiﬁcation, acceptance or accession, this Convention shall enter into force three months after the deposit of its instrument.

Article . Denunciation 1. Any Contracting State may denounce this Convention by a written notiﬁcation addressed to the Secretary-General of the United Nations. 2. Such denunciation shall take eﬀect twelve months after the date of receipt of the notiﬁcation by the Secretary-General of the United Nations.

Article . Revision 1. After this Convention has been in force for ﬁve years, any Contracting State may, by notiﬁcation addressed to the Secretary-General of the United Nations, request that a conference be convened for the purpose of revising the Convention. The Secretary-

194 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

General shall notify all Contracting States of this request. If, within a period of six months following the date of notiﬁcation by the Secretary-General of the United Nations, not less than one-third of the Contracting States, provided the number is not less than ﬁve, notify him of their concurrence with the request, the Secretary-General shall inform the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization and the Director-General of the World Intellectual Property Organization, who shall convene a revision conference with a view to introducing into this Convention amendments designed to improve action against double taxation of copyright royalties. 2. The adoption of any revision of this Convention shall require an aﬃrmative vote by two-thirds of the States attending the revision conference, provided that this majority includes two-thirds of the States which, at the time of the revision conference, are Parties to the Convention. 3. Any State which becomes a party to the Convention after the entry into force of a new convention wholly or partially revising this Convention shall, failing an expression of a diﬀerent intention by that State, be considered as: (a) a party to the revised convention, (b) a party to this Convention in relation to any State which is a Party to the present Convention but is not bound by the revised convention. 4. This Convention shall remain in force as regards relations between or with the Contracting States which have not become parties to the revised convention.

Article . Languages of the Convention, and notiﬁcations 1. This Convention shall be signed in a single copy in Arabic, English, French, Russian and Spanish, the ﬁve texts being equally authoritative. 2. Oﬃcial texts shall be established by the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization and the Director-General of the World Intellectual Property Organization, after consultation with the interested governments concerned, in the German, Italian and Portuguese languages. 3. The Secretary-General of the United Nations shall notify the States referred to in Article 11, paragraph 1, as well as the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization and the Director-General of the World Intellectual Property Organization of: (a) signature of this Convention, together with any accompanying text; (b) the deposit of instruments of ratiﬁcation, acceptance of accession, together with any accompanying text; (c) the date of entry into force of this Convention under Article 13, paragraph 1; (d) the receipt of notiﬁcations of denunciation; (e) the requests communicated to him in accordance with Article 15, as well as any communication received from the Contracting States concerning the revision of this Convention.

Conventions and Agreements of a Standard-setting Nature

195

4. The Secretary-General of the United Nations shall transmit two certiﬁed copies of this Convention to all States referred to in Article 11, paragraph 1.

Article . Interpretation, and settlement of disputes 1. A dispute between two or more Contracting States concerning the interpretation or in the matter of application of this Convention, not settled by negotiation, shall, unless the States concerned agree on some other method of settlement, be brought before the International Court of Justice for determination by it. 2. Any State may, at the time of signing this Convention or depositing its instrument of ratiﬁcation, acceptance or accession, declare that it does not consider itself bound by the provisions of paragraph 1. In the event of a dispute between that State and any other Contracting State, the provisions of paragraph 1 shall not apply. 3. Any State that has made a declaration in accordance with paragraph 2 may at any time withdraw it by notiﬁcation addressed to the Secretary-General of the United Nations. IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Convention. Done at Madrid on 13 December 1979.

Model bilateral agreement for the avoidance of double taxation of copyright royalties Preamble of agreement The Government of (State A) and the Government of (State B), Wishing to apply the principles set out in the Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties and thus to eliminate such double taxation or to reduce its eﬀect, Have agreed on the following provisions:

I. Scope of the agreement Article I. Persons and royalties covered 1. This Agreement shall apply to persons who are residents of one or both of the Contracting States. 2. This Agreement shall apply to copyright royalties when they arise in one Contracting State and their beneﬁciary is a resident of the other Contracting State.

196 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article II. Taxes covered Alternative A 1. This Agreement shall apply to compulsory taxes or deductions imposed on behalf of each Contracting State, [of its political subdivisions or its local authorities], irrespective of their description, their kind and the manner in which they are levied, provided that they are imposed on copyright royalties and are assessed on the amount of royalties, excluding taxes of a ﬁxed nature calculated without reference to the amount of the royalty. 2. The existing taxes to which the Agreement shall apply, are in particular: (a) in (State A) (i) [income tax applicable] (ii) [other taxes applicable] (iii) … (b) in (State B) (i) [income tax applicable] (ii) [other taxes applicable] (iii) … 3. This Agreement shall apply also to future taxes identical [or substantially similar] to those referred to in paragraph 1, which are imposed after the date of signature of this Agreement in addition to, or in place of, existing taxes. 4. The competent authorities of Contracting States shall communicate [at the beginning of each year] any changes in their respective laws and their application [made during the preceding year].

Alternative B 1. This Agreement shall apply to taxes imposed on behalf of each Contracting State [of its political subdivisions or its local authorities], irrespective of their description or the manner in which they are levied, provided that they are imposed on copyright royalties and are assessed on the amount of the royalties. 2. The taxes to which this Agreement shall apply are: (a) in (State A) (i) [total income tax] (ii) [other income taxes] (iii) … (b) in (State B) (i) [total income tax] (ii) [other income taxes] (iii) … 3. The competent authorities of Contracting States shall communicate [at the beginning of each year] any changes in their respective tax laws and their application [made during the preceding year].

Conventions and Agreements of a Standard-setting Nature

197

II. Deﬁnitions Article III. General deﬁnitions For the purposes of this Agreement, unless the context otherwise requires: (a) the terms ‘a Contracting State’ and ‘the other Contracting State’ shall, depending on the context, refer to (State A) or (State B); (b) the term ‘person’ includes an individual, a company and any other body of persons; (c) the term ‘company’ means any body corporate or any entity which is treated as a body corporate for tax purposes; (d) the terms ‘enterprise of a Contracting State’ and ‘enterprise of the other Contracting State’ mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State; (e) the term ‘nationals’ means (i) all individuals possessing the nationality of a State; (ii) all legal persons, partnerships and associations deriving their status as such from the law in force in a State; (f) the term ‘competent authority’ means (i) in (State A), … and, (ii) in (State B), …; (g) the term ‘copyright royalties’ shall be interpreted in accordance with the deﬁnition given in Article 1 of the Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties; (h) the term ‘beneﬁciary of copyright royalties’ shall be interpreted in accordance with the deﬁnition given in Article 2 of the Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties; (i) the term ‘State of source of royalties’ shall be interpreted in accordance with the deﬁnition given in Article 4 of the Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties; (j) the term ‘state of residence of the beneﬁciary’ shall be interpreted in accordance with the deﬁnition given in Article 3 of the Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties, completed by Article IV of this Agreement.

Article IV. Resident 1. For the purposes of this Agreement, a person shall be deemed to be a resident of a State if he is so considered in application of the provisions of Article 3, paragraph 2, of the Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties. 2. Where by reason of the provision of paragraph 1 an individual is deemed to be a resident of both Contracting States, then his status shall be determined as follows: (a) he shall be deemed to be a resident of the State in which he has a permanent home available to him. If he has a permanent home available to him in both

198

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b)

(c) (d)

States, he shall be deemed to be a resident of the State with which his personal and economic relations are closer (centre of vital interests); if the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either State, he shall be deemed to be a resident of the State in which he has an habitual abode; if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident of the State of which he is a national; if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.

3. Where by reason of the provisions of paragraph 2 a person other than an individual is deemed to be a resident of both Contracting States, [it shall be deemed to be a resident of the Contracting State in which its place of eﬀective management is situated] [the competent authorities of the Contracting States shall settle the question by mutual agreement].

Article V. Permanent establishment, ﬁ xed base 1. For the purposes of this Agreement, the term ‘permanent establishment’ means a ﬁxed place of business through which the business of an enterprise is wholly or partly carried on. [2. The term ‘permanent establishment’ includes especially: (a) a place of management; (b) a branch; (c) an oﬃce; (d) an industrial installation; (e) a store or other sales outlet; (f) a permanent exhibition at which orders are received or solicited; (g) the furnishing of services, including consultancy services, by an enterprise through employees or other personnel, where activities of that nature continue, for the same or a connected project, in the territory of the same State [for … months]. 3. Notwithstanding the provisions of paragraphs 1 and 2, a ‘permanent establishment’ shall not be deemed to include: (a) the use of facilities solely for the purpose of storage or display of goods belonging to the enterprise; (b) the maintenance of a stock of goods belonging to the enterprise solely for the purpose of storage or display; (c) the maintenance of a stock of goods belonging to the enterprise solely for the purpose of processing by another enterprise; (d) the maintenance of a ﬁxed place of business solely for the purpose of purchasing goods, acquiring rights or collecting information for the enterprise; (e) the maintenance of a ﬁxed place of business solely for the purpose of advertising, for the supply of information, for scientiﬁc research or for similar activities which have a preparatory or auxiliary character, for the enterprise. 4. Notwithstanding the provisions of paragraphs 1 and 2, a person acting in a Contracting State on behalf of an enterprise of the other Contracting State, other than an agent of an

Conventions and Agreements of a Standard-setting Nature

199

independent status to whom paragraph 5 applies, shall be deemed to be a ‘permanent establishment’ in the ﬁrst-mentioned State: (a) if he has, and habitually exercises in that State, an authority to conclude contracts in the name of the enterprise, unless his activities are limited to the purchase of goods, or to the acquisition of rights, for the enterprise; or (b) if he has no such authority but habitually maintains in the ﬁrst-mentioned State a stock from which he regularly delivers merchandise on behalf of the enterprise. 5. An enterprise of a Contracting State shall not be deemed to have a permanent establishment in the other Contracting State merely because it carries on business there through a broker, general commission agent, literary agent, or any other intermediary of an independent status, where such persons are acting in the ordinary course of their business. However, when the activities of such an intermediary are devoted exclusively or almost exclusively to that enterprise for more than … consecutive months, he shall not be deemed an agent of an independent status within the meaning of this Article. 6. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of another Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not in itself constitute such a company as a permanent establishment of the other.] 7. In this Agreement, the term ‘ﬁxed base’ means a place of residence and of work, or a place of work, where an individual habitually carries on a part at least of his activities of an independent nature.

III. Rules of taxation Article VI. Taxation methods st alternative Article VI A. Taxation by the State of residence subject to the existence of a permanent establishment or ﬁ xed base in the other State 1. Copyright royalties arising in a Contracting State and paid to a resident of the other Contracting State shall, subject to the provisions of paragraph 2, be taxable only in that other State if such resident is the beneﬁcial owner of the royalties. 2. The provisions of paragraph 1 shall not apply with respect to taxes on income if the beneﬁciary of the royalties carries on an industrial or commercial activity in the other Contracting State in which the royalties arise, through a permanent establishment situated therein, or performs in that other State independent personal services from a

200

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

ﬁxed base situated therein, and the right, activity or property in respect of which the royalties are paid is eﬀectively connected with such permanent establishment or ﬁxed base. In such a case, the royalties may be taxed solely in the State where the permanent establishment or the ﬁxed base is situated, but only to the extent that these are attributed to that establishment or that base. 3. In each Contracting State, the royalties that the beneﬁciary might have been expected to collect if he had created a distinct and separate enterprise, or if he had installed a distinct and separate place of work engaged in the same activities under the same or similar conditions, independently of the centre of activity of which this enterprise or this place of work constitutes a permanent establishment or a ﬁxed base, shall be attributed to that permanent establishment or that ﬁxed base. There shall be allowed as deductions expenses directly connected with the copyright royalties and incurred for the purposes of the permanent establishment or ﬁxed base, including executive and general administrative expenses so incurred, whether in the State in which the permanent establishment or the ﬁxed base is situated, or elsewhere. The royalties attributed to the permanent establishment or the ﬁxed base shall be calculated by the same method year by year, unless there is good and suﬃcient reason to the contrary. [4. If a royalty is more than the normal, intrinsic value of the rights in respect of which it is paid, the provisions in paragraphs 1 and 2 may be applied only to that part of the royalty corresponding to this normal, intrinsic value.]

nd alternative Article VI B. Allocation of taxation between the State of residence and the State of source with the same tax ceiling in both Contracting States 1. Copyright royalties arising in a Contracting State and paid to a beneﬁcial owner who is a resident of the other Contracting State shall be exempt in the ﬁrst-mentioned State from the taxes covered under paragraph[s] 2(a) (ii) [and 2(a) (iii)] of Article II in the case of (State A) or under paragraph[s] 2(b) (ii) [and 2(b) (iii)] of Article II in the case of (State B). 2.Where royalties are subject to income tax in the Contracting State of source according to the law of that State and in the Contracting State in which the beneﬁcial owner is resident, the tax so charged may not exceed x% of the amount of the royalty in the State of source and y% of the gross amount of the royalty in the State of residence. 3. The provisions of paragraphs 1 and 2 shall not apply if the beneﬁciary of royalties, being a resident of a Contracting State, carries on an industrial or commercial activity in which the royalties arise through a permanent establishment situated therein, or performs in that other State independent personal services from a ﬁxed base situated therein, and the right, activity or property in respect of which the royalties are paid is eﬀectively connected with such permanent establishment or ﬁxed base. In such a case

Conventions and Agreements of a Standard-setting Nature

201

the royalties may be taxed solely in the State where the permanent establishment or the ﬁxed base is situated, but only so much of them as is attributable to that permanent establishment or ﬁxed base. 4. In each Contracting State, the royalties that the beneﬁciary might have been expected to collect if he had created a distinct and separate enterprise, or if he had installed a distinct and separate place of work, engaged in the same or similar activities under the same or similar conditions, independently of the centre of activity of which this enterprise or this place of work constitutes a permanent establishment or a ﬁxed base, shall be attributed to that permanent establishment or that ﬁxed base. There shall be allowed as deductions expenses incurred for the purpose of the permanent establishment or ﬁxed base, including executive and general administrative expenses so incurred, whether in the State in which the permanent establishment or the ﬁxed base is situated, or elsewhere. The royalties attributed to the permanent establishment or the ﬁxed base shall be calculated by the same method year by year, unless there is good and suﬃcient reason to the contrary. [5. If a royalty is more than the normal, intrinsic value of the rights in respect of which it is paid, the provisions in paragraphs 1, 2 and 3, may be applied only to that part of the royalty corresponding to this normal, intrinsic value.]

rd alternative Article VI C. Allocation of taxation between the State of residence and the State of source with diﬀerent tax ceilings in each Contracting State 1. Copyright royalties whose source is in a Contracting State and paid to a beneﬁcial owner who is a resident of the other Contracting State shall be taxable in both Contracting States. They shall, however, be exempt from the taxes covered by paragraph[s] 2(a) (ii) [and 2(a) (iii)] of Article II in the case of (State A) or in paragraph[s] 2(b) (ii) [and 2(b) (iii)] of Article II in the case of (State B). 2. Where such royalties are subject to income tax in the Contracting State in which they have their source, according to the law of that State, and in the Contracting State of which the beneﬁciary is a resident, the tax so charged may not exceed: (a) in the case of royalties whose source is in (State A) and paid to a resident of (State B), x% of the gross amount of the royalties in the case of the tax levied in (State A) and x% of the gross amount of the royalties in the case of the tax levied in (State B). (b) in the case of royalties whose source is in (State B) and paid to a resident of (State A), y% of the gross amount of the royalties in the case of the tax levied in (State A) and y% of the gross amount of the royalties in the case of the tax levied in (State B). 3. The provisions of paragraphs 1 and 2 shall not apply if the beneﬁciary of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State

202 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

in which the royalties arise, through a permanent establishment situated therein, or performs in that other State independent personal services from a ﬁxed base situated therein, and the right, activity or property in respect of which the royalties are paid is eﬀectively connected with such permanent establishment or ﬁxed base. In such a case the royalties may be taxed solely in the State where the permanent establishment or the ﬁxed base is situated, but only so much of them as is attributable to that permanent establishment or ﬁxed base. 4. In each Contracting State, the royalties that the beneﬁciary might have been expected to collect if he had created a distinct and separate enterprise, or if he had installed a distinct and separate place of work, engaged in the same or similar activities under the same or similar conditions, independently of the centre of activity of which this enterprise or this place of work constitutes a permanent establishment or ﬁxed base, shall be attributed to that permanent establishment or that ﬁxed base. There shall be allowed as deductions expenses directly connected with the copyright royalties and incurred for the purposes of the permanent establishment or ﬁxed base, including executive and general administrative expenses so incurred, whether in the State in which the permanent establishment or the ﬁxed base is situated, or elsewhere. The royalties attributed to the permanent establishment or the ﬁxed base shall be calculated by the same method year by year, unless there is good and suﬃcient reason to the contrary. [5. If a royalty is more than the normal, intrinsic value of the rights in respect of which it is paid, the provisions in paragraphs 1, 2 and 3, may be applied only to that part of the royalty corresponding to this normal, intrinsic value.]

th alternative Article VI D. Taxation by the State of source Copyright royalties whose source is in a Contracting State and paid to a resident in the other Contracting State are taxable exclusively in the State of source of the royalties.

th alternative Article VI E. Allocation of taxation between the State of residence and the State of source with the tax ceiling in the State of source 1. Copyright royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State in which they arise and according to the laws of that State, but if the recipient is the beneﬁciary of the royalties, the tax so charged shall not exceed x% of the gross amount of the royalties. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation.

Conventions and Agreements of a Standard-setting Nature

203

th alternative Article VI F. Allocation of taxation between the State of source and that of residence with the tax ceiling in the State of residence 1. Copyright royalties whose source is in a Contracting State and which are paid to a beneﬁcial owner resident of the other Contracting State shall be taxable in the State of source of the royalties. 2. However, said royalties may also be taxed in the Contracting State where the beneﬁcial owner of the royalties resides, but not to exceed x% of the gross amount of the royalties.

IV. Elimination of double taxation Article VII. Methods for avoidance of double taxation st alternative VIIA. Exemption Method st alternative: Article VII A(i). Ordinary exemption Where a resident of a Contracting State receives royalties which, in accordance with the provisions of Article VI, may be taxed in the other Contracting State, the ﬁrst-mentioned State shall exempt such royalties from the tax on the income of this resident and shall not take them into account in calculating the amount of this tax.

nd alternative: Article VII A(ii). Exemption with progression Where a resident of a Contracting State receives royalties which, in accordance with the provisions of Article VI, may be taxed in the other Contracting State, the ﬁrst-mentioned State shall exempt such royalties from the tax on the income of this resident. Such State may nevertheless take into account the exempted royalties in calculating the amount of tax on the other income of this resident and may apply the same rate of tax as if the royalties in question had not been exempted.

rd alternative: Article VII A(iii). Exemption maintaining taxable income Where a resident of a Contracting State receives royalties which, in accordance with the provisions of Article VI, may be taxed in the other Contracting State, the ﬁrst-mentioned

204 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

State shall allow as a deduction from tax on the income of that resident, that part of the tax which is applicable to the royalties received from the other Contracting State.

nd alternative Article VII B. Credit method st alternative: Article VII B(i). Ordinary credit 1. Where a resident of a Contracting State receives royalties which, in accordance with the provisions of Article VI, may be taxed in the other Contracting State, the ﬁrst-mentioned State shall allow as a deduction from the tax on the income of that resident an amount equal to the income tax paid in the other Contracting State. Such deduction shall not exceed that part of the income tax, as computed before the deduction is given, which is attributable to the royalties which may be taxed in the other Contracting State. 2. For the purposes of this deduction, the taxes referred to in paragraphs 2(a) (i) and 2(b) (i) of Article II shall be deemed to be income tax.

nd alternative: Article VII B(ii). Full credit 1. Where a resident of a Contracting State receives royalties which, in accordance with the provisions of Article VI, may be taxed in the other Contracting State, the ﬁrst-mentioned State shall allow as a deduction from the tax on the income of that resident an amount equal to the tax paid in the other Contracting State. 2. For the purposes of this deduction, the taxes referred to in paragraphs 2(a) (i) and 2(b) (i) of Article II shall be deemed to be income tax.

rd alternative: Article VII B(iii). Matching credit 1. Where a resident of a Contracting State receives royalties which, in accordance with the provisions of Article VI, may be taxed in the other Contracting State, the ﬁrst-mentioned State shall allow as a deduction from the tax on the income of that resident an amount equal to …% of the gross amount of such royalties, whether or not the amount deducted in the State where the royalties arise equals this percentage. 2. For the purpose of this deduction, the taxes referred to in paragraphs 2(a) (i) and 2(b) (i) of Article II shall be deemed to be income tax.

th alternative: Article VII B(iv). Tax sparing credit 1. Where a resident of a Contracting State received royalties which, in accordance with the provisions of Article VI, may be taxed in the other Contracting State and beneﬁt there from special tax relief, the ﬁrst-mentioned State shall allow as a deduction from the tax on the income of that resident, who is the beneﬁciary of royalties, an amount equal to the total sum which, without this relief, would have had to be paid in that other State as tax on such royalties.

Conventions and Agreements of a Standard-setting Nature

205

2. For the purposes of this deduction, the taxes referred to in paragraphs 2(a) (i) and 2(b) (i) of Article II shall be deemed to be income tax.

V. Miscellaneous provisions Article VIII. Non-discrimination 1. In accordance with the principle of non-discrimination set out in Article 6 of the Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties, the nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation assessed on the amount of a copyright royalty, or any requirement connected therewith, which is other or more burdensome than those to which nationals of that other State in the same circumstances are, or may be, subjected. Notwithstanding the provisions of Article I, this principle also applies to persons who are not residents of one or both Contracting States. 2. Stateless persons who are residents of a Contracting State shall not be subjected in either Contracting State to any taxation on copyright royalties, or any requirement connected therewith, which is other or more burdensome than the taxation and connected requirements to which nationals of the State concerned in the same circumstances are, or may be, subjected. 3. The taxation on copyright royalties to which a permanent establishment of an enterprise of a Contracting State is subjected in the other Contracting State shall not be less favourably levied in that other State than the taxation on the same kind of copyright royalties to which enterprises of that State having the same status for tax purposes and carrying on the same activities are subjected. This provision shall not be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents. 4. Subject to the provisions of [paragraph 4 of Article VI A] [paragraph 5 of Article VI B or VI C], the royalties paid by an enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable proﬁts of such an enterprise, be deductible under the same conditions as if they had been paid to a resident of the ﬁrst-mentioned State. 5. Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the ﬁrst-mentioned State to any taxation assessed on copyright royalties or any requirement connected therewith, which is other or more burdensome than the taxation and connected requirements to which other similar enterprises of the ﬁrstmentioned State are, or may be, subjected. 6. The provisions of this Article shall, notwithstanding the provisions of Article II, apply to taxes of every kind and description.

206

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article IX. Mutual agreement procedure 1. Where a person considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies provided by the domestic law of those States, present his case to the competent authority of the Contracting State of which he is a resident or, if his case comes under Article VIII(1), to that of the Contracting State of which he is a national. This case must be presented within three years from the ﬁrst notiﬁcation of the action resulting in taxation not in accordance with the provisions of the Agreement. 2. The competent authority shall endeavour, if the objection appears to it to be justiﬁed and if it is not itself able to arrive at a satisfactory solution within a period of … or such extended period as may be communicated by it to the competent authority of the other State, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation which is not in accordance with this Agreement. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting States. 3. The competent authorities of the Contracting States shall endeavour to resolve by agreement any diﬃculties or doubts arising as to the interpretation or application of the Agreement. They may also consult together for the avoidance of double taxation in cases not provided for in this Agreement. 4. The competent authorities of the Contracting States may communicate with each other directly for the purpose of reaching an agreement in the sense of paragraphs 1, 2 and 3. When it seems advisable in order to reach agreement to have an oral exchange of opinions, such exchange may take place through a Commission consisting of representatives of the competent authorities of the Contracting States.

Article X. Exchange of information 1. The competent authorities of the Contracting State shall exchange such information as is necessary for carrying out the provisions of this Agreement or of the domestic laws of the Contracting States concerning taxes covered by this Agreement in so far as the taxation thereunder is not contrary to the Agreement. The exchange of information is not restricted by Article I of this Agreement. Any information received by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities, including courts and administrative bodies, involved in the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to the taxes covered by this Agreement. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. 2. In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation: (a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State;

Conventions and Agreements of a Standard-setting Nature

(b) (c)

207

to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information the disclosure of which would be contrary to public policy (ordre public).

Article XI. Members of diplomatic or consular missions Nothing in this Agreement shall aﬀect the ﬁscal privileges of members of diplomatic or consular missions of the Contracting States as well as of their families, either under the general rules of international law or under the provisions of special conventions.

Article XII. Entry into force 1. This Agreement shall be ratiﬁed and the instruments of ratiﬁcation shall be exchanged at … as soon as possible. 2. The Agreement shall enter into force upon the exchange of instruments of ratiﬁcation and its provisions shall have eﬀect: (a) in (State A) … (b) in (State B) …

Article XIII. Termination This Agreement shall remain in force until terminated by a Contracting State. Either Contracting State may terminate the Agreement, through diplomatic channels, by giving notice of termination at least six months before the end of any calendar year after the year … In such event, the Agreement shall cease to have eﬀect: (a) in (State A) … (b) in (State B) …

Article XIV. Interpretation As regards the application of this Agreement by a Contracting State, any term not deﬁned therein shall, unless the context otherwise requires, have the meaning which it has under the Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties or, failing this, under the law of that State.

Article XV. Relations between this agreement and other treaties on double taxation In the event of any diﬀerence between the provisions of this Agreement and those of another treaty on double taxation concluded by the Contracting States, the provisions of this Agreement shall take precedence in the relations between these States in matters relating to the taxation of copyright royalties.

208 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Additional Protocol to the Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties The States party to the Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties (hereinafter called ‘the Convention’) that are party to this Protocol have accepted the following provisions: 1. The provisions of the Convention also apply to the taxation of royalties paid to performers, producers of phonograms and broadcasting organizations in respect of rights related to copyright or ‘neighbouring’ rights, in so far as the latter royalties arise in a State party to this Protocol and their beneﬁciaries are residents of another State party to this Protocol. 2. (a)

(b) (c)

(d)

This Protocol shall be signed and shall be subject to ratiﬁcation, acceptance or accession by the signatory States, or may be acceded to, in accordance with the provisions of Article 11 of the Convention. This Protocol shall enter into force in accordance with the provisions of Article 13 of the Convention. Any Contracting State may denounce this Protocol in accordance with provisions of Article 14 of the Convention, it being understood, however, that a Contracting State denouncing the Convention must at the same time also denounce this Protocol. The provisions of Article 16 of the Convention shall apply to this Protocol.

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Protocol. Done at Madrid on 13 December 1979.

Conventions and Agreements of a Standard-setting Nature

209

Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region adopted by an International Conference of States convened by UNESCO, Paris, 21 December 1979 Preamble The States of the Europe Region, Parties to this Convention, Recalling that, as the General Conference of UNESCO has noted on several occasions in its resolutions concerning European cooperation, ‘the development of cooperation between nations in the ﬁelds of education, science, culture and communication, in accordance with the principles set out in UNESCO’s Constitution, plays an essential role in the promotion of peace and international understanding’, Conscious of the close relationship that exists between their cultures, despite their diversity of languages and the diﬀerences in economic and social systems, and desiring to strengthen their cooperation in the ﬁeld of education and training in the interests of the well-being and lasting prosperity of their peoples, Recalling that the States meeting in Helsinki expressed, in the Final Act of the Conference on Security and Cooperation in Europe (1 August 1975), their intention ‘to improve access, under mutually acceptable conditions, for students, teachers and scholars of the participating States to each other’s educational, cultural and scientiﬁc institutions … in particular by … arriving at the mutual recognition of academic degrees and diplomas either through governmental agreements, where necessary, or direct arrangements between universities and other institutions of higher learning and research’, and also by ‘promoting a more exact assessment of the problems of comparison and equivalence of academic degrees and diplomas’, Recalling that, with a view to promoting the attainment of these objectives, most of the Contracting States have already concluded bilateral or subregional agreements among themselves concerning the equivalence or recognition of diplomas, but desiring, while pursuing and intensifying their eﬀorts at the bilateral and subregional levels, to extend their cooperation in this ﬁeld to the whole Europe Region, Convinced that the great diversity of higher education systems in the Europe Region constitutes an exceptionally rich cultural asset which should be preserved, and desiring to enable all their peoples to beneﬁt fully from this rich cultural asset by facilitating access by the inhabitants of each Contracting State to the educational resources of the other Contracting States, more especially by authorizing them to continue their education in higher educational institutions in those other States,

210

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Considering that, to authorize admission to further stages of study, the concept of the recognition of studies should be employed, a concept which in a context of social and international mobility, makes it possible to evaluate the level of education reached bearing in mind knowledge acquired, as attested by diplomas and degrees obtained and also the individual’s other relevant qualiﬁcations, so far as these may be deemed acceptable by competent authorities, Considering that the recognition by all the Contracting States of studies, certiﬁcates, diplomas and degrees obtained in any one of them is intended to develop the international mobility of persons and the exchange of ideas, knowledge and scientiﬁc and technological experience, and that it would be desirable to accept foreign students into establishments of higher education on the understanding that recognition of their studies or diplomas shall at no time confer on them greater rights than those enjoyed by national students, Noting that this recognition constitutes one of the conditions necessary for: 1. enabling means of education existing in their territories to be used as eﬀectively as possible, 2. ensuring that teachers, students, research workers and professional workers have greater mobility, 3. alleviating the diﬃculties encountered on their return by persons who have been trained or educated abroad, Desiring to ensure that studies, certiﬁcates, diplomas and degrees are recognized as widely as possible, taking into account the principles of the promotion of lifelong education, the democratization of education, and the adoption and application of an education policy allowing for structural, economic, technological and social changes and suited to the cultural context of each country, Determined to sanction and organize their future collaboration in these matters by means of a convention which will be the starting point for concerted dynamic action, taken in particular by means of national, bilateral, subregional and multilateral machinery already existing or that may be deemed necessary, Mindful that the ultimate objective set by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization consists in ‘preparing an International Convention on the Recognition and the Validity of Degrees, Diplomas and Certiﬁcates issued by establishments of Higher Learning and Research in all Countries’, Have agreed as follows:

I. Deﬁnitions Article  1. For the purpose of this Convention, the ‘recognition’ of a foreign certiﬁcate, diploma or degree of higher education means its acceptance as a valid credential by the competent authorities

Conventions and Agreements of a Standard-setting Nature

211

in a Contracting State and the granting to its holder of rights enjoyed by persons who possess a national certiﬁcate, diploma or degree with which the foreign one is assessed as comparable. ‘Recognition’ is further deﬁned as follows: (a) Recognition of a certiﬁcate, diploma or degree with a view to undertaking or pursuing studies at the higher level shall enable the holder to be considered for entry to the higher educational and research institutions of any Contracting State as if he were the holder of a comparable certiﬁcate, diploma or degree issued in the Contracting State concerned. Such recognition does not exempt the holder of the foreign certiﬁcate, diploma or degree from complying with the conditions (other than those relating to the holding of a diploma) which may be required for admission to the higher educational or research institution concerned of the receiving State. (b) Recognition of a foreign certiﬁcate, diploma or degree with a view to the practice of a profession is recognition of the professional preparation of the holder for the practice of the profession concerned, without prejudice, however, to the legal and professional rules or procedures in force in the Contracting States concerned. Such recognition does not exempt the holder of the foreign certiﬁcate, diploma or degree from complying with any other conditions for the practice of the profession concerned which may be laid down by the competent governmental or professional authorities. (c) Recognition of a certiﬁcate, diploma or degree should not, however, entitle the holder to more rights in another Contracting State than he would enjoy in the country in which the certiﬁcate, diploma or degree was awarded. 2. For the purposes of this Convention, ‘partial studies’ means periods of study or training which, while not constituting a complete course, are such that they add signiﬁcantly to the acquisition of knowledge or skills.

II. Aims Article  1. The Contracting States intend to contribute through their joint action both to the promotion of the active cooperation of all the countries of the Europe Region in the cause of peace and international understanding, and to the development of more eﬀective collaboration with other Member States of UNESCO with regard to a better use of their educational, technological and scientiﬁc potential. 2. The Contracting States solemnly declare their ﬁrm resolve to cooperate closely within the framework of their legislation and constitutional structures, as well as within the framework of existing intergovernmental agreements, with a view to: (a) enabling, in the interest of the Contracting States, and consistent with their general policy for educational provision and administrative procedures, the best use of their available education and research resources, and for this purpose: (i) to make their higher educational institutions as widely accessible as possible to students or researchers from any of the Contracting States;

212

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b)

(c)

(ii) to recognize the studies, certiﬁcates, diplomas and degrees of such persons; (iii) to examine the possibility of elaborating and adopting similar terminology and evaluation criteria which would facilitate the application of a system which will ensure the comparability of credits, subjects of study and certiﬁcates, diplomas and degrees; (iv) to adopt a dynamic approach in matters of admission to further stages of study, bearing in mind knowledge acquired, as attested by certiﬁcates, diplomas and degrees, and also the individual’s other relevant qualiﬁcations, so far as these may be deemed acceptable by competent authorities; (v) to adopt ﬂexible criteria for the evaluation of partial studies, based on the educational level reached and on the content of the courses taken, bearing in mind the interdisciplinary character of knowledge at the higher educational level; (vi) to improve the system for the exchange of information regarding the recognition of studies, certiﬁcates, diplomas and degrees; constantly improving curricula in the Contracting States and methods of planning and promoting higher education, on the basis of not only the requirements for economic, social and cultural development, the policies of each country and also the objectives that are set out in the recommendations made by the competent organs of the United Nations Educational, Scientiﬁc and Cultural Organization concerning the continuous improvement of the quality of education, the promotion of lifelong education and the democratization of education, but also the aims of the full development of the human personality and of understanding, tolerance and friendship among nations and, in general, all aims concerning human rights assigned to education by the Universal Declaration of Human Rights and the United Nations International Covenants on Human Rights and the UNESCO Convention Against Discrimination in Education; promoting regional and worldwide cooperation for the solution of the ‘problems of comparison and equivalence between academic degrees and diplomas’, as well as for recognition of studies and academic diplomas.

3. The Contracting States agree to take all feasible steps at the national, bilateral and multilateral levels, in particular by means of bilateral, subregional, regional or other agreements, arrangements between universities or other higher educational institutions, and arrangements with the competent national or international organizations and other bodies, with a view to the progressive attainment by the competent authorities concerned of the goals deﬁned in the present Article.

III. Undertakings for immediate application Article  1. The Contracting States in addition to any obligations of governments, agree to take all feasible steps with a view to encouraging the competent authorities concerned to give

Conventions and Agreements of a Standard-setting Nature

213

recognition, as deﬁned in Article 1, paragraph 1, to secondary school leaving certiﬁcates and other diplomas, issued in the other Contracting States, that grant access to higher education, with a view to enabling the holders to undertake studies in institutions of higher education situated in the respective territories of the Contracting States. 2. Without prejudice to the provisions of Article 1, paragraph 1(a), however, admission to a given higher educational institution may also be dependent upon the availability of places and the qualiﬁcations concerning linguistic knowledge required in order proﬁtably to undertake the studies in question.

Article  1. The Contracting States, in addition to any obligations of governments, agree to take all feasible steps with a view to encouraging the competent authorities concerned to: (a) give recognition, as deﬁned in Article 1, paragraph 1, to certiﬁcates, diplomas and degrees, with a view to enabling the holders to pursue advanced studies and training and undertake research in their institutions of higher education; (b) deﬁne, so far as possible, the procedure applicable to the recognition, for the purpose of the pursuit of studies, of the partial studies pursued in higher educational institutions situated in the other Contracting States. 2. The provisions of Article 3, paragraph 2, above shall apply to the cases covered by this Article.

Article  The Contracting States, in addition to any obligations of governments, agree to take all feasible steps with a view to encouraging the competent authorities concerned to give recognition to the certiﬁcates, diplomas or degrees issued by the competent authorities of the other Contracting States for the purpose of practising a profession within the meaning of Article 1, paragraph 1(b).

Article  Where admission to educational institutions in the territory of a Contracting State is outside the control of that State, it shall transmit the text of the Convention to the institutions concerned and use its best endeavours to obtain the acceptance by the latter of the principles stated in Sections II and III of the Convention.

Article  1. Considering that ‘recognition’ refers to the studies followed and the certiﬁcates, diplomas or degrees obtained from institutions approved by the competent authorities concerned in the Contracting State in which the certiﬁcates, diplomas, or degrees were obtained, any person, of whatever nationality or political or legal status, who has followed such studies and obtained such certiﬁcates, diplomas or degrees shall be eligible for consideration to beneﬁt from the provisions of Articles 3, 4 and 5.

214

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

2. Any national of a Contracting State who has obtained in the territory of a nonContracting State one or more certiﬁcates, diplomas or degrees comparable to those deﬁned in Articles 3, 4 and 5 may avail himself of those provisions which are applicable, on condition that his certiﬁcates, diplomas or degrees have been recognized in his home country and in the country in which he wishes to continue his studies.

IV. Machinery for implementation Article  The Contracting States shall undertake to work for the attainment of the objectives deﬁned in Article 2 and shall make their best eﬀorts to ensure that the undertakings set forth in Articles 3, 4, 5 and 6 above are put into eﬀect by means of: (a) national bodies, (b) the Regional Committee deﬁned in Article 10, (c) bilateral or subregional bodies.

Article  1. The Contracting States recognize that the attainment of the goals and the execution of the undertakings deﬁned in this Convention will require, at the national level, close cooperation and coordination of the eﬀorts of a great variety of national authorities, whether governmental or non-governmental, particularly universities, validating bodies and other educational institutions. They therefore agree to entrust the study of the problems involved in the application of this Convention to appropriate national bodies, with which all the sectors concerned will be associated and which will be empowered to propose appropriate solutions. The Contracting States will furthermore take all feasible measures required to speed up the eﬀective functioning of these national bodies. 2. The Contracting States shall cooperate with the competent authorities of another Contracting State, especially by enabling them to collect all information of use to them in their activities relating to studies, diplomas and degrees in higher education. 3. Every national body shall have at its disposal the necessary means to enable it either to collect, process and ﬁle all information of use to it in its activities relating to studies, diplomas and degrees in higher education, or to obtain the information it requires in this connection at short notice from a separate national documentation centre.

Article  1. A Regional Committee composed of representatives of the governments of the Contracting States is hereby set up. Its secretariat is entrusted to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. 2. Non-Contracting States of the Europe Region which have been invited to take part in the diplomatic conference entrusted with the adoption of this Convention shall be able to participate in the meetings of the Regional Committee.

Conventions and Agreements of a Standard-setting Nature

215

3. The function of the Regional Committee shall be to promote the application of this Convention. It shall receive and examine the periodic reports which the Contracting States shall communicate to it on the progress made and the obstacles encountered by them in the application of the Convention and also the studies carried out by its secretariat on the said Convention. The Contracting States undertake to submit a report to the Committee at least once every two years. 4. The Regional Committee shall, where appropriate, address to the Contracting States recommendations of a general or individual character concerning the application of this Convention.

Article  1. The Regional Committee shall elect its Chairman for each session and adopt its Rules of Procedure. It shall meet in ordinary session at least every two years. The Committee shall meet for the ﬁrst time three months after the sixth instrument of ratiﬁcation or accession has been deposited. 2. The secretariat of the Regional Committee shall prepare the agenda for the meetings of the Committee, in accordance with the instructions it receives from the Committee and the provisions of the Rules of Procedure. It shall help national bodies to obtain the information needed by them in their activities.

V. Documentation Article  1. The Contracting States shall engage in exchanges of information and documentation pertaining to studies, certiﬁcates, diplomas and degrees in higher education. 2. They shall endeavour to promote the development of methods and machinery for collecting, processing, classifying and disseminating all the necessary information pertaining to the recognition of studies, certiﬁcates, diplomas and degrees in higher education, taking into account existing methods and machinery as well as information collected by national, regional, subregional and international bodies, in particular the United Nations Educational, Scientiﬁc and Cultural Organization.

VI. Cooperation with international organizations Article  The Regional Committee shall make all the appropriate arrangements for associating with its eﬀorts, for the purpose of ensuring that this Convention is applied as fully as possible, the competent international governmental and non-governmental

216 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

organizations. This applies particularly to the intergovernmental institutions and agencies vested with responsibility for the application of subregional conventions or agreements concerning the recognition of diplomas and degrees in the States belonging to the Europe Region.

VII. Institutions of higher education under the authority of a Contracting State but situated outside its territory Article  The provisions of this Convention shall apply to studies pursued at, and to certiﬁcates, diplomas and degrees obtained from, any institution of higher education under the authority of a Contracting State, even when this institution is situated outside its territory, provided that the competent authorities in the Contracting State in which the institution is situated have no objections.

VIII. Ratiﬁcation, accession and entry into force Article  This Convention shall be open for signature and ratiﬁcation by the States of the Europe Region which have been invited to take part in the diplomatic conference entrusted with the adoption of this Convention as well as by the Holy See.

Article  1. Other States which are members of the United Nations, of one of the Specialized Agencies or of the International Atomic Energy Agency, or which are parties to the Statute of the International Court of Justice, may be authorized to accede to this Convention. 2. Any request to this eﬀect shall be communicated to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, who shall transmit it to the Contracting States at least three months before the meeting of the ad hoc committee referred to in paragraph 3 of this Article. 3. The Contracting States shall meet as an ad hoc committee comprising one representative for each Contracting State with an express mandate from his government to consider such a request. In such cases, the decision of the committee shall require a two-thirds majority of the Contracting States. 4. This procedure shall apply only when the Convention has been ratiﬁed by at least twenty of the States referred to in Article 15.

Conventions and Agreements of a Standard-setting Nature

217

Article  Ratiﬁcation of this Convention or accession to it shall be eﬀected by depositing an instrument of ratiﬁcation or accession with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization.

Article  This Convention shall enter into force one month after the ﬁfth instrument of ratiﬁcation has been deposited, but solely with respect to the States which have deposited their instruments of ratiﬁcation. It shall enter into force for each other State one month after that State has deposited its instrument of ratiﬁcation or accession.

Article  1. The Contracting States shall have the right to denounce this Convention. 2. The denunciation shall be signiﬁed by an instrument in writing deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization. 3. The denunciation shall take eﬀect twelve months after the instrument of denunciation has been received. However, persons having benefited from the provisions of this Convention who may be pursuing studies in the territory of the State denouncing the Convention will be able to complete the course of studies they have begun.

Article  The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the Contracting States and the other States mentioned in Articles 15 and 16, and also the United Nations, of the deposit of all the instruments of ratiﬁcation or accession referred to in Article 17 and the denunciations provided for in Article 19 of this Convention.

Article  In conformity with Article 102 of the United Nations Charter, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. IN WITNESS WHEREOF, the undersigned representatives, being duly authorized, have signed this Convention. Done at Paris, this twenty-ﬁrst day of December 1979, in the English, French, Russian and Spanish languages, the four texts being equally authoritative, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization. A certiﬁed copy shall be sent to all the States referred to in Articles 15 and 16 and to the United Nations.

218

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Regional Convention on the Recognition of Studies, Certiﬁcates, Diplomas, Degrees and other Academic Qualiﬁcations in Higher Education in the African States adopted by an International Conference of States convened by UNESCO, Arusha, 5 December 1981 The African States, Parties to the present Convention, Considering the close bonds of solidarity that history and geography have forged between them, Reaﬃrming, in accordance with the Charter of the Organization of African Unity, their common resolve to strengthen understanding and cooperation among the African peoples in order to meet their aspirations towards greater brotherhood and increased solidarity in a larger unity transcending ethnic and national diversity, Noting that the fulﬁlment of these aspirations, long thwarted by colonial domination and the consequent division of the African continent, calls for intensive cooperation among the African States, which alone is capable of safeguarding their hard-won independence and sovereignty, of preserving and strengthening the cultural identity and diversity of their peoples, of respecting the speciﬁc character of their educational systems, of increasing and improving their educational facilities and curricula, and of ensuring eﬀective use in the best interests of the continent as a whole both of the training resources available in their respective territories and of the intellectuals, administrators, technologists, technicians and other high-level personnel which have been trained, Desirous in particular of strengthening and increasing their cooperation in matters relating to education and the use of human resources with the aim, in particular, of encouraging the advancement of knowledge, of achieving a constant and gradual improvement in the quality of higher education and of promoting economic, social and cultural development in each of the African countries and in the continent as a whole, Convinced that, as part of this cooperation, the recognition of studies, certiﬁcates, diplomas, degrees and other academic qualiﬁcations in higher education, which would ensure the greater mobility of students and persons engaged in an occupation throughout the African continent, is one of the conditions necessary for accelerating the development of the region, which implies that increasing numbers of scientists, technologists, technicians and specialists will be trained and their services fully utilized, Convinced that, precisely on account of the diversity and complexity of programmes of study, the system of equivalence of diplomas hitherto in use does not suﬃce to allow the best possible use to be made of their educational facilities, and that it is now becoming essential to adopt the concept of recognition of stages of training, taking into account not only the diplomas and degrees obtained but also the courses of study followed and the knowledge and experience acquired,

Conventions and Agreements of a Standard-setting Nature

219

Desirous of taking the greatest possible account, in their future collaboration, of the requirements of development and of the need to encourage the democratization of education and the promotion of lifelong education, while at the same time ensuring the continuous improvement of the quality of instruction, Resolved to organize and strengthen their cooperation in the ﬁeld of recognition of studies, certiﬁcates, diplomas, degrees, and other academic qualiﬁcations, by means of a convention which would be the starting point for concerted dynamic action carried out, in particular, through national, bilateral, subregional and regional bodies already in existence or set up for that purpose, Expressing the hope that this Convention will be a step towards more wide-ranging action leading to an international convention between all the Member States of the United Nations Educational, Scientiﬁc and Cultural Organization, Have agreed as follows:

I. Deﬁnitions Article  1. For the purposes of this Convention the ‘recognition’ of a foreign certiﬁcate, diploma, degree or other academic qualification of higher education means its acceptance by the competent authorities of a Contracting State and the granting to the holder of the rights enjoyed by persons possessing a national certiﬁcate, diploma, degree or academic qualiﬁcation with which the foreign one is assessed as comparable. Such rights extend to either the pursuit of studies or the practice of a profession, or both, according to the applicability of the recognition. (a) Recognition of a foreign certiﬁcate, diploma, degree or other academic qualiﬁcation with a view to undertaking or pursuing studies at the higher level shall entitle the holder to enter the higher educational and research institutions of any Contracting State under the same conditions as those applying to holders of a similar certiﬁcate, diploma, degree or other academic qualiﬁcation issued in the Contracting State concerned. (b) Recognition of a foreign certiﬁcate, diploma, degree or other academic qualiﬁcation with a view to the practice of a profession is the recognition of the holder’s technical capacity, and confers on him the rights and obligations of holders of the national certiﬁcate, diploma, degree or other academic qualiﬁcation required for the practice of the profession concerned. Such recognition does not exempt the holder of the foreign certiﬁcate, diploma, degree or other academic qualification from complying with the legal requirements or the conditions for the practice of the profession concerned which may be laid down by the competent governmental or professional authorities in the Contracting State concerned.

220 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

2. For the purposes of this Convention: (a) ‘Secondary education’ means that stage of studies of any kind which follows primary or elementary and preparatory education, and the aims of which include preparing pupils for admission to higher education. (b) ‘Higher education’ means all types of education and research at post-secondary level. Such education is open to all persons who are properly qualiﬁed, either because they have obtained a secondary school leaving diploma or certiﬁcate or because they have received appropriate training or acquired appropriate knowledge according to the conditions laid down for that purpose by the State concerned. 3. For the purposes of this Convention, ‘partial studies’ means any education whose duration or content is partial by comparison with the norms prevailing in the institution in which it was acquired. Recognition by a Contracting State of partial studies pursued in an institution situated in the territory of another Contracting State and recognized by that State may be granted in accordance with the level of achievements reached by the student in the opinion of the State granting recognition. 4. For the purposes of this Convention, ‘stage of training’ means a sum of academic and practical studies, or personal experience and achievements leading to the requisite point of maturity and skill in order, with regard to continuation of studies, to undertake the subsequent stage, and with regard to the practice of a profession, to assume the responsibilities and perform the duties corresponding to the stage concerned.

II. Aims Article  1. The Contracting States intend, through joint action concerning the recognition of studies, certiﬁcates, diplomas, degrees or other academic qualiﬁcations, to contribute to: (a) strengthening African unity and solidarity; (b) removing the constraints, based on diﬀerent past colonial experience, which cut across the region’s traditional historical and cultural links; and (c) promoting and strengthening the cultural identity of Africa and of its various countries. 2. The Contracting States solemnly declare their ﬁrm resolve to cooperate closely, with a view to: (a) enabling the educational resources available to them to be used as eﬀectively as possible in the interests of all the Contracting States and, for this purpose: (i) to make their higher educational institutions as widely accessible as possible to students from any of the Contracting States; (ii) to recognize the studies, certiﬁcates, diplomas, degrees and other academic qualiﬁcations of such persons, and to encourage exchanges and the greatest possible freedom of movement of teachers, students and researchers in the region;

Conventions and Agreements of a Standard-setting Nature

(b)

(c)

(d)

221

(iii) to coordinate the entrance requirements of the educational institutions of each country; (iv) to alleviate the diﬃculties encountered by those returning home after completing their education abroad, so that their reintegration into the life of the country may be achieved in the manner most beneﬁcial both to the community and to the development of their own personality; (v) to adopt terminology and evaluation criteria as similar as possible in order to facilitate the application of a system which will ensure the comparability of credits, subjects of study and certiﬁcates, diplomas, degrees and other qualiﬁcations of higher education; (vi) to take account, in the conception and revision of their educational systems and programmes, and of their methods of evaluation, of African realities, and to provide for gradual adoption of the African languages as languages of instruction; (vii) to adopt a dynamic approach in matters of admission to further stages of study, bearing in mind not only knowledge attested by academic qualiﬁcations, but also personal experience and achievements; (viii) to adopt methods of evaluation based solely on knowledge and skills acquired; (ix) to adopt ﬂexible criteria for the evaluation of partial studies, based on the educational level reached and on the content of the courses taken, bearing in mind the interdisciplinary character of knowledge at the higher educational level; (x) to improve the system for the exchange of information regarding the recognition of studies, certificates, diplomas, degrees and other qualiﬁcations; constantly reviewing and harmonizing curricula and planning of higher education in the Contracting States so as to take account of development requirements, of the African aspirations towards a new economic order, and of the recommendations made by the competent organs of the United Nations Educational, Scientiﬁc and Cultural Organization concerning the continuous improvement of the quality of education, the promotion of lifelong education and the democratization of education; promoting the widest and most eﬀective use of human resources so as to contribute to the acceleration of the development of the countries concerned, while at the same time avoiding the ‘brain drain’; promoting interregional cooperation in the matter of the recognition of studies, certiﬁcates, diplomas, degrees and other academic qualiﬁcations.

3. The Contracting States agree to take all necessary steps at the national, bilateral and multilateral levels, in particular by means of bilateral, subregional, regional or other agreements, agreements between universities or other higher educational institutions, and arrangements with the competent national or international organizations and other bodies, with a view to the progressive attainment of the goals deﬁned in the present Article.

222 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

III. Undertakings for immediate application Article  For the purposes of the continuation of studies and immediate admission to the subsequent stages of training in higher educational institutions situated in their respective territories, the Contracting States recognize, under the same conditions as those applicable to local academic qualiﬁcations, secondary school leaving certiﬁcates issued in the other Contracting States, the possession of which qualiﬁes the holders for admission to the subsequent stages of training in higher educational institutions situated in the territories of those Contracting States, provided the applicant satisﬁes, or is given the opportunity to meet, the requirements pertaining to the academic level prescribed for admission into those subsequent stages of training in higher education.

Article  The Contracting States agree to take all necessary steps at the national level with a view to: (a) recognizing, for the purpose of the pursuit of studies and immediate admission to the subsequent stages of training in higher educational institutions situated in their respective territories and under conditions applicable locally, academic qualiﬁcations obtained in a higher educational institution situated in the territory of another Contracting State and recognized by it, denoting that a full course of studies at the higher level has been completed to the satisfaction of the competent authorities; (b) deﬁning, so far as possible, the procedure applicable to the recognition, for the purpose of the pursuit of studies, of the partial studies pursued in higher educational institutions situated in the other Contracting States.

Article  The Contracting States agree to take the necessary steps to ensure that certiﬁcates, diplomas, degrees and other academic qualiﬁcations issued by the competent authorities of the other Contracting States are eﬀectively recognized so far as possible for the purpose of practising a profession within the meaning of Article 1, paragraph 1(b).

Article  1. Considering that recognition refers to the studies followed and the certiﬁcates, diplomas, degrees and other academic qualiﬁcations obtained in the recognized institutions of a given Contracting State, any person of whatever nationality or political or legal status, who has followed such studies and obtained such certiﬁcates, diplomas, degrees or other academic qualiﬁcations, shall be entitled to beneﬁt from the provisions of Articles 3, 4 and 5. 2. Any national of a Contracting State who has obtained in the territory of a nonContracting State one or more certiﬁcates, diplomas, degrees or other qualiﬁcations similar to those deﬁned in Articles 3, 4 and 5 may avail himself of those provisions which are applicable, on condition that his certiﬁcates, diplomas, degrees or qualiﬁcations have been

Conventions and Agreements of a Standard-setting Nature

223

recognized in his home country and in the country in which he wishes to continue his studies, without prejudice to the provisions of Article 20 of this Convention.

IV. Machinery for implementation Article  The Contracting States shall endeavour to attain the goals deﬁned in Article 2 and shall ensure that the undertakings set forth in Articles 3, 4 and 5 above are put into eﬀect by means of: (a) national bodies, (b) the Regional Committee deﬁned in Article 9 below, (c) bilateral or subregional bodies.

Article  1. The Contracting States recognize that the attainment of the goals and the execution of the undertakings deﬁned in this Convention will require, at the national level, close cooperation and coordination of the eﬀorts of a great variety of national authorities, whether governmental or non-governmental, particularly universities and other higher education institutions. They therefore agree to entrust the study of the problems involved in the application of this Convention to appropriate national bodies, with which all the sectors concerned will be associated and which will be empowered to propose appropriate solutions. The Contracting States will furthermore take all the administrative measures required to speed up the eﬀective functioning of these national bodies. 2. Every national body shall have at its disposal the necessary means to enable it either to collect, process and ﬁle all information of use to it in its activities relating to studies, diplomas and degrees in higher education, or to obtain the information it requires in this connection at short notice from a separate national documentation centre.

Article  1. A Regional Committee composed of representatives of all the Contracting States is hereby set up and its secretariat entrusted to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. 2. The function of the Regional Committee shall be to promote the application of this Convention. It shall receive and examine the periodic reports which the Contracting States shall communicate to it on the progress made and the obstacles encountered by them in the application of the Convention and also the studies carried out by its secretariat on the said Convention. The Contracting States undertake to submit a report to the Committee at least once every two years. 3. The Regional Committee shall, where appropriate, address to the Contracting States recommendations of a general or individual character concerning the application of this Convention.

224

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  1. The Regional Committee shall elect its Chairman and adopt its Rules of Procedure. It shall meet in ordinary session every two years. The Committee shall meet for the ﬁrst time three months after the sixth instrument of ratiﬁcation or accession has been deposited. 2. The secretariat of the Regional Committee shall prepare the agenda for the meetings of the Committee, in accordance with the instructions it receives from the Committee and the provisions of the Rules of Procedure. It may formulate proposals with a view to measures to be taken by the Committee. It shall help national bodies to obtain the information needed by them in their activities.

Article  1. The Contracting States may entrust existing bilateral or subregional bodies or bodies set up for the purpose with the task of studying the problems involved at the bilateral or regional levels in the application of this Convention and contributing to their solution. 2. The Regional Committee may likewise entrust appropriate African bodies with the task of studying and seeking solutions to the diﬃculties that present diﬀerences between the education systems and evaluation methods in use in the various subregions of the African continent entail for the harmonious and widespread application of the Convention.

V. Documentation Article  1. The Contracting States shall periodically engage in wide exchanges of information and documentation pertaining to studies, certiﬁcates, diplomas, degrees and other qualiﬁcations in higher education. 2. They shall endeavour to promote the development of methods and machinery for collecting, processing, classifying and disseminating all the necessary information pertaining to the recognition of studies, certiﬁcates, diplomas, degrees and other qualiﬁcations in higher education, taking into account existing methods and machinery as well as information collected by national, regional and international bodies, in particular the United Nations Educational, Scientiﬁc and Cultural Organization.

VI. Cooperation with international organizations Article  The Regional Committee shall make all the appropriate arrangements for associating the competent international governmental and non-governmental organizations with its eﬀorts to ensure that this Convention is applied as fully as possible.

Conventions and Agreements of a Standard-setting Nature

225

VII. Institutions of higher education under the authority of a Contracting State but situated outside its territory Article  The provisions of this Convention apply to studies pursued at, and to certiﬁcates, diplomas, degrees and other qualiﬁcations obtained from, any institution of higher education under the authority of a Contracting State, even when this institution is situated outside its territory, or is under the joint authority of more than one Contracting State.

VIII. Ratiﬁcation, accession and entry into force Article  This Convention shall be open for signature and ratiﬁcation by the African States which have been invited to take part in the diplomatic conference entrusted with the adoption of this Convention.

Article  1. Other States which are members of the United Nations, of one of the Specialized Agencies or of the International Atomic Energy Agency, or which are parties to the Statute of the International Court of Justice, may be authorized to accede to this Convention. 2. Any request to this eﬀect shall be communicated to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, who shall transmit it to the Contracting States at least three months before the meeting of the ad hoc committee referred to in paragraph 3 of this Article. 3. The Contracting States shall meet as an ad hoc committee comprising one representative for each Contracting State with an express mandate from his government to consider such a request. In such cases, the decision of the committee shall require a two-thirds majority of the Contracting States. 4. This procedure shall apply only when the Convention has been ratiﬁed by at least ﬁfteen of the States referred to in Article 15.

Article  Ratiﬁcation of this Convention or accession to it shall be eﬀected by depositing an instrument of ratiﬁcation or accession with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization.

226 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  This Convention shall come into eﬀect one month after the second instrument of ratiﬁcation has been deposited, but solely with respect to the States which have deposited their instruments of ratiﬁcation. For every other State which shall subsequently deposit its instrument of ratiﬁcation or accession, the Convention shall come into eﬀect one month thereafter.

Article  1. The present Convention may be amended in accordance with the principles and procedures set out in the Vienna Convention on the Law of Treaties. 2. The Contracting States shall have the right to denounce this Convention. 3. The denunciation shall be signiﬁed by an instrument in writing deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization. 4. The denunciation shall take eﬀect twelve months after the instrument of denunciation has been received. It shall have no retroactive eﬀects, nor shall it aﬀect the recognition of studies, certiﬁcates, diplomas, degrees and other qualiﬁcations which has taken place in accordance with the provisions of the Convention when the State denouncing the Convention was still bound thereby. Such recognition shall continue to have its full eﬀect after the denunciation has become eﬀective.

Article  This Convention shall not aﬀect in any way the treaties and conventions already in force between the Contracting States or the national legislation adopted by them in so far as such treaties, conventions and legislation oﬀer greater advantages than those provided for in the Convention.

Article  The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the Contracting States and the other States mentioned in Articles 15 and 16, and also the United Nations, of the deposit of all the instruments of ratiﬁcation or accession referred to in Article 17 and the denunciations provided for in Article 19 of this Convention.

Article  In conformity with Article 102 of the United Nations Charter, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. IN FAITH WHEREOF, the undersigned representatives, being duly authorized thereto, have signed this Convention.

Conventions and Agreements of a Standard-setting Nature

227

Done at Arusha, this ﬁfth day of December 1981, in the Arabic, English, French and Spanish languages, the four texts being equally authoritative, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization. A certiﬁed copy shall be sent to all the States referred to in Articles 15 and 16 and to the United Nations.

228

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Regional Convention on the Recognition of Studies, Diplomas, and Degrees in Higher Education in Asia and the Paciﬁc adopted by an International Conference of States convened by UNESCO, Bangkok, 16 December 1983 Preamble The States of Asia and the Paciﬁc, Parties to this Convention, Guided by a common will to strengthen the bonds by which geography and history have linked them, Recalling that, as stated in the Constitution of UNESCO, the purpose of the Organization is to contribute to peace and security by promoting collaboration among nations through education, science and culture, Mindful of the need to intensify their cultural exchanges with a view to facilitating the economic, social, cultural and technological development of each and all of the countries of the region of Asia and the Paciﬁc and to promoting peace there, Anxious in particular to strengthen and extend their collaboration with a view to making optimum use of their potential so as to encourage the advance of knowledge and continually improve the quality of higher education, and convinced that, within the framework of such collaboration, the recognition of studies, diplomas and degrees in higher education, by allowing students and specialists to move freely, constitutes a prerequisite for accelerating the development of the region, which demands the training and full employment of increasing numbers of scientists, technicians and specialists, Convinced that the great diversity of the cultures and higher education systems existing in the Asia and the Paciﬁc Region constitutes an exceptional resource, and anxious to enable their peoples to take full advantage of this cultural resource by facilitating access for the nationals of each Contracting State, in particular its students, teachers, researchers and members of the professions, to the educational resources of the other Contracting States by authorizing them to continue their training and research in the higher educational institutions of the other States, with due regard for their domestic legislation, Recognizing also the substantial diversity which exists in the region in educational traditions and systems, in traditions and requirements for professional practice, and in constitutional, legal and administrative arrangements, Recalling also that many Contracting States have already concluded bilateral or subregional agreements on equivalence and recognition among themselves, but desirous, after making eﬀorts at bilateral and subregional level and strengthening such eﬀorts, of extending their collaboration to the whole region of Asia and the Paciﬁc,

Conventions and Agreements of a Standard-setting Nature

229

Considering that because of the diversity and complexity of courses it may not always be feasible to establish between diplomas or degrees of diﬀerent countries, or even of diﬀerent higher educational institutions in the same country, an equivalence based on the notion of a strict equality of value and that, for the purposes of authorization to move on to further stages of study, recourse should be had to a method of recognition of studies which, in the interests of both social and international mobility, allows of evaluating the level of competence reached, consideration being given to the learning attested by the diplomas or degrees obtained and to any other experience regarded by the authorities concerned as guaranteeing that competence, Considering that the recognition by all the Contracting States of studies, certiﬁcates, diplomas and degrees obtained in any one of them is calculated to develop the mobility of persons and the exchange of ideas, knowledge and scientiﬁc and technological experience, Noting that this recognition constitutes one of the conditions necessary for: 1. enabling means of education existing in their territories to be used eﬀectively as possible for the common good, 2. ensuring that teachers, students, research workers and members of the professions have greater mobility, 3. alleviating the diﬃculties encountered on their return by persons who have been trained abroad, Desiring to ensure that studies, certiﬁcates, diplomas and degrees are recognized as widely as possible, taking into account the principles of the promotion of lifelong education, the democratization of education, and the adoption and application of an education policy allowing for structural, economic, technological and social changes, and suited to the cultural context of each country, Determined to sanction and organize their future collaboration in these matters by means of a convention which will be the starting point for concerted dynamic action taken in particular by means of national, bilateral, subregional and multilateral machinery already existing or set up for the purpose, Mindful that the ultimate objective set by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization consists in ‘preparing an international convention on the recognition and the validity of degrees, diplomas and certiﬁcates issued by establishments of higher learning and research in all countries’, Have agreed as follows:

I. Deﬁnitions Article  1. For the purpose of this Convention, the ‘recognition’ of a foreign certiﬁcate, diploma or degree of higher education means its acceptance by the competent authorities of a

230

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Contracting State and the granting to the holder of the rights enjoyed by persons possessing a national certiﬁcate, diploma or degree with which the foreign one is assessed as comparable by competent authorities within the Contracting State. Such rights extend to either the pursuit of studies or the practice of a profession, or both, according to the applicability of the recognition. (a) Recognition of a certiﬁcate, diploma or degree with a view to undertaking or pursuing studies at the higher level shall entitle the holder to be considered for admission to the higher educational and research institutions situated in any Contracting State under the same conditions as those applying to holders of a comparable certiﬁcate, diploma or degree issued in the Contracting State concerned. Such recognition does not exempt the holder of the foreign certiﬁcate, diploma or degree from complying with any conditions (other than those relating to the holding of a diploma or degree) which may be required for admission by the higher educational or research institution concerned in the State granting such recognition. (b) Recognition of a foreign certiﬁcate, diploma or degree with a view to the practice of a profession constitutes recognition that the holder has received the technical training required for the practice of that profession. Such recognition does not exempt the holder of the foreign certiﬁcate, diploma or degree from complying with any other conditions for the practice of the profession concerned which may be laid down by the competent governmental or professional authorities of Contracting States concerned. (c) However, recognition of a certiﬁcate, diploma or degree may not entitle the holder in another Contracting State to more rights than he would enjoy in the country in which it was conferred. 2. For the purposes of this Convention: (a) ‘secondary education’ means that stage of studies of any kind which follows primary or elementary education and the aims of which may include the preparing of pupils for access to higher education; (b) ‘higher education’ means all education, training or research at post secondary level. 3. For the purposes of this Convention ‘partial studies’ means periods of study or training which, although not constituting a complete course of study, are such that they add signiﬁcantly to the acquisition of knowledge or skills.

II. Aims Article  1. The Contracting States intend to contribute through their joint action to the promotion of the active cooperation of all the nations of the Asia and the Paciﬁc Region in the cause of peace and international understanding and to the development of more eﬀective

Conventions and Agreements of a Standard-setting Nature

231

collaboration with other Members States of UNESCO with regard to a more comprehensive use of their educational, technological and scientiﬁc potential. 2. The Contracting States solemnly declare their ﬁrm resolve to cooperate closely within the framework of their legislative and constitutional structures with a view to: (a) enabling the educational and research resources available to them to be used as eﬀectively as possible in the interests of all Contracting States, and, for this purpose: (i) making their higher educational institutions as widely accessible as possible to students or researchers from any of the Contracting States; (ii) recognizing the studies, certiﬁcates, diplomas and degrees of such persons; (iii) elaborating and adopting terminology and evaluation criteria that are as similar as possible in order to facilitate the application of a system capable of ensuring the comparability of credits, subjects of study, certiﬁcates, diplomas and degrees, and of the conditions of access to higher education; (iv) adopting a dynamic approach in matters of admission to further stages of study, bearing in mind knowledge acquired, as attested by certiﬁcates, diplomas and degrees, and also the individual’s other relevant qualiﬁcations, so far as these may be deemed acceptable by competent authorities; (v) adopting ﬂexible criteria for the evaluation of partial studies, based on the educational level reached and on the content of the courses taken, bearing in mind the interdisciplinary character of knowledge at higher educational levels; (vi) establishing and improving the system for the exchange of information regarding the recognition of studies, certiﬁcates, diplomas and degrees; (b) constantly improving curricula in the Contracting States and methods of planning and promoting higher education, including harmonization of the conditions of access to higher education on the basis of not only the requirements for economic, social and cultural development, the policies of each country and also the objectives that are set out in the recommendations made by the competent organs of the United Nations Educational, Scientiﬁc and Cultural Organization concerning the continuous improvement of the quality of education, the promotion of lifelong education and the democratization of education, but also the aims of the full development of the human personality and of understanding, tolerance and friendship among nations and, in general, all aims concerning human rights assigned to education by the Universal Declaration of Human Rights, the International Covenants on Human Rights and the UNESCO Convention against Discrimination in Education; (c) promoting regional and worldwide cooperation in the matter of comparability and recognition or equivalence of studies and academic qualiﬁcations. 3. The Contracting States agree to take all feasible steps at the national, bilateral and multilateral levels, in particular by means of bilateral, subregional, regional or other agreements, arrangements between universities or other higher educational institutions, and arrangements with the competent national or international organizations and other bodies, with a view to the progressive attainment of the goals deﬁned in the present Article.

232

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

III. Undertakings for immediate application Article  1. The Contracting States agree to take all feasible steps to give recognition, as deﬁned in Article 1, paragraph 1(a), to secondary school leaving certiﬁcates and other diplomas issued in the other Contracting States that grant access to higher education with a view to enabling the holders to undertake studies in institutions of higher education situated in the respective territories of the Contracting States. 2. However, admission to a given educational institution may, without prejudice to the provisions of Article 1, paragraph 1(a), be dependent on the availability of places and also on the conditions concerning linguistic knowledge required in order proﬁtably to undertake the studies in question.

Article  1. The Contracting States agree to take all feasible steps with a view to: (a) giving recognition as deﬁned in Article 1, paragraph 1(a), to certiﬁcates, diplomas and degrees with a view to enabling the holders to pursue advanced studies and training and undertake research in the institutions of higher education situated in their territory; (b) deﬁning, so far as possible, the procedure applicable to the recognition, for the purpose of the pursuit of studies, of the partial studies pursued in higher educational institutions situated in the other Contracting States. 2. The provisions of Article 3, paragraph 2, above shall apply to the cases covered by this Article.

Article  The Contracting States agree to take all feasible steps to ensure that certiﬁcates, diplomas or degrees issued by the competent authorities of the other Contracting States are eﬀectively recognized for the purpose of practising a profession within the meaning of Article 1, paragraph 1(b).

Article  Where decisions relating to admission to educational institutions and to credit for partial studies or entry to professional practice in the territory of a Contracting State are outside the control of the State, it shall transmit the text of the Convention to the institutions and authorities concerned and use its best endeavours to obtain the acceptance by them of the principles stated in sections II and III of the Convention.

Article  1. Considering that ‘recognition’ refers to the studies followed and the certiﬁcates, diplomas or degrees obtained in the recognized institutions of a given Contracting State, any person, of whatever nationality or political or legal status, who has followed such studies or obtained

Conventions and Agreements of a Standard-setting Nature

233

such certiﬁcates, diplomas or degrees shall be entitled to beneﬁt from the provisions of Articles 3, 4 and 5 above. 2. Any national of a Contracting State who has obtained in the territory of a nonContracting State one or more certiﬁcates, diplomas or degrees comparable to those deﬁned in Articles 3, 4, and 5 above may avail himself of those provisions which are applicable, on condition that his certiﬁcates, diplomas or degrees have been recognized in his home country and in the country in which he wishes to continue his studies.

IV. Machinery for implementation Article  The Contracting States shall undertake to work for the attainment of the objectives deﬁned in Article 2 and shall make their best eﬀorts to ensure that the undertakings set forth in Articles 3, 4, 5 and 6 above are put into eﬀect, by means of: (a) national bodies, (b) the Regional Committee deﬁned in Article 10 below, (c) bilateral or subregional bodies.

Article  1. The Contracting States recognize that the attainment of the goals and the execution of the undertakings deﬁned in this Convention will require, at the national level, close cooperation and coordination of the eﬀorts of a great variety of national authorities, whether governmental or non-governmental, particularly universities, validating bodies and other educational institutions. They therefore agree to entrust the study of the problems involved in the application of this Convention to appropriate national bodies with which all the sectors concerned will be associated and which will propose appropriate solutions. The Contracting States will furthermore take all feasible measures required to speed up the eﬀective functioning of these national bodies. 2. The Contracting States shall cooperate with each other to collect all information of use to them in their activities relating to studies, diplomas and degrees in higher education and other academic qualiﬁcations. 3. Every national body shall have at its disposal the necessary means to enable it either to collect, process and ﬁle all information of use to it in its activities relating to studies, diplomas and degrees in higher education, or to obtain the information it requires in this connection at short notice from a separate national documentation centre.

Article  1. A Regional Committee composed of representatives of the governments of Contracting States is hereby set up. Its secretariat is entrusted to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization.

234

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

2. The function of the Regional Committee shall be to promote the application of this Convention. It shall receive and examine the periodic reports which the Contracting States shall communicate to it on the progress made and obstacles encountered by them in the application of the Convention and also the studies carried out by its secretariat on the said Convention. The Contracting States undertake to submit a report to the Committee at least once every two years. Another function of the Regional Committee shall be to promote the collection, dissemination and exchange, among the States of the region, of information and documentation concerning studies, diplomas and degrees in higher education. 3. The Regional Committee shall, where appropriate, address to the Contracting States recommendations of a general or individual character concerning the application of this Convention.

Article  1. The Regional Committee shall elect its Chairman for each session and adopt its Rules of Procedure. It shall meet in ordinary session at least every two years. The Committee shall meet for the ﬁrst time three months after the sixth instrument of ratiﬁcation, approval or acceptance has been deposited. 2. The secretariat of the Regional Committee shall prepare the agenda for the meetings of the Committee, in accordance with the instructions it receives from the Committee and the provisions of the Rules of Procedure. It shall help national bodies to obtain the information needed by them in their activities.

V. Documentation Article  1. The Contracting States shall engage in exchanges of information and documentation pertaining to studies, certiﬁcates, diplomas and degrees in higher education and other academic qualiﬁcations. 2. They shall endeavour to promote the development of methods and machinery for collecting, processing, classifying and disseminating all the necessary information pertaining to the recognition of studies, certiﬁcates, diplomas and degrees in higher education, taking into account existing methods and machinery as well as information collected by national, regional, subregional and international bodies, in particular the United Nations Educational, Scientiﬁc and Cultural Organization.

VI. Cooperation with international organizations Article  The Regional Committee shall make all the appropriate arrangements for associating with its eﬀorts, for the purpose of ensuring that this Convention is applied as fully as possible, the competent international governmental and nongovernmental organizations.

Conventions and Agreements of a Standard-setting Nature

235

VII. Institutions of Higher Education under the authority of more than one State Article  1. The provisions of this Convention apply to studies pursued at, and the certiﬁcates, diplomas and degrees obtained from, any institution of higher education under the authority of a Contracting State, even when this institution is situated outside its territory. 2. When an institution of higher education is under the authority of a number of States, not all of which are Contracting Parties to this Convention, it shall be the responsibility of the Contracting States concerned to obtain the assent of the non-Contracting State or States in question to the full and unrestricted application of the Convention to the institution in question, and to inform the Director-General accordingly by depositing with him an oﬃcial statement to that eﬀect.

VIII. Ratiﬁcation, approval, acceptance, accession and entry into force Article  This Convention shall be open for signature and ratiﬁcation, approval or acceptance by the States of the Asia and the Paciﬁc Region which have been invited to take part in the Diplomatic Conference, entrusted with the adoption of this Convention.

Article  1. Other States which are members of the United Nations, of one of the Specialized Agencies or of the International Atomic Energy Agency, or which are parties to the Statute of the International Court of Justice, may be authorized to accede to this Convention. 2. Any request to this eﬀect shall be communicated the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, who shall transmit it to the Contracting States at least three months before the meeting of the ad hoc committee referred to in paragraph 3 of this Article. 3. The Contracting States shall meet as an ad hoc committee comprising one representative for each Contracting State with an express mandate from his government to consider such a request. In such cases, the decision of the committee shall require a two-thirds majority of the Contracting States. 4. This procedure shall apply only when the Convention has been ratiﬁed, approved or accepted by a least six of the States referred to in Article 15.

Article  Ratiﬁcation, approval or acceptance of this Convention or accession to it shall be eﬀected by depositing an instrument of ratiﬁcation, approval, acceptance or accession

236

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization.

Article  This Convention shall enter into force one month after the second instrument of ratiﬁcation, approval or acceptance has been deposited, but solely with respect to the States which have deposited their instruments of ratiﬁcation, approval or acceptance. It shall enter into force for each other State one month after that State has deposited its instrument of ratiﬁcation, approval, acceptance or accession.

Article  1. The Contracting States shall have the right to denounce this Convention. 2. The denunciation shall be signiﬁed by an instrument in writing deposited with the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. 3. The denunciation shall take eﬀect twelve months after the instrument of denunciation has been received. However, persons having benefited from the provisions of this Convention who may be pursuing studies in the territory of the State denouncing the Convention will be able to complete the course of studies they have begun.

Article  Any dispute between two or more Contracting States concerning the interpretation or implementation of the Convention shall be settled through consultation between the Contracting Parties concerned.

Article  This Convention shall not aﬀect in any way the treaties and conventions already in force between the Contracting States or the national legislation adopted by them in so far as such treaties, conventions and legislation oﬀer greater advantages than those provided for in the Convention.

Article  The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the Contracting States and the other States mentioned in Articles 15 and 16 above, and also the United Nations, of the deposit of all the instruments of ratiﬁcation, approval or acceptance referred to in Article 17, accession referred to in Article 16, or oﬃcial statements referred to in Article 14, as well as of the denunciations provided for in Article 19 of this Convention.

Article  In conformity with Article 102 of the United Nations Charter, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization.

Conventions and Agreements of a Standard-setting Nature

237

IN FAITH WHEREOF, the undersigned representatives, being duly authorized thereto, have signed this Convention. Done at Bangkok, this sixteenth day of December 1983, in the Chinese, English, French and Russian languages, the four texts being equally authoritative, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization. A certiﬁed copy shall be sent to all the States referred to in Articles 15 and 16 and to the United Nations.

238

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Convention on Technical and Vocational Education adopted by the General Conference of UNESCO at its 25th session, Paris, 10 November 1989 Preamble The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting at Paris from 17 October to 16 November 1989 at its twentyﬁfth session, Recalling that it is the Organization’s constitutional duty to promote and develop education, Recalling also the principles set forth in Articles 23 and 26 of the Universal Declaration of Human Rights which relate to the right to work and to education, the principles contained in the Convention against Discrimination in Education, adopted in Paris on 14 December 1960, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, adopted in New York on 16 December 1966, as well as the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the United Nations General Assembly on 18 December 1979, Recognizing that the development of technical and vocational education should contribute to the safeguarding of peace and friendly understanding among nations, Having noted the provisions of the Revised Recommendation concerning Technical and Vocational Education, and the Recommendation concerning Education for International Understanding, Cooperation and Peace and Education relating to Human Rights and Fundamental Freedoms, both adopted by the General Conference at its eighteenth session in 1974, Having noted further the provisions of the Recommendation on the Development of Adult Education, adopted by the General Conference in 1976, and the Recommendation concerning the Status of Teachers, adopted by the Special Intergovernmental Conference in 1966, Taking into account the relevant recommendations of the International Conference on Education, Bearing in mind the provisions of the Convention (No. 142) and Recommendation (No. 150) concerning Vocational Guidance and Vocational Training in the Development of Human Resources, adopted by the International Labour Conference at its sixtieth session in 1975, Noting further the close collaboration between UNESCO and the International Labour Organization in drawing up their respective instruments so that they pursue harmonious objectives and with a view to continuing fruitful collaboration,

Conventions and Agreements of a Standard-setting Nature

239

Considering the need to make a special eﬀort to promote the technical and vocational education of women and girls, Paying special attention to the diversity of education systems and socio-economic and cultural conditions, in particular those in developing countries which need special considerations and provisions, Considering that, in spite of this diversity, generally similar objectives are pursued and that similar problems arise in many countries, making it desirable to develop common guidelines in technical and vocational education, Recognizing that the pace of technological, social and economic development has considerably increased the need to expand and improve the technical and vocational education provided for both young people and adults, Recognizing that technical and vocational education meets the global aim of developing both individuals and societies, Convinced of the need for the exchange of information and experiences in the development of technical and vocational education and of the desirability of strengthening international cooperation in this ﬁeld, Convinced of the utility of an international legal instrument to reinforce international collaboration in the development of technical and vocational education, Adopts the present Convention this tenth day of November 1989.

Article  The Contracting States agree that: (a) for the purpose of this Convention, ‘technical and vocational education’ refers to all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life; (b) this Convention applies to all forms and levels of technical and vocational education provided in educational institutions or through cooperative programmes organized jointly by educational institutions, on the one hand, and industrial, agricultural, commercial or any other undertaking related to the world of work, on the other; (c) this Convention shall be applied in accordance with the constitutional provisions and legislation of each Contracting State.

Article  1. The Contracting States agree to frame policies, to deﬁne strategies and to implement, in accordance with their needs and resources, programmes and curricula for technical and vocational education designed for young people and adults, within the framework of their respective education systems, in order to enable them to acquire the knowledge and

240

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

know-how that are essential to economic and social development as well as to the personal and cultural fulﬁlment of the individual in society. 2. The general framework for the development of technical and vocational education shall be determined in each Contracting State by appropriate legislation or other measures indicating: (a) the objectives to be attained in technical and vocational ﬁelds, taking into consideration economic, social and cultural development needs and the personal fulﬁlment of the individual; (b) the relationship between technical and vocational education, on the one hand, and other types of education, on the other, with particular reference to horizontal and vertical articulation of programmes; (c) the structures for administrative organization of technical and vocational education deﬁned by the responsible authorities; (d) the roles of the public authorities responsible for economic, social and development planning in the various sectors of the economy and, where applicable, of professional associations, workers, employers and other interested parties. 3. The Contracting States shall guarantee that no individual who has attained the educational level for admission into technical and vocational education shall be discriminated against on grounds of race, colour, sex, language, religion, national or social origin, political or other opinions, economic status, birth, or on any other grounds. The Contracting States shall work towards the right to equal access to technical and vocational education and towards equality of opportunity to study throughout the educational process. 4. The Contracting States shall pay attention to the special needs of the handicapped and other disadvantaged groups and take appropriate measures to enable these groups to beneﬁt from technical and vocational education.

Article  1. The Contracting States agree to provide and develop technical and vocational education programmes that take account of: (a) the educational, cultural and social background of the population concerned and its vocational aspirations; (b) the technical and professional skills, knowledge and levels of qualiﬁcation needed in the various sectors of the economy, and the technological and structural changes to be expected; (c) employment opportunities and development prospects at the national, regional and local levels; (d) protection of the environment and the common heritage of mankind; (e) occupational health, safety and welfare. 2. Technical and vocational education should be designed to operate within a framework of open-ended and ﬂexible structures in the context of lifelong education and provide: (a) an introduction to technology and to the world of work for all young people within the context of general education;

Conventions and Agreements of a Standard-setting Nature

(b) (c) (d)

(e)

(f)

241

educational and vocational guidance and information, and aptitude counselling; development of an education designed for the acquisition and development of the knowledge and know-how needed for a skilled occupation; a basis for education and training that may be essential for occupational mobility, improvement of professional qualiﬁcations and updating of knowledge, skills and understanding; complementary general education for those receiving initial technical and vocational training in the form of on-the-job or other training both inside and outside technical and vocational education institutions; continuing education and training courses for adults, with a view, in particular, to retraining as well as to supplementing and upgrading the qualiﬁcations of those whose current knowledge has become obsolete because of scientific and technological progress or changes in the employment structure or in the social and economic situation, and also for those in special circumstances.

3. Technical and vocational education programmes should meet the technical requirements of the occupational sectors concerned and also provide the general education necessary for the personal and cultural development of the individual and include, inter alia, social, economic and environmental concepts relevant to the occupation concerned. 4. The Contracting States agree to tender support and advice to undertakings outside educational institutions which take part in cooperative programmes in technical and vocational education. 5. At each occupational level, the competence required must be deﬁned as clearly as possible, and curricula must be continuously updated to incorporate new knowledge and technical processes. 6. In assessing the ability to carry out occupational activities and determining appropriate awards in technical and vocational education, account should be taken of both the theoretical and the practical aspects of the technical ﬁeld in question, and this should apply both to persons who have received training and to persons who have acquired occupational experience in employment.

Article  The Contracting States agree to review periodically the structure of technical and vocational education, study programmes, plans, training methods and materials, as well as forms of cooperation between the school system and the world of work, so as to ensure that they are constantly adapted to scientiﬁc and technological progress, to cultural progress and to changing employment needs in the various sectors of the economy, and that advances in educational research and innovation are taken into account with a view to application of the most eﬀective teaching methods.

Article  1. The Contracting States agree that all persons teaching in the ﬁeld of technical and vocational education, whether working full time or part time, should have adequate

242

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

knowledge, theoretical and practical, of their professional ﬁeld of competence, as well as appropriate teaching skills, consistent with the type and level of the courses they are required to teach. 2. Persons teaching in technical and vocational education should be given the opportunity to update their technical formation, knowledge and skills through special courses, practical training periods in enterprises and any other organized form of activity involving contact with the world of work; in addition, they should be provided with information on and training in educational innovations that may have applications in their particular discipline, and be given the opportunity to participate in relevant research and development. 3. Equal employment opportunities should be oﬀered, without discrimination, to teachers and other specialized staﬀ in technical and vocational education, and their employment conditions should be such that it is possible to attract, recruit and retain staﬀ qualiﬁed in their areas of competence.

Article  To facilitate international cooperation, the Contracting States agree: (a) to encourage the collection and dissemination of information concerning innovations, ideas and experience in technical and vocational education and to participate actively in international exchanges dealing with study and teacher training programmes, methods, equipment standards and textbooks in the ﬁeld of technical and vocational education; (b) to encourage the use in technical and vocational education of international technical standards applied in industry, commerce and other sectors of the economy; (c) to promote approaches to achieving the recognition of equivalencies of qualiﬁcations acquired through technical and vocational education; (d) to encourage international exchanges of teachers, administrators and other specialists in technical and vocational education; (e) to give students from other countries, particularly from developing countries, the opportunity to receive technical and vocational education in their institutions, with a view, in particular, to facilitating the study, acquisition, adaptation, transfer and application of technology; (f) to promote cooperation in technical and vocational education between all countries, but in particular between industrialized and developing countries, in order to encourage the development of the technologies of the countries; (g) to mobilize resources for strengthening international cooperation in the ﬁeld of technical and vocational education.

Article  The Contracting States shall specify, in periodic reports submitted to the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization at the dates and in the form determined by it, the legislative provisions, regulations and other measures adopted by them to give eﬀect to this Convention.

Conventions and Agreements of a Standard-setting Nature

243

Article  The following provisions shall apply to those States Parties to this Convention which have a 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 States Parties with a centralized system; (b) with regard to the provisions of this Convention, the implementation of which comes under the legal jurisdiction of federated states and constituent counties, provinces, autonomous communities or cantons that are not obliged by the general or basic constitutional system of the federation to take legislative measures, the central government shall inform the competent authorities of such states, counties, provinces, autonomous communities or cantons of the said provisions, with its recommendation for their adoption.

Article  Member States of UNESCO become Parties to this Convention, as well as non-member States of UNESCO, which have been invited by UNESCO’s Executive Board to become Parties, by depositing with the Director-General of UNESCO an instrument of ratiﬁcation, acceptance, accession, or approval.

Article  This Convention shall enter into force three months after the third instrument referred to in Article 9 has been deposited, but solely with respect to the States that have deposited their respective instruments by that date. It shall enter into force for each other State three months after that State has deposited its instrument.

Article  1. Each Contracting State shall have the right to denounce this Convention by formal notiﬁcation in writing to the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization. 2. The denunciation shall take eﬀect twelve months after the notiﬁcation has been received.

Article  The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the Member States of the Organization, the non-Member States covered by Article 9, and also the United Nations, of the deposit of all the instruments referred to in Article 9 and the denunciations provided for in Article 11.

244 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  1. This Convention may be revised by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization. Such revision shall, however, be binding only on States Parties to the revised convention. 2. Should the General Conference adopt a new convention entailing a total or partial revision of this Convention, and unless the new convention otherwise provides, this present Convention shall cease to be open to new States Parties from the date of entry into force of the new revised convention.

Article  This Convention has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authoritative.

Article  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 the United Nations Educational, Scientiﬁc and Cultural Organization. Done in Paris, this sixteenth day of November 1989, in two authentic copies bearing the signature of the President of the twenty-ﬁfth session of the General Conference and of the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, which shall be deposited in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization, and certiﬁed true copies of which shall be delivered to all the States referred to in Article 9 as well as to the United Nations. IN FAITH WHEREOF, we have appended our signatures The President of the General Conference The Director-General

Conventions and Agreements of a Standard-setting Nature

245

Convention on the Recognition of Qualiﬁcations concerning Higher Education in the European Region adopted by an International Conference of States convened by UNESCO and the Council of Europe Lisbon, 11 April 1997 Preamble The Parties to this Convention, Conscious of the fact that the right to education is a human right, and that higher education, which is instrumental in the pursuit and advancement of knowledge, constitutes an exceptionally rich cultural and scientiﬁc asset for both individuals and society, Considering that higher education should play a vital role in promoting peace, mutual understanding and tolerance, and in creating mutual conﬁdence among peoples and nations, Considering that the great diversity of education systems in the European Region reﬂects its cultural, social, political, philosophical, religious and economic diversity, an exceptional asset which should be fully respected, Desiring to enable all people of the region to beneﬁt fully from this rich asset of diversity by facilitating access by the inhabitants of each State and by the students of each Party’s educational institutions to the educational resources of the other Parties, more speciﬁcally by facilitating their eﬀorts to continue their education or to complete a period of studies in higher education institutions in those other Parties, Considering that the recognition of studies, certiﬁcates, diplomas and degrees obtained in another country of the European Region represents an important measure for promoting academic mobility between the Parties, Attaching great importance to the principle of institutional autonomy, and conscious of the need to uphold and protect this principle, Convinced that a fair recognition of qualiﬁcations is a key element of the right to education and a responsibility of society, Having regard to the Council of Europe and UNESCO conventions covering academic recognition in Europe: • European Convention on the Equivalence of Diplomas leading to Admission to Universities (1953, ETS No. 15), and its Protocol (1964, ETS No. 49), • European Convention on the Equivalence of Periods of University Study (1956, ETS No. 21), • European Convention on the Academic Recognition of University Qualiﬁcations (1959, ETS No. 32),

246 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

• •

Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region (1979), European Convention on the General Equivalence of Periods of University Study (1990, ETS No. 138),

Having regard also to the International Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab and European States bordering on the Mediterranean (1976), adopted within the framework of UNESCO and partially covering academic recognition in Europe, Mindful that this Convention should also be considered in the context of the UNESCO conventions and the international recommendation covering other regions of the world, and of the need for an improved exchange of information between these regions, Conscious of the wide-ranging changes in higher education in the European Region since these conventions were adopted, resulting in considerably increased diversiﬁcation within and between national higher education systems, and of the need to adapt the legal instruments and practice to reﬂect these developments, Conscious of the need to ﬁnd common solutions to practical recognition problems in the European Region, Conscious of the need to improve current recognition practice and to make it more transparent and better adapted to the current situation of higher education in the European Region, Conﬁdent of the positive signiﬁcance of a convention elaborated and adopted under the joint auspices of the Council of Europe and UNESCO providing a framework for the further development of recognition practices in the European Region, Conscious of the importance of providing permanent implementation mechanisms in order to put the principles and provisions of the current Convention into practice, Have agreed as follows:

Section I. Deﬁnitions Article I For the purposes of this Convention, the following terms shall have the following meaning: Access (to higher education) The right of qualiﬁed candidates to apply and to be considered for admission to higher education. Admission (to higher education institutions and programmes) The act of, or system for, allowing qualiﬁed applicants to pursue studies in higher education at a given institution and/or a given programme.

Conventions and Agreements of a Standard-setting Nature

247

Assessment (of institutions or programmes) The process for establishing the educational quality of a higher education institution or programme. Assessment (of individual qualiﬁcations) The written appraisal or evaluation of an individual’s foreign qualiﬁcations by a competent body. Competent recognition authority A body oﬃcially charged with making binding decisions on the recognition of foreign qualiﬁcations. Higher education All types of courses of study, or sets of courses of study, training or training for research at the post secondary level, which are recognized by the relevant authorities of a Party as belonging to its higher education system. Higher education institution An establishment providing higher education and recognized by the competent authority of a Party as belonging to its system of higher education. Higher education programme A course of study recognized by the competent authority of a Party as belonging to its system of higher education, and the completion of which provides the student with a higher education qualiﬁcation. Period of study Any component of a higher education programme which has been evaluated and documented and, while not a complete programme of study in itself, represents a signiﬁcant acquisition of knowledge or skill. Qualiﬁcation A. Higher education qualiﬁcation Any degree, diploma or other certiﬁcate issued by a competent authority attesting the successful completion of a higher education programme. B. Qualiﬁcation giving access to higher education Any diploma or other certiﬁcate issued by a competent authority attesting the successful completion of an education programme and giving the holder of the qualiﬁcation the right to be considered for admission to higher education (cf. the deﬁnition of ‘access’). Recognition A formal acknowledgment by a competent authority of the value of a foreign educational qualiﬁcation with a view to access to educational and/or employment activities.

248

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Requirements A. General requirements Conditions that must in all cases be fulﬁlled for access to higher education, or to a given level thereof, or for the award of a higher education qualiﬁcation at a given level. B. Speciﬁc requirements Conditions that must be fulﬁlled, in addition to the general requirements, in order to gain admission to a particular higher education programme, or for the award of a speciﬁc higher education qualiﬁcation in a particular ﬁeld of study.

Section II. The competencies of authorities Article II.1 1. Where central authorities of a Party are competent to make decisions in recognition cases, that Party shall be immediately bound by the provisions of this Convention and shall take the necessary measures to ensure the implementation of its provisions on its territory. Where the competence to make decisions in recognition matters lies with components of the Party, the Party shall furnish one of the depositories with a brief statement of its constitutional situation or structure at the time of signature or when depositing its instrument of ratiﬁcation, acceptance, approval or accession, or any time thereafter. In such cases, the competent authorities of the components of the Parties so designated shall take the necessary measures to ensure implementation of the provisions of this Convention on their territory. 2. Where the competence to make decisions in recognition matters lies with individual higher education institutions or other entities, each Party according to its constitutional situation or structure shall transmit the text of this Convention to these institutions or entities and shall take all possible steps to encourage the favourable consideration and application of its provisions. 3. The provisions of paragraphs 1 and 2 of this Article shall apply, mutatis mutandis, to the obligations of the Parties under subsequent Articles of this Convention.

Article II.2 At the time of signature or when depositing its instrument of ratiﬁcation, acceptance, approval or accession, or at any time thereafter, each State, the Holy See or the European Community shall inform either the depositary of the present Convention of the authorities which are competent to make diﬀerent categories of decisions in recognition cases.

Conventions and Agreements of a Standard-setting Nature

249

Article II.3 Nothing in this Convention shall be deemed to derogate from any more favourable provisions concerning the recognition of qualiﬁcations issued in one of the Parties contained in or stemming from an existing or a future treaty to which a Party to this Convention may be or may become a party.

Section III. Basic principles related to the assessment of qualiﬁcations Article III.1 1. Holders of qualiﬁcations issued in one of the Parties shall have adequate access, upon request to the appropriate body, to an assessment of these qualiﬁcations. 2. No discrimination shall be made in this respect on any ground such as the applicant’s gender, race, colour, disability, language, religion, political or other opinion, national, ethnic or social origin, association with a national minority, property, birth or other status, or on the grounds of any other circumstance not related to the merits of the qualiﬁcation for which recognition is sought. In order to assure this right, each Party undertakes to make appropriate arrangements for the assessment of an application for recognition of qualiﬁcations solely on the basis of the knowledge and skills achieved.

Article III.2 Each Party shall ensure that the procedures and criteria used in the assessment and recognition of qualiﬁcations are transparent, coherent and reliable.

Article III.3 1. Decisions on recognition shall be made on the basis of appropriate information on the qualiﬁcations for which recognition is sought. 2. In the ﬁrst instance, the responsibility for providing adequate information rests with the applicant, who shall provide such information in good faith. 3. Notwithstanding the responsibility of the applicant, the institutions having issued the qualiﬁcations in question shall have a duty to provide, upon request of the applicant and within reasonable limits, relevant information to the holder of the qualiﬁcation, to the institution, or to the competent authorities of the country in which recognition is sought. 4. The Parties shall instruct or encourage, as appropriate, all education institutions belonging to their education systems to comply with any reasonable request for information for the purpose of assessing qualiﬁcations earned at the said institutions. 5. The responsibility to demonstrate that an application does not fulﬁl the relevant requirements lies with the body undertaking the assessment.

250 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article III.4 Each Party shall ensure, in order to facilitate the recognition of qualiﬁcations, that adequate and clear information on its education system is provided.

Article III.5 Decisions on recognition shall be made within a reasonable time limit speciﬁed beforehand by the competent recognition authority and calculated from the time all necessary information in the case has been provided. If recognition is withheld, the reasons for the refusal to grant recognition shall be stated, and information shall be given concerning possible measures the applicant may take in order to obtain recognition at a later stage. If recognition is withheld, or if no decision is taken, the applicant shall be able to make an appeal within a reasonable time limit.

Section IV. Recognition of qualiﬁcations giving access to higher education Article IV.1 Each Party shall recognize the qualiﬁcations issued by other Parties meeting the general requirements for access to higher education in those Parties for the purpose of access to programmes belonging to its higher education system, unless a substantial diﬀerence can be shown between the general requirements for access in the Party in which the qualiﬁcation was obtained and in the Party in which recognition of the qualiﬁcation is sought.

Article IV.2 Alternatively, it shall be suﬃcient for a Party to enable the holder of a qualiﬁcation issued in one of the other Parties to obtain an assessment of that qualiﬁcation, upon request by the holder, and the provisions of Article IV.1 shall apply, mutatis mutandis, to such a case.

Article IV.3 Where a qualiﬁcation gives access only to speciﬁc types of institutions or programmes of higher education in the Party in which the qualiﬁcation was obtained, each other Party shall grant holders of such qualiﬁcations access to similar speciﬁc programmes in institutions belonging to its higher education system, unless a substantial diﬀerence can be demonstrated between the requirements for access in the Party in which the qualiﬁcation was obtained and the Party in which recognition of the qualiﬁcation is sought.

Article IV.4 Where admission to particular higher education programmes is dependent on the fulﬁlment of speciﬁc requirements in addition to the general requirements for access, the

Conventions and Agreements of a Standard-setting Nature

251

competent authorities of the Party concerned may impose the additional requirements equally on holders of qualiﬁcations obtained in the other Parties or assess whether applicants with qualiﬁcations obtained in other Parties fulﬁl equivalent requirements.

Article IV.5 Where, in the Party in which they have been obtained, school leaving certiﬁcates give access to higher education only in combination with additional qualifying examinations as a prerequisite for access, the other Parties may make access conditional on these requirements or oﬀer an alternative for satisfying such additional requirements within their own educational systems. Any State, the Holy See or the European Community may, at the time of signature or when depositing its instrument of ratiﬁcation, acceptance, approval or accession, or at any time thereafter, notify one of the depositories that it avails itself of the provisions of this Article, specifying the Parties in regard to which it intends to apply this Article as well as the reasons therefore.

Article IV.6 Without prejudice to the provisions of Articles IV.1, IV.2, IV.3, IV.4 and IV.5, admission to a given higher education institution, or to a given programme within such an institution, may be restricted or selective. In cases in which admission to a higher education institution and/or programme is selective, admission procedures should be designed with a view to ensuring that the assessment of foreign qualiﬁcations is carried out according to the principles of fairness and non-discrimination described in Section III.

Article IV.7 Without prejudice to the provisions of Articles IV.1, IV.2, IV.3, IV.4 and IV.5, admission to a given higher education institution may be made conditional on demonstration by the applicant of suﬃcient competence in the language or languages of instruction of the institution concerned, or in other speciﬁed languages.

Article IV.8 In the Parties in which access to higher education may be obtained on the basis of non-traditional qualiﬁcations, similar qualiﬁcations obtained in other Parties shall be assessed in a similar manner as non-traditional qualiﬁcations earned in the Party in which recognition is sought.

Article IV.9 For the purpose of admission to programmes of higher education, each Party may make the recognition of qualiﬁcations issued by foreign educational institutions operating in its territory contingent upon speciﬁc requirements of national legislation or speciﬁc agreements concluded with the Party of origin of such institutions.

252 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Section V. Recognition of periods of study Article V.1 Each Party shall recognize periods of study completed within the framework of a higher education programme in another Party. This recognition shall comprise such periods of study towards the completion of a higher education programme in the Party in which recognition is sought, unless substantial diﬀerences can be shown between the periods of study completed in another Party and the part of the higher education programme which they would replace in the Party in which recognition is sought.

Article V.2 Alternatively, it shall be suﬃcient for a Party to enable a person who has completed a period of study within the framework of a higher education programme in another Party to obtain an assessment of that period of study, upon request by the person concerned, and the provisions of Article V.1 shall apply, mutatis mutandis, to such a case.

Article V.3 In particular, each Party shall facilitate recognition of periods of study when: (a) there has been a previous agreement between, on the one hand, the higher education institution or the competent authority responsible for the relevant period of study and, on the other hand, the higher education institution or the competent recognition authority responsible for the recognition that is sought; and (b) the higher education institution in which the period of study has been completed has issued a certiﬁcate or transcript of academic records attesting that the student has successfully completed the stipulated requirements for the said period of study.

Section VI. Recognition of higher education qualiﬁcations Article VI.1 To the extent that a recognition decision is based on the knowledge and skills certiﬁed by the higher education qualiﬁcation, each Party shall recognize the higher education qualiﬁcations conferred in another Party, unless a substantial diﬀerence can be shown between the qualiﬁcation for which recognition is sought and the corresponding qualiﬁcation in the Party in which recognition is sought.

Article VI.2 Alternatively, it shall be suﬃcient for a Party to enable the holder of a higher education qualiﬁcation issued in one of the other Parties to obtain an assessment of that qualiﬁcation,

Conventions and Agreements of a Standard-setting Nature

253

upon request by the holder, and the provisions of Article VI.1 shall apply, mutatis mutandis, to such a case.

Article VI.3 Recognition in a Party of a higher education qualiﬁcation issued in another Party shall have one or both of the following consequences: (a) access to further higher education studies, including relevant examinations, and/or to preparations for the doctorate, on the same conditions as those applicable to holders of qualiﬁcations of the Party in which recognition is sought; (b) the use of an academic title, subject to the laws and regulations of the Party, or a jurisdiction thereof, in which recognition is sought. In addition, recognition may facilitate access to the labour market, subject to laws and regulations of the Party, or a jurisdiction thereof, in which recognition is sought.

Article VI.4 An assessment in a Party of a higher education qualiﬁcation issued in another Party may take the form of: (a) advice for general employment purposes, (b) advice to an educational institution for the purpose of admission into its programmes, (c) advice to any other competent recognition authority.

Article VI.5 Each Party may make the recognition of higher education qualiﬁcations issued by foreign educational institutions operating in its territory contingent upon speciﬁc requirements of national legislation or speciﬁc agreements concluded with the Party of origin of such institutions.

Section VII. Recognition of qualiﬁcations held by refugees, displaced persons and persons in a refugee-like situation Article VII Each Party shall take all feasible and reasonable steps within the framework of its education system and in conformity with its constitutional, legal, and regulatory provisions to develop procedures designed to assess fairly and expeditiously whether refugees, displaced persons and persons in a refugee-like situation fulﬁl the relevant requirements for access to higher education, to further higher education programmes or to employment activities, even in cases in which the qualiﬁcations obtained in one of the Parties cannot be proven through documentary evidence.

254 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Section VIII. Information on the assessment of higher education institutions and programmes Article VIII.1 Each Party shall provide adequate information on any institution belonging to its higher education system, and on any programme operated by these institutions, with a view to enabling the competent authorities of other Parties to ascertain whether the quality of the qualiﬁcations issued by these institutions justiﬁes recognition in the Party in which recognition is sought. Such information shall take the following form: (a) in the case of Parties having established a system of formal assessment of higher education institutions and programmes: information on the methods and results of this assessment, and on the standards of quality speciﬁc to each type of higher education institution granting, and to programmes leading to, higher education qualiﬁcations; (b) in the case of Parties which have not established a system of formal assessment of higher education institutions and programmes: information on the recognition of the various qualiﬁcations obtained at any higher education institution, or within any higher education programme, belonging to their higher education systems.

Article VIII.2 Each Party shall make adequate provisions for the development, maintenance and provision of: (a) an overview of the diﬀerent types of higher education institutions belonging to its higher education system, with the typical characteristics of each type of institution; (b) a list of recognized institutions (public and private) belonging to its higher education system, indicating their powers to award diﬀerent types of qualiﬁcations and the requirements for gaining access to each type of institution and programme; (c) a description of higher education programmes; (d) a list of educational institutions located outside its territory which the Party considers as belonging to its education system.

Section IX. Information on recognition matters Article IX.1 In order to facilitate the recognition of qualiﬁcations concerning higher education, the Parties undertake to establish transparent systems for the complete description of the qualiﬁcations obtained.

Conventions and Agreements of a Standard-setting Nature

255

Article IX.2 1. Acknowledging the need for relevant, accurate and up-to-date information, each Party shall establish or maintain a national information centre and shall notify one of the depositories of its establishment, or of any changes aﬀecting it. 2. In each Party, the national information centre shall: (a) facilitate access to authoritative and accurate information on the higher education system and qualiﬁcations of the country in which it is located; (b) facilitate access to information on the higher education systems and qualiﬁcations of the other Parties; (c) give advice or information on recognition matters and assessment of qualiﬁcations, in accordance with national laws and regulations. 3. Every national information centre shall have at its disposal the necessary means to enable it to fulﬁl its functions.

Article IX.3 The Parties shall promote, through the national information centres or otherwise, the use of the UNESCO/Council of Europe Diploma Supplement, or any other comparable document, by the higher education institutions of the Parties.

Section X. Implementation mechanisms Article X.1 The following bodies shall oversee, promote and facilitate the implementation of the Convention: (a) the Committee of the Convention on the Recognition of Qualifications concerning Higher Education in the European Region; (b) the European Network of National Information Centres on academic mobility and recognition (the ENIC Network), established by decision of the Committee of Ministers of the Council of Europe on 9 June 1994 and the UNESCO Regional Committee for Europe on 18 June 1994.

Article X.2 1. The Committee of the Convention on the Recognition of Qualiﬁcations concerning Higher Education in the European Region (hereafter referred to as ‘the Committee’) is hereby established. It shall be composed of one representative of each Party. 2. For the purposes of Article X.2, the term ‘Party’ shall not apply to the European Community. 3. The States mentioned in Article XI.1.1 and the Holy See, if they are not Parties to this Convention, the European Community and the President of the ENIC Network may

256 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

participate in the meetings of the Committee as observers. Representatives of governmental and non-governmental organizations active in the ﬁeld of recognition in the region may also be invited to attend meetings of the Committee as observers. 4. The President of the UNESCO Regional Committee for the Application of the Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region shall also be invited to participate in the meetings of the Committee as an observer. 5. The Committee shall promote the application of this Convention and shall oversee its implementation. To this end it may adopt, by a majority of the Parties, recommendations, declarations, protocols and models of good practice to guide the competent authorities of the Parties in their implementation of the Convention and in their consideration of applications for the recognition of higher education qualiﬁcations. While they shall not be bound by such texts, the Parties shall use their best endeavours to apply them, to bring the texts to the attention of the competent authorities and to encourage their application. The Committee shall seek the opinion of the ENIC Network before making its decisions. 6. The Committee shall report to the relevant bodies of the Council of Europe and UNESCO. 7. The Committee shall maintain links to the UNESCO Regional Committees for the Application of Conventions on the Recognition of Studies, Diplomas and Degrees in Higher Education adopted under the auspices of UNESCO. 8. A majority of the Parties shall constitute a quorum. 9. The Committee shall adopt its Rules of Procedure. It shall meet in ordinary session at least every three years. The Committee shall meet for the ﬁrst time within a year of the entry into force of this Convention. 10. The secretariat of the Committee shall be entrusted jointly to the Secretary-General of the Council of Europe and to the Director-General of UNESCO.

Article X.3 1. Each Party shall appoint as a member of the European Network of National Information Centres on academic mobility and recognition (the ENIC Network) the national information centre established or maintained under Article IX.2. In cases in which more than one national information centre is established or maintained in a Party under Article IX.2, all these shall be members of the Network, but the national information centres concerned shall dispose of only one vote. 2. The ENIC Network shall, in its composition restricted to national information centres of the Parties to this Convention, uphold and assist the practical implementation of the Convention by the competent national authorities. The Network shall meet at least once a year in plenary session. It shall elect its President and Bureau in accordance with its terms of reference.

Conventions and Agreements of a Standard-setting Nature

257

3. The secretariat of the ENIC Network shall be entrusted jointly to the Secretary-General of the Council of Europe and to the Director-General of UNESCO. 4. The Parties shall cooperate, through the ENIC Network, with the national information centres of other Parties, especially by enabling them to collect all information of use to the national information centres in their activities relating to academic recognition and mobility.

Section XI. Final clauses Article XI.1 (1) This Convention shall be open for signature by: (a) the member States of the Council of Europe; (b) the member States of the UNESCO Europe Region; (c) any other signatory, contracting State or party to the European Cultural Convention of the Council of Europe and/or to the UNESCO Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region which have been invited to the diplomatic conference entrusted with the adoption of this Convention. (2) These States and the Holy See may express their consent to be bound by: (a) signature without reservation as to ratiﬁcation, acceptance or approval; or (b) signature, subject to ratiﬁcation, acceptance or approval, followed by ratiﬁcation, acceptance or approval; or (c) accession. 3. Signatures shall be made with one of the depositories. Instruments of ratiﬁcation, acceptance, approval or accession shall be deposited with one of the depositories.

Article XI.2 This Convention shall enter into force on the ﬁrst day of the month following the expiration of the period of one month after ﬁve States, including at least three member States of the Council of Europe and/or the UNESCO Europe Region, have expressed their consent to be bound by the Convention. It shall enter into force for each other State on the ﬁrst day of the month following the expiration of the period of one month after the date of expression of its consent to be bound by the Convention.

Article XI.3 1. After the entry into force of this Convention, any State other than those falling into one of the categories listed under Article XI.1 may request accession to this Convention. Any request to this eﬀect shall be addressed to one of the depositories, who shall transmit it to the Parties at least three months before the meeting of the Committee of the Convention on the Recognition of Qualiﬁcations concerning Higher Education in the European

258

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Region. The depositary shall also inform the Committee of Ministers of the Council of Europe and the Executive Board of UNESCO. 2. The decision to invite a State which so requests to accede to this Convention shall be taken by a two-thirds majority of the Parties. 3. After the entry into force of this Convention, the European Community may accede to it following a request by its member States, which shall be addressed to one of the depositories. In this case, Article XI.3.2 shall not apply. 4. In respect of any acceding States or the European Community, the Convention shall enter into force on the ﬁrst day of the month following the expiration of the period of one month after the deposit of the instrument of accession with one of the depositories.

Article XI.4 1. Parties to this Convention which are at the same time parties to one or more of the following conventions: • European Convention on the Equivalence of Diplomas leading to Admission to Universities (1953, ETS No. 15), and its Protocol (1964, ETS No. 49) • European Convention on the Equivalence of Periods of University Study (1956, ETS No. 21) • European Convention on the Academic Recognition of University Qualiﬁcations (1959, ETS No. 32) • International Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab and European States bordering on the Mediterranean (1976) • Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region (1979) • European Convention on the General Equivalence of Periods of University Study (1990, ETS No. 138) (a) shall apply the provisions of the present Convention in their mutual relations, (b) shall continue to apply the above-mentioned conventions to which they are a party in their relations with other States party to those conventions but not to the present Convention. 2. The Parties to this Convention undertake to abstain from becoming a party to any of the conventions mentioned in paragraph 1 to which they are not already a party, with the exception of the International Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab and European States bordering on the Mediterranean.

Article XI.5 1. Any State may, at the time of signature or when depositing its instrument of ratiﬁcation, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.

Conventions and Agreements of a Standard-setting Nature

259

2. Any State may, at any later date, by a declaration addressed to one of the depositories, extend the application of this Convention to any other territory speciﬁed in the declaration. In respect of such territory the Convention shall enter into force on the ﬁrst day of the month following the expiration of a period of one month after the date of receipt of such declaration by the depositary. 3. Any declaration made under the two preceding paragraphs may, in respect of any territory speciﬁed in such declaration, be withdrawn by a notiﬁcation addressed to one of the depositories. The withdrawal shall become eﬀective on the ﬁrst day of the month following the expiration of a period of one month after the date of receipt of such notiﬁcation by the depositary.

Article XI.6 1. Any Party may, at any time, denounce this Convention by means of a notiﬁcation addressed to one of the depositories. 2. Such denunciation shall become eﬀective on the ﬁrst day of the month following the expiration of a period of twelve months after the date of receipt of the notiﬁcation by the depositary. However, such denunciation shall not aﬀect recognition decisions taken previously under the provisions of this Convention. 3. Termination or suspension of the operation of this Convention as a consequence of a violation by a Party of a provision essential to the accomplishment of the object or purpose of this Convention shall be addressed in accordance with international law.

Article XI.7 1. Any State, the Holy See or the European Community may, at the time of signature or when depositing its instrument of ratiﬁcation, acceptance, approval or accession, declare that it reserves the right not to apply, in whole or in part, one or more of the following Articles of this Convention: • Article IV.8 • Article V.2 • Article VI.3 • Article VIII.2 • Article IX.3 No other reservation may be made. 2. Any Party which has made a reservation under the preceding paragraph may wholly or partly withdraw it by means of a notiﬁcation addressed to one of the depositories. The withdrawal shall take eﬀect on the date of receipt of such notiﬁcation by the depositary. 3. A Party which has made a reservation in respect of a provision of this Convention may not claim the application of that provision by any other Party; it may, however, if its reservation is partial or conditional, claim the application of that provision in so far as it has itself accepted it.

260 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article XI.8 1. Draft amendments to this Convention may be adopted by the Committee of the Convention on the Recognition of Qualiﬁcations concerning Higher Education in the European Region by a two-thirds majority of the Parties. Any draft amendment so adopted shall be incorporated into a protocol to this Convention. The protocol shall specify the modalities for its entry into force which, in any event, shall require the expression of consent by the Parties to be bound by it. 2. No amendment may be made to Section III of this Convention under the procedure of paragraph 1 above. 3. Any proposal for amendments shall be communicated to one of the depositories, who shall transmit it to the Parties at least three months before the meeting of the Committee. The depositary shall also inform the Committee of Ministers of the Council of Europe and the Executive Board of UNESCO.

Article XI.9 1. The Secretary-General of the Council of Europe and the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization shall be the depositories of this Convention. 2. The depositary with whom an act, notiﬁcation or communication has been deposited shall notify the Parties to this Convention, as well as the other member States of the Council of Europe and/or of the UNESCO Europe Region of: (a) any signature; (b) the deposit of any instrument of ratiﬁcation, acceptance, approval or accession; (c) any date of entry into force of this Convention in accordance with the provisions of Articles XI.2 and XI.3.4; (d) any reservation made in pursuance of the provisions of Article XI.7 and the withdrawal of any reservations made in pursuance of the provisions of Article XI.7; (e) any denunciation of this Convention in pursuance of Article XI.6; (f) any declarations made in accordance with the provisions of Article II.1, or of Article II.2; (g) any declarations made in accordance with the provisions of Article IV.5; (h) any request for accession made in accordance with the provisions of Article XI.3; (i) any proposal made in accordance with the provisions of Article XI.8; (j) any other act, notiﬁcation or communication relating to this Convention. 3. The depositary receiving a communication or making a notiﬁcation in pursuance of the provisions of this Convention shall immediately inform the other depositary thereof. IN WITNESS THEREOF, the undersigned representatives, being duly authorized, have signed this Convention.

Conventions and Agreements of a Standard-setting Nature

261

Done at Lisbon, on 11 April 1997, in the English, French, Russian and Spanish languages, the four texts being equally authoritative, in two copies, one of which shall be deposited in the archives of the Council of Europe and the other in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization. A certiﬁed copy shall be sent to all the States referred to in Article XI.1, to the Holy See and to the European Community and to the Secretariat of the United Nations.

262 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conﬂict adopted by a Diplomatic Conference convened by UNESCO, The Hague, 26 March 1999 The Parties, Conscious of the need to improve the protection of cultural property in the event of armed conﬂict and to establish an enhanced system of protection for speciﬁcally designated cultural property, Reaﬃrming the importance of the provisions of the Convention for the Protection of Cultural Property in the Event of Armed Conﬂict, done at The Hague on 14 May 1954, and emphasizing the necessity to supplement these provisions through measures to reinforce their implementation, Desiring to provide the High Contracting Parties to the Convention with a means of being more closely involved in the protection of cultural property in the event of armed conﬂict by establishing appropriate procedures therefor, Considering that the rules governing the protection of cultural property in the event of armed conﬂict should reﬂect developments in international law, Aﬃrming that the rules of customary international law will continue to govern questions not regulated by the provisions of this Protocol, Have agreed as follows:

Chapter 1. Introduction Article . Deﬁnitions For the purposes of this Protocol: (a) ‘Party’ means a State Party to this Protocol; (b) ‘cultural property’ means cultural property as defined in Article 1 of the Convention; (c) ‘Convention’ means the Convention for the Protection of Cultural Property in the Event of Armed Conﬂict, done at The Hague on 14 May 1954; (d) ‘High Contracting Party’ means a State Party to the Convention; (e) ‘enhanced protection’ means the system of enhanced protection established by Articles 10 and 11; (f) ‘military objective’ means an object which by its nature, location, purpose, or use makes an eﬀective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, oﬀers a deﬁnite military advantage;

Conventions and Agreements of a Standard-setting Nature

(g) (h) (i) (j) (k)

263

‘illicit’ means under compulsion or otherwise in violation of the applicable rules of the domestic law of the occupied territory or of international law; ‘List’ means the International List of Cultural Property under Enhanced Protection established in accordance with Article 27, sub-paragraph 1(b); ‘Director-General’ means the Director-General of UNESCO; ‘UNESCO’ means the United Nations Educational, Scientiﬁc and Cultural Organization; ‘First Protocol’ means the Protocol for the Protection of Cultural Property in the Event of Armed Conﬂict done at The Hague on 14 May 1954.

Article . Relation to the Convention This Protocol supplements the Convention in relations between the Parties.

Article . Scope of application 1. In addition to the provisions which shall apply in time of peace, this Protocol shall apply in situations referred to in Article 18, paragraphs 1 and 2, of the Convention and in Article 22, paragraph 1. 2. When one of the parties to an armed conﬂict is not bound by this Protocol, the Parties to this Protocol shall remain bound by it in their mutual relations. They shall furthermore be bound by this Protocol in relation to a State party to the conﬂict which is not bound by it, if the latter accepts the provisions of this Protocol and so long as it applies them.

Article . Relationship between Chapter 3 and other provisions of the Convention and this Protocol The application of the provisions of Chapter 3 of this Protocol is without prejudice to: (a) the application of the provisions of Chapter I of the Convention and of Chapter 2 of this Protocol; (b) the application of the provisions of Chapter II of the Convention save that, as between Parties to this Protocol or as between a Party and a State which accepts and applies this Protocol in accordance with Article 3, paragraph 2, where cultural property has been granted both special protection and enhanced protection, only the provisions of enhanced protection shall apply.

Chapter 2. General provisions regarding protection Article . Safeguarding of cultural property Preparatory measures taken in time of peace for the safeguarding of cultural property against the foreseeable eﬀects of an armed conﬂict pursuant to Article 3 of the Convention shall include, as appropriate, the preparation of inventories, the planning of emergency measures for protection against ﬁre or structural collapse, the preparation for the removal of movable

264 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

cultural property or the provision for adequate in situ protection of such property, and the designation of competent authorities responsible for the safeguarding of cultural property.

Article . Respect for cultural property With the goal of ensuring respect for cultural property in accordance with Article 4 of the Convention: (a) a waiver on the basis of imperative military necessity pursuant to Article 4, paragraph 2, of the Convention may only be invoked to direct an act of hostility against cultural property when and for as long as: (i) that cultural property has, by its function, been made into a military objective; and (ii) there is no feasible alternative available to obtain a similar military advantage to that oﬀered by directing an act of hostility against that objective; (b) a waiver on the basis of imperative military necessity pursuant to Article 4, paragraph 2, of the Convention may only be invoked to use cultural property for purposes which are likely to expose it to destruction or damage when and for as long as no choice is possible between such use of the cultural property and another feasible method for obtaining a similar military advantage; (c) the decision to invoke imperative military necessity shall only be taken by an oﬃcer commanding a force the equivalent of a battalion in size or larger, or a force smaller in size where circumstances do not permit otherwise; (d) in case of an attack based on a decision taken in accordance with sub-paragraph (a), an eﬀective advance warning shall be given whenever circumstances permit.

Article . Precautions in attack Without prejudice to other precautions required by international humanitarian law in the conduct of military operations, each Party to the conﬂict shall: (a) do everything feasible to verify that the objectives to be attacked are not cultural property protected under Article 4 of the Convention; (b) take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental damage to cultural property protected under Article 4 of the Convention; (c) refrain from deciding to launch any attack which may be expected to cause incidental damage to cultural property protected under Article 4 of the Convention which would be excessive in relation to the concrete and direct military advantage anticipated; and (d) cancel or suspend an attack if it becomes apparent: (i) that the objective is cultural property protected under Article 4 of the Convention; (ii) that the attack may be expected to cause incidental damage to cultural property protected under Article 4 of the Convention which would be excessive in relation to the concrete and direct military advantage anticipated.

Conventions and Agreements of a Standard-setting Nature

265

Article . Precautions against the eﬀects of hostilities The Parties to the conﬂict shall, to the maximum extent feasible: (a) remove movable cultural property from the vicinity of military objectives or provide for adequate in situ protection, (b) avoid locating military objectives near cultural property.

Article . Protection of cultural property in occupied territory 1. Without prejudice to the provisions of Articles 4 and 5 of the Convention, a Party in occupation of the whole or part of the territory of another Party shall prohibit and prevent in relation to the occupied territory: (a) any illicit export, other removal or transfer of ownership of cultural property; (b) any archaeological excavation, save where this is strictly required to safeguard, record or preserve cultural property; (c) any alteration to, or change of use of, cultural property which is intended to conceal or destroy cultural, historical or scientiﬁc evidence. 2. Any archaeological excavation of, alteration to, or change of use of, cultural property in occupied territory shall, unless circumstances do not permit, be carried out in close cooperation with the competent national authorities of the occupied territory.

Chapter 3. Enhanced protection Article . Enhanced protection Cultural property may be placed under enhanced protection provided that it meets the following three conditions: (a) it is cultural heritage of the greatest importance for humanity; (b) it is protected by adequate domestic legal and administrative measures recognizing its exceptional cultural and historic value and ensuring the highest level of protection; (c) it is not used for military purposes or to shield military sites, and a declaration has been made by the Party which has control over the cultural property, conﬁrming that it will not be so used.

Article . The granting of enhanced protection 1. Each Party should submit to the Committee a list of cultural property for which it intends to request the granting of enhanced protection. 2. The Party which has jurisdiction or control over the cultural property may request that it be included in the List to be established in accordance with Article 27, sub-paragraph 1(b). This request shall include all necessary information related to the criteria mentioned in

266

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article 10. The Committee may invite a Party to request that cultural property be included in the List. 3. Other Parties, the International Committee of the Blue Shield and other nongovernmental organizations with relevant expertise may recommend speciﬁc cultural property to the Committee. In such cases, the Committee may decide to invite a Party to request inclusion of that cultural property in the List. 4. Neither the request for inclusion of cultural property situated in a territory, sovereignty or jurisdiction over which is claimed by more than one State, nor its inclusion, shall in any way prejudice the rights of the parties to the dispute. 5. Upon receipt of a request for inclusion in the List, the Committee shall inform all Parties of the request. Parties may submit representations regarding such a request to the Committee within sixty days. These representations shall be made only on the basis of the criteria mentioned in Article 10. They shall be speciﬁc and related to facts. The Committee shall consider the representations, providing the Party requesting inclusion with a reasonable opportunity to respond before taking the decision. When such representations are before the Committee, decisions for inclusion in the List shall be taken, notwithstanding Article 6, by a majority of four-ﬁfths of its members present and voting. 6. In deciding upon a request, the Committee should ask the advice of governmental and non-governmental organizations, as well as of individual experts. 7. A decision to grant or deny enhanced protection may only be made on the basis of the criteria mentioned in Article 10. 8. In exceptional cases, when the Committee has concluded that the Party requesting inclusion of cultural property in the List cannot fulﬁl the criteria of Article 10, subparagraph (b), the Committee may decide to grant enhanced protection, provided that the requesting Party submits a request for international assistance under Article 32. 9. Upon the outbreak of hostilities, a Party to the conﬂict may request, on an emergency basis, enhanced protection of cultural property under its jurisdiction or control by communicating this request to the Committee. The Committee shall transmit this request immediately to all Parties to the conﬂict. In such cases the Committee will consider representations from the Parties concerned on an expedited basis. The decision to grant provisional enhanced protection shall be taken as soon as possible and, notwithstanding Article 26, by a majority of four-ﬁfths of its members present and voting. Provisional enhanced protection may be granted by the Committee pending the outcome of the regular procedure for the granting of enhanced protection, provided that the provisions of Article 10, sub-paragraphs (a) and (c), are met. 10. Enhanced protection shall be granted to cultural property by the Committee from the moment of its entry in the List. 11. The Director-General shall, without delay, send to the Secretary-General of the United Nations and to all Parties notiﬁcation of any decision of the Committee to include cultural property on the List.

Conventions and Agreements of a Standard-setting Nature

267

Article . Immunity of cultural property under enhanced protection The Parties to a conﬂict shall ensure the immunity of cultural property under enhanced protection by refraining from making such property the object of attack or from any use of the property or its immediate surroundings in support of military action.

Article . Loss of enhanced protection 1. Cultural property under enhanced protection shall only lose such protection: (a) if such protection is suspended or cancelled in accordance with Article 14; or (b) if, and for as long as, the property has, by its use, become a military objective. 2. In the circumstances of sub-paragraph 1(b), such property may only be the object of attack if: (a) the attack is the only feasible means of terminating the use of the property referred to in sub-paragraph 1(b); (b) all feasible precautions are taken in the choice of means and methods of attack, with a view to terminating such use and avoiding, or in any event minimizing, damage to the cultural property; (c) unless circumstances do not permit, due to requirements of immediate selfdefence: (i) the attack is ordered at the highest operational level of command; (ii) eﬀective advance warning is issued to the opposing forces, requiring the termination of the use referred to in sub-paragraph 1(b); and (iii) reasonable time is given to the opposing forces to redress the situation.

Article . Suspension and cancellation of enhanced protection 1. Where cultural property no longer meets any one of the criteria in Article 10 of this Protocol, the Committee may suspend its enhanced protection status or cancel that status by removing that cultural property from the List. 2. In the case of a serious violation of Article 12 in relation to cultural property under enhanced protection arising from its use in support of military action, the Committee may suspend its enhanced protection status. Where such violations are continuous, the Committee may exceptionally cancel the enhanced protection status by removing the cultural property from the List. 3. The Director-General shall, without delay, send to the Secretary-General of the United Nations and to all Parties to this Protocol notiﬁcation of any decision of the Committee to suspend or cancel the enhanced protection of cultural property. 4. Before taking such a decision, the Committee shall aﬀord an opportunity to the Parties to make their views known.

268 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Chapter 4. Criminal responsibility and jurisdiction Article . Serious violations of this Protocol 1. Any person commits an oﬀence within the meaning of this Protocol if that person intentionally and in violation of the Convention or this Protocol commits any of the following acts: (a) making cultural property under enhanced protection the object of attack; (b) using cultural property under enhanced protection or its immediate surroundings in support of military action; (c) extensive destruction or appropriation of cultural property protected under the Convention and this Protocol; (d) making cultural property protected under the Convention and this Protocol the object of attack; (e) theft, pillage or misappropriation of, or acts of vandalism directed against cultural property protected under the Convention. 2. Each Party shall adopt such measures as may be necessary to establish as criminal oﬀences under its domestic law the oﬀences set forth in this Article and to make such oﬀences punishable by appropriate penalties. When doing so, Parties shall comply with general principles of law and international law, including the rules extending individual criminal responsibility to persons other than those who directly commit the act.

Article . Jurisdiction 1. Without prejudice to paragraph 2, each Party shall take the necessary legislative measures to establish its jurisdiction over oﬀences set forth in Article 15 in the following cases: (a) when such an oﬀence is committed in the territory of that State; (b) when the alleged oﬀender is a national of that State; (c) in the case of oﬀences set forth in Article 15, sub-paragraphs (a) to (c), when the alleged oﬀender is present in its territory. 2. With respect to the exercise of jurisdiction and without prejudice to Article 28 of the Convention: (a) this Protocol does not preclude the incurring of individual criminal responsibility or the exercise of jurisdiction under national and international law that may be applicable, or aﬀect the exercise of jurisdiction under customary international law; (b) except in so far as a State which is not Party to this Protocol may accept and apply its provisions in accordance with Article 3, paragraph 2, members of the armed forces and nationals of a State which is not Party to this Protocol, except for those nationals serving in the armed forces of a State which is a Party to this Protocol, do not incur individual criminal responsibility by virtue of this Protocol, nor does this Protocol impose an obligation to establish jurisdiction over such persons or to extradite them.

Conventions and Agreements of a Standard-setting Nature

269

Article . Prosecution 1. The Party in whose territory the alleged oﬀender of an oﬀence set forth in Article 15, sub-paragraphs 1(a) to (c), is found to be present shall, if it does not extradite that person, submit, without exception whatsoever and without undue delay, the case to its competent authorities, for the purpose of prosecution, through proceedings in accordance with its domestic law or with, if applicable, the relevant rules of international law. 2. Without prejudice to, if applicable, the relevant rules of international law, any person regarding whom proceedings are being carried out in connection with the Convention or this Protocol shall be guaranteed fair treatment and a fair trial in accordance with domestic law and international law at all stages of the proceedings, and in no cases shall be provided guarantees less favourable to such person than those provided by international law.

Article . Extradition 1. The oﬀences set forth in Article 15, sub-paragraphs 1(a) to (c), shall be deemed to be included as extraditable oﬀences in any extradition treaty existing between any of the Parties before the entry into force of this Protocol. Parties undertake to include such oﬀences in every extradition treaty to be subsequently concluded between them. 2. When a Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it has no extradition treaty, the requested Party may, at its option, consider the present Protocol as the legal basis for extradition in respect of oﬀences as set forth in Article 15, sub-paragraphs 1(a) to (c). 3. Parties which do not make extradition conditional on the existence of a treaty shall recognize the oﬀences set forth in Article 15, sub-paragraphs 1(a) to (c), as extraditable oﬀences between them, subject to the conditions provided by the law of the requested Party. 4. If necessary, oﬀences set forth in Article 15, sub-paragraphs 1(a) to (c), shall be treated, for the purposes of extradition between Parties, as if they had been committed not only in the place in which they occurred but also in the territory of the Parties that have established jurisdiction in accordance with Article 16, paragraph 1.

Article . Mutual legal assistance 1. Parties shall aﬀord one another the greatest measure of assistance in connection with investigations or criminal or extradition proceedings brought in respect of the oﬀences set forth in Article 15, including assistance in obtaining evidence at their disposal necessary for the proceedings. 2. Parties shall carry out their obligations under paragraph 1 in conformity with any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or arrangements, Parties shall aﬀord one another assistance in accordance with their domestic law.

270

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . Grounds for refusal 1. For the purpose of extradition, oﬀences set forth in Article 15, sub-paragraphs 1(a) to (c), and for the purpose of mutual legal assistance, oﬀences set forth in Article 15 shall not be regarded as political oﬀences nor as oﬀences connected with political oﬀences nor as oﬀences inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance based on such oﬀences may not be refused on the sole ground that it concerns a political oﬀence or an oﬀence connected with a political oﬀence or an oﬀence inspired by political motives. 2. Nothing in this Protocol shall be interpreted as imposing an obligation to extradite or to aﬀord mutual legal assistance if the requested Party has substantial grounds for believing that the request for extradition for oﬀences set forth in Article 15, sub-paragraphs 1(a) to (c), or for mutual legal assistance with respect to oﬀences set forth in Article 15 has been made for the purpose of prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin or political opinion or that compliance with the request would cause prejudice to that person’s position for any of these reasons.

Article . Measures regarding other violations Without prejudice to Article 28 of the Convention, each Party shall adopt such legislative, administrative or disciplinary measures as may be necessary to suppress the following acts when committed intentionally: (a) any use of cultural property in violation of the Convention or this Protocol; (b) any illicit export, other removal or transfer of ownership of cultural property from occupied territory in violation of the Convention or this Protocol.

Chapter 5. The protection of cultural property in armed conﬂicts not of an international character Article . Armed conﬂ icts not of an international character 1. This Protocol shall apply in the event of an armed conﬂict not of an international character, occurring within the territory of one of the Parties. 2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature. 3. Nothing in this Protocol shall be invoked for the purpose of aﬀecting the sovereignty of a State or the responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State. 4. Nothing in this Protocol shall prejudice the primary jurisdiction of a Party in whose territory an armed conﬂict not of an international character occurs over the violations set forth in Article 15.

Conventions and Agreements of a Standard-setting Nature

271

5. Nothing in this Protocol shall be invoked as a justiﬁcation for intervening, directly or indirectly, for any reason whatever, in the armed conﬂict or in the internal or external aﬀairs of the Party in the territory of which that conﬂict occurs. 6. The application of this Protocol to the situation referred to in paragraph 1 shall not aﬀect the legal status of the parties to the conﬂict. 7. UNESCO may oﬀer its services to the parties to the conﬂict.

Chapter 6. Institutional issues Article . Meeting of the Parties 1. The Meeting of the Parties shall be convened at the same time as the General Conference of UNESCO, and in coordination with the Meeting of the High Contracting Parties, if such a meeting has been called by the Director-General. 2. The Meeting of the Parties shall adopt its Rules of Procedure. 3. The Meeting of the Parties shall have the following functions: (a) to elect the Members of the Committee, in accordance with Article 24, paragraph 1; (b) to endorse the Guidelines developed by the Committee, in accordance with Article 27, sub-paragraph 1(a); (c) to provide guidelines for, and to supervise the use of, the Fund by the Committee; (d) to consider the report submitted by the Committee, in accordance with Article 27, sub-paragraph 1(d); (e) to discuss any problem related to the application of this Protocol, and to make recommendations, as appropriate. 4. At the request of at least one-ﬁfth of the Parties, the Director-General shall convene an Extraordinary Meeting of the Parties.

Article . Committee for the Protection of Cultural Property in the Event of Armed Conﬂ ict 1. The Committee for the Protection of Cultural Property in the Event of Armed Conﬂict is hereby established. It shall be composed of twelve Parties which shall be elected by the Meeting of the Parties. 2. The Committee shall meet once a year in ordinary session and in extraordinary sessions whenever it deems necessary. 3. In determining membership of the Committee, Parties shall seek to ensure an equitable representation of the diﬀerent regions and cultures of the world.

272

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

4. Parties members of the Committee shall choose as their representatives persons qualiﬁed in the ﬁelds of cultural heritage, defence or international law, and they shall endeavour, in consultation with one another, to ensure that the Committee as a whole contains adequate expertise in all these ﬁelds.

Article . Term of oﬃce 1. A Party shall be elected to the Committee for four years and shall be eligible for immediate re-election only once. 2. Notwithstanding the provisions of paragraph 1, the term of oﬃce of half of the members chosen at the time of the ﬁrst election shall cease at the end of the ﬁrst ordinary session of the Meeting of the Parties following that at which they were elected. These members shall be chosen by lot by the President of this Meeting after the ﬁrst election.

Article . Rules of Procedure 1. The Committee shall adopt its Rules of Procedure. 2. A majority of the members shall constitute a quorum. Decisions of the Committee shall be taken by a majority of two-thirds of its members voting. 3. Members shall not participate in the voting on any decisions relating to cultural property aﬀected by an armed conﬂict to which they are parties.

Article . Functions 1. The Committee shall have the following functions: (a) to develop Guidelines for the implementation of this Protocol; (b) to grant, suspend or cancel enhanced protection for cultural property, and to establish, maintain and promote the List of Cultural Property under Enhanced Protection; (c) to monitor and supervise the implementation of this Protocol, and promote the identiﬁcation of cultural property under enhanced protection; (d) to consider and comment on reports of the Parties, to seek clariﬁcations as required, and prepare its own report on the implementation of this Protocol for the Meeting of the Parties; (e) to receive and consider requests for international assistance under Article 32; (f) to determine the use of the Fund; (g) to perform any other function which may be assigned to it by the Meeting of the Parties. 2. The functions of the Committee shall be performed in cooperation with the DirectorGeneral. 3. The Committee shall cooperate with international and national governmental and non-governmental organizations having objectives similar to those of the Convention, its First Protocol and this Protocol. To assist in the implementation of its functions,

Conventions and Agreements of a Standard-setting Nature

273

the Committee may invite to its meetings, in an advisory capacity, eminent professional organizations such as those which have formal relations with UNESCO, including the International Committee of the Blue Shield (ICBS) and its constituent bodies. Representatives of the International Centre for the Study of the Preservation and Restoration of Cultural Property (Rome Centre) (ICCROM) and of the International Committee of the Red Cross (ICRC) may also be invited to attend in an advisory capacity.

Article . Secretariat The Committee shall be assisted by the Secretariat of UNESCO, which shall prepare the Committee’s documentation and the agenda for its meetings and shall have the responsibility for the implementation of its decisions.

Article . The Fund for the Protection of Cultural Property in the Event of Armed Conﬂ ict 1. A Fund is hereby established for the following purposes: (a) to provide ﬁnancial or other assistance in support of preparatory or other measures to be taken in peacetime in accordance with, inter alia, Article 5, Article 10, subparagraph (b), and Article 30; and (b) to provide ﬁnancial or other assistance in relation to emergency, provisional or other measures to be taken in order to protect cultural property during periods of armed conﬂict or of immediate recovery after the end of hostilities in accordance with, inter alia, Article 8, sub-paragraph (a). 2. The Fund shall constitute a trust fund, in conformity with the provisions of the Financial Regulations of UNESCO. 3. Disbursements from the Fund shall be used only for such purposes as the Committee shall decide in accordance with the guidelines as deﬁned in Article 23, sub-paragraph 3(c). The Committee may accept contributions to be used only for a certain programme or project, provided that the Committee shall have decided on the implementation of such programme or project. 4. The resources of the Fund shall consist of: (a) voluntary contributions made by the Parties; (b) contributions, gifts or bequests made by: (i) other States, (ii) UNESCO or other organizations of the United Nations system, (iii) other intergovernmental or non-governmental organizations, and (iv) public or private bodies or individuals; (c) any interest accruing on the Fund; (d) funds raised by collections, and receipts from events organized for the beneﬁt of the Fund; and (e) all other resources authorized by the guidelines applicable to the Fund.

274

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Chapter 7. Dissemination of Information and International Assistance Article . Dissemination 1. The Parties shall endeavour by appropriate means, and in particular by educational and information programmes, to strengthen appreciation and respect for cultural property by their entire population. 2. The Parties shall disseminate this Protocol as widely as possible, both in time of peace and in time of armed conﬂict. 3. Any military or civilian authorities who, in time of armed conﬂict, assume responsibilities with respect to the application of this Protocol, shall be fully acquainted with the text thereof. To this end the Parties shall, as appropriate: (a) incorporate guidelines and instructions on the protection of cultural property in their military regulations; (b) develop and implement, in cooperation with UNESCO and relevant governmental and non-governmental organizations, peacetime training and educational programmes; (c) communicate to one another, through the Director-General, information on the laws, administrative provisions and measures taken under sub-paragraphs (a) and (b); (d) communicate to one another, as soon as possible, through the Director-General, the laws and administrative provisions which they may adopt to ensure the application of this Protocol.

Article . International cooperation In situations of serious violations of this Protocol, the Parties undertake to act, jointly through the Committee, or individually, in cooperation with UNESCO and the United Nations and in conformity with the Charter of the United Nations.

Article . International assistance 1. A Party may request from the Committee international assistance for cultural property under enhanced protection, as well as assistance with respect to the preparation, development or implementation of the laws, administrative provisions and measures referred to in Article 10. 2. A party to the conﬂict, which is not a Party to this Protocol but which accepts and applies provisions in accordance with Article 3, paragraph 2, may request appropriate international assistance from the Committee. 3. The Committee shall adopt rules for the submission of requests for international assistance and shall deﬁne the forms the international assistance may take.

Conventions and Agreements of a Standard-setting Nature

275

4. Parties are encouraged to give technical assistance of all kinds, through the Committee, to those Parties or parties to the conﬂict who request it.

Article . Assistance of UNESCO 1. A Party may call upon UNESCO for technical assistance in organizing the protection of its cultural property, such as preparatory action to safeguard cultural property, preventive and organizational measures for emergency situations and compilation of national inventories of cultural property, or in connection with any other problem arising out of the application of this Protocol. UNESCO shall accord such assistance within the limits ﬁxed by its programme and by its resources. 2. Parties are encouraged to provide technical assistance at bilateral or multilateral level. 3. UNESCO is authorized to make, on its own initiative, proposals on these matters to the Parties.

Chapter 8. Execution of this Protocol Article . Protecting Powers This Protocol shall be applied with the cooperation of the Protecting Powers responsible for safeguarding the interests of the Parties to the conﬂict.

Article . Conciliation procedure 1. The Protecting Powers shall lend their good oﬃces in all cases where they may deem it useful in the interests of cultural property, particularly if there is disagreement between the Parties to the conﬂict as to the application or interpretation of the provisions of this Protocol. 2. For this purpose, each of the Protecting Powers may, either at the invitation of one Party, of the Director-General, or on its own initiative, propose to the Parties to the conﬂict a meeting of their representatives, and in particular of the authorities responsible for the protection of cultural property, if considered appropriate, on the territory of a State not party to the conﬂict. The Parties to the conﬂict shall be bound to give eﬀect to the proposals for meeting made to them. The Protecting Powers shall propose for approval by the Parties to the conﬂict a person belonging to a State not party to the conﬂict or a person presented by the Director-General, which person shall be invited to take part in such a meeting in the capacity of Chairman.

Article . Conciliation in absence of Protecting Powers 1. In a conﬂict where no Protecting Powers are appointed, the Director-General may lend good oﬃces or act by any other form of conciliation or mediation, with a view to settling the disagreement.

276

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

2. At the invitation of one Party or of the Director-General, the Chairman of the Committee may propose to the Parties to the conﬂict a meeting of their representatives, and in particular of the authorities responsible for the protection of cultural property, if considered appropriate, on the territory of a State not party to the conﬂict.

Article . Translations and reports 1. The Parties shall translate this Protocol into their official languages and shall communicate these oﬃcial translations to the Director-General. 2. The Parties shall submit to the Committee, every four years, a report on the implementation of this Protocol.

Article . State responsibility No provision in this Protocol relating to individual criminal responsibility shall aﬀect the responsibility of States under international law, including the duty to provide reparation.

Chapter 9. Final clauses Article . Languages This Protocol is drawn up in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authentic.

Article . Signature This Protocol shall bear the date of 26 March 1999. It shall be opened for signature by all High Contracting Parties at The Hague from 17 May 1999 until 31 December 1999.

Article . Ratiﬁcation, acceptance or approval 1. This Protocol shall be subject to ratiﬁcation, acceptance or approval by High Contracting Parties which have signed this Protocol, in accordance with their respective constitutional procedures. 2. The instruments of ratiﬁcation, acceptance or approval shall be deposited with the Director-General.

Article . Accession 1. This Protocol shall be open for accession by other High Contracting Parties from 1 January 2000. 2. Accession shall be eﬀected by the deposit of an instrument of accession with the Director-General.

Conventions and Agreements of a Standard-setting Nature

277

Article . Entry into force 1. This Protocol shall enter into force three months after twenty instruments of ratiﬁcation, acceptance, approval or accession have been deposited. 2. Thereafter, it shall enter into force, for each Party, three months after the deposit of its instrument of ratiﬁcation, acceptance, approval or accession.

Article . Entry into force in situations of armed conﬂ ict The situations referred to in Articles 18 and 19 of the Convention shall give immediate eﬀect to ratiﬁcations, acceptances or approvals of, or accessions to, this Protocol deposited by the Parties to the conﬂict either before or after the beginning of hostilities or occupation. In such cases the Director-General shall transmit the communications referred to in Article 46 by the speediest method.

Article . Denunciation 1. Each Party may denounce this Protocol. 2. The denunciation shall be notiﬁed by an instrument in writing, deposited with the Director-General. 3. The denunciation shall take eﬀect one year after the receipt of the instrument of denunciation. However, if, on the expiry of this period, the denouncing Party is involved in an armed conﬂict, the denunciation shall not take eﬀect until the end of hostilities, or until the operations of repatriating cultural property are completed, whichever is the later.

Article . Notiﬁcations The Director-General shall inform all High Contracting Parties, as well as the United Nations, of the deposit of all the instruments of ratiﬁcation, acceptance, approval or accession provided for in Articles 41 and 42, and of denunciations provided for in Article 45.

Article . Registration with the United Nations In conformity with Article 102 of the Charter of the United Nations, this Protocol shall be registered with the Secretariat of the United Nations at the request of the DirectorGeneral. IN FAITH WHEREOF, the undersigned, duly authorized, have signed the present Protocol. Done at The Hague, this twenty-sixth day of March 1999, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization, and certiﬁed true copies of which shall be delivered to all the High Contracting Parties.

278

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Convention on the Protection of the Underwater Cultural Heritage adopted by the General Conference of UNESCO at its 31st session, Paris, 2 November 2001 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 15 October to 3 November 2001, at its thirty-ﬁrst session, Acknowledging the importance of underwater cultural heritage as an integral part of the cultural heritage of humanity and a particularly important element in the history of peoples, nations, and their relations with each other concerning their common heritage, Realizing the importance of protecting and preserving the underwater cultural heritage and that responsibility therefore rests with all States, Noting growing public interest in and public appreciation of underwater cultural heritage, Convinced of the importance of research, information and education to the protection and preservation of underwater cultural heritage, Convinced of the public’s right to enjoy the educational and recreational beneﬁts of responsible non-intrusive access to in situ underwater cultural heritage, and of the value of public education to contribute to awareness, appreciation and protection of that heritage, Aware of the fact that underwater cultural heritage is threatened by unauthorized activities directed at it, and of the need for stronger measures to prevent such activities, Conscious of the need to respond appropriately to the possible negative impact on underwater cultural heritage of legitimate activities that may incidentally aﬀect it, Deeply concerned by the increasing commercial exploitation of underwater cultural heritage, and in particular by certain activities aimed at the sale, acquisition or barter of underwater cultural heritage, Aware of the availability of advanced technology that enhances discovery of and access to underwater cultural heritage, Believing that cooperation among States, international organizations, scientiﬁc institutions, professional organizations, archaeologists, divers, other interested parties and the public at large is essential for the protection of underwater cultural heritage, Considering that survey, excavation and protection of underwater cultural heritage necessitate the availability and application of special scientiﬁc methods and the use of suitable * Not yet entered into force.

Conventions and Agreements of a Standard-setting Nature

279

techniques and equipment as well as a high degree of professional specialization, all of which indicate a need for uniform governing criteria, Realizing the need to codify and progressively develop rules relating to the protection and preservation of underwater cultural heritage in conformity with international law and practice, including the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 14 November 1970, the UNESCO Convention for the Protection of the World Cultural and Natural Heritage of 16 November 1972 and the United Nations Convention on the Law of the Sea of 10 December 1982, Committed to improving the eﬀectiveness of measures at international, regional and national levels for the preservation in situ or, if necessary for scientiﬁc or protective purposes, the careful recovery of underwater cultural heritage, Having decided at its twenty-ninth session that this question should be made the subject of an international convention, Adopts, this second day of November 2001, this Convention.

Article . Deﬁnitions For the purposes of this Convention: 1. (a)

(b) (c) 2. (a) (b)

‘Underwater cultural heritage’ means all traces of human existence having a cultural, historical or archaeological character which have been partially or totally under water, periodically or continuously, for at least 100 years, such as: (i) sites, structures, buildings, artefacts and human remains, together with their archaeological and natural context; (ii) vessels, aircraft, other vehicles or any part thereof, their cargo or other contents, together with their archaeological and natural context; and (iii) objects of prehistoric character. Pipelines and cables placed on the seabed shall not be considered as underwater cultural heritage. Installations other than pipelines and cables, placed on the seabed and still in use, shall not be considered as underwater cultural heritage. ‘States Parties’ means States which have consented to be bound by this Convention and for which this Convention is in force. This Convention applies, mutatis mutandis, to those territories referred to in Article 26, paragraph 2(b), which become Parties to this Convention in accordance with the conditions set out in that paragraph, and to that extent ‘States Parties’ refers to those territories.

3. ‘UNESCO’ means the United Nations Educational, Scientific and Cultural Organization. 4. ‘Director-General’ means the Director-General of UNESCO.

280

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

5. ‘Area’ means the seabed and ocean ﬂoor and subsoil thereof, beyond the limits of national jurisdiction. 6. ‘Activities directed at underwater cultural heritage’ means activities having underwater cultural heritage as their primary object and which may, directly or indirectly, physically disturb or otherwise damage underwater cultural heritage. 7. ‘Activities incidentally aﬀecting underwater cultural heritage’ means activities which, despite not having underwater cultural heritage as their primary object or one of their objects, may physically disturb or otherwise damage underwater cultural heritage. 8. ‘State vessels and aircraft’ means warships, and other vessels or aircraft that were owned or operated by a State and used, at the time of sinking, only for government non-commercial purposes, that are identiﬁed as such and that meet the deﬁnition of underwater cultural heritage. 9. ‘Rules’ means the Rules concerning activities directed at underwater cultural heritage, as referred to in Article 33 of this Convention.

Article . Objectives and general principles 1. This Convention aims to ensure and strengthen the protection of underwater cultural heritage. 2. States Parties shall cooperate in the protection of underwater cultural heritage. 3. States Parties shall preserve underwater cultural heritage for the beneﬁt of humanity in conformity with the provisions of this Convention. 4. States Parties shall, individually or jointly as appropriate, take all appropriate measures in conformity with this Convention and with international law that are necessary to protect underwater cultural heritage, using for this purpose the best practicable means at their disposal and in accordance with their capabilities. 5. The preservation in situ of underwater cultural heritage shall be considered as the ﬁrst option before allowing or engaging in any activities directed at this heritage. 6. Recovered underwater cultural heritage shall be deposited, conserved and managed in a manner that ensures its long-term preservation. 7. Underwater cultural heritage shall not be commercially exploited. 8. Consistent with State practice and international law, including the United Nations Convention on the Law of the Sea, nothing in this Convention shall be interpreted as modifying the rules of international law and State practice pertaining to sovereign immunities, nor any State’s rights with respect to its State vessels and aircraft. 9. States Parties shall ensure that proper respect is given to all human remains located in maritime waters. 10. Responsible non-intrusive access to observe or document in situ underwater cultural heritage shall be encouraged to create public awareness, appreciation, and protection

Conventions and Agreements of a Standard-setting Nature

281

of the heritage except where such access is incompatible with its protection and management. 11. No act or activity undertaken on the basis of this Convention shall constitute grounds for claiming, contending or disputing any claim to national sovereignty or jurisdiction.

Article . Relationship between this Convention and the United Nations Convention on the Law of the Sea Nothing in this Convention shall prejudice the rights, jurisdiction and duties of States under international law, including the United Nations Convention on the Law of the Sea. This Convention shall be interpreted and applied in the context of and in a manner consistent with international law, including the United Nations Convention on the Law of the Sea.

Article . Relationship to law of salvage and law of ﬁnds Any activity relating to underwater cultural heritage to which this Convention applies shall not be subject to the law of salvage or law of ﬁnds, unless it: (a) is authorized by the competent authorities, and (b) is in full conformity with this Convention, and (c) ensures that any recovery of the underwater cultural heritage achieves its maximum protection.

Article . Activities incidentally aﬀecting underwater cultural heritage Each State Party shall use the best practicable means at its disposal to prevent or mitigate any adverse eﬀects that might arise from activities under its jurisdiction incidentally aﬀecting underwater cultural heritage.

Article . Bilateral, regional or other multilateral agreements 1. States Parties are encouraged to enter into bilateral, regional or other multilateral agreements or develop existing agreements, for the preservation of underwater cultural heritage. All such agreements shall be in full conformity with the provisions of this Convention and shall not dilute its universal character. States may, in such agreements, adopt rules and regulations which would ensure better protection of underwater cultural heritage than those adopted in this Convention. 2. The Parties to such bilateral, regional or other multilateral agreements may invite States with a veriﬁable link, especially a cultural, historical or archaeological link, to the underwater cultural heritage concerned to join such agreements.

282

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

3. This Convention shall not alter the rights and obligations of States Parties regarding the protection of sunken vessels, arising from other bilateral, regional or other multilateral agreements concluded before its adoption, and, in particular, those that are in conformity with the purposes of this Convention.

Article . Underwater cultural heritage in internal waters, archipelagic waters and territorial sea 1. States Parties, in the exercise of their sovereignty, have the exclusive right to regulate and authorize activities directed at underwater cultural heritage in their internal waters, archipelagic waters and territorial sea. 2. Without prejudice to other international agreements and rules of international law regarding the protection of underwater cultural heritage, States Parties shall require that the Rules be applied to activities directed at underwater cultural heritage in their internal waters, archipelagic waters and territorial sea. 3. Within their archipelagic waters and territorial sea, in the exercise of their sovereignty and in recognition of general practice among States, States Parties, with a view to cooperating on the best methods of protecting State vessels and aircraft, should inform the ﬂag State Party to this Convention and, if applicable, other States with a veriﬁable link, especially a cultural, historical or archaeological link, with respect to the discovery of such identiﬁable State vessels and aircraft.

Article . Underwater cultural heritage in the contiguous zone Without prejudice to and in addition to Articles 9 and 10, and in accordance with Article 303, paragraph 2, of the United Nations Convention on the Law of the Sea, States Parties may regulate and authorize activities directed at underwater cultural heritage within their contiguous zone. In so doing, they shall require that the Rules be applied.

Article . Reporting and notiﬁcation in the exclusive economic zone and on the continental shelf 1. All States Parties have a responsibility to protect underwater cultural heritage in the exclusive economic zone and on the continental shelf in conformity with this Convention. Accordingly: (a) a State Party shall require that when its national, or a vessel ﬂying its ﬂag, discovers or intends to engage in activities directed at underwater cultural heritage located in its exclusive economic zone or on its continental shelf, the national or the master of the vessel shall report such discovery or activity to it; (b) in the exclusive economic zone or on the continental shelf of another State Party:

Conventions and Agreements of a Standard-setting Nature

283

(i)

States Parties shall require the national or the master of the vessel to report such discovery or activity to them and to that other State Party; (ii) alternatively, a State Party shall require the national or master of the vessel to report such discovery or activity to it and shall ensure the rapid and eﬀective transmission of such reports to all other States Parties. 2. On depositing its instrument of ratiﬁcation, acceptance, approval or accession, a State Party shall declare the manner in which reports will be transmitted under paragraph 1(b) of this Article. 3. A State Party shall notify the Director-General of discoveries or activities reported to it under paragraph 1 of this Article. 4. The Director-General shall promptly make available to all States Parties any information notiﬁed to him under paragraph 3 of this Article. 5. Any State Party may declare to the State Party in whose exclusive economic zone or on whose continental shelf the underwater cultural heritage is located its interest in being consulted on how to ensure the eﬀective protection of that underwater cultural heritage. Such declaration shall be based on a veriﬁable link, especially a cultural, historical or archaeological link, to the underwater cultural heritage concerned.

Article . Protection of underwater cultural heritage in the exclusive economic zone and on the continental shelf 1. No authorization shall be granted for an activity directed at underwater cultural heritage located in the exclusive economic zone or on the continental shelf except in conformity with the provisions of this Article. 2. A State Party in whose exclusive economic zone or on whose continental shelf underwater cultural heritage is located has the right to prohibit or authorize any activity directed at such heritage to prevent interference with its sovereign rights or jurisdiction as provided for by international law including the United Nations Convention on the Law of the Sea. 3. Where there is a discovery of underwater cultural heritage or it is intended that activity shall be directed at underwater cultural heritage in a State Party’s exclusive economic zone or on its continental shelf, that State Party shall: (a) consult all other States Parties which have declared an interest under Article 9, paragraph 5, on how best to protect the underwater cultural heritage; (b) coordinate such consultations as ‘Coordinating State’, unless it expressly declares that it does not wish to do so, in which case the States Parties which have declared an interest under Article 9, paragraph 5, shall appoint a Coordinating State. 4. Without prejudice to the duty of all States Parties to protect underwater cultural heritage by way of all practicable measures taken in accordance with international law to prevent immediate danger to the underwater cultural heritage, including looting,

284

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

the Coordinating State may take all practicable measures, and/or issue any necessary authorizations in conformity with this Convention and, if necessary, prior to consultations, to prevent any immediate danger to the underwater cultural heritage, whether arising from human activities or any other cause, including looting. In taking such measures assistance may be requested from other States Parties. 5. The Coordinating State: (a) shall implement measures of protection which have been agreed by the consulting States, which include the Coordinating State, unless the consulting States, which include the Coordinating State, agree that another State Party shall implement those measures; (b) shall issue all necessary authorizations for such agreed measures in conformity with the Rules, unless the consulting States, which include the Coordinating State, agree that another State Party shall issue those authorizations; (c) may conduct any necessary preliminary research on the underwater cultural heritage and shall issue all necessary authorizations therefor, and shall promptly inform the Director-General of the results, who in turn will make such information promptly available to other States Parties. 6. In coordinating consultations, taking measures, conducting preliminary research and/or issuing authorizations pursuant to this Article, the Coordinating State shall act on behalf of the States Parties as a whole and not in its own interest. Any such action shall not in itself constitute a basis for the assertion of any preferential or jurisdictional rights not provided for in international law, including the United Nations Convention on the Law of the Sea. 7. Subject to the provisions of paragraphs 2 and 4 of this Article, no activity directed at State vessels and aircraft shall be conducted without the agreement of the ﬂag State and the collaboration of the Coordinating State.

Article . Reporting and notiﬁcation in the Area 1. States Parties have a responsibility to protect underwater cultural heritage in the Area in conformity with this Convention and Article 149 of the United Nations Convention on the Law of the Sea. Accordingly, when a national, or a vessel ﬂying the ﬂag of a State Party, discovers or intends to engage in activities directed at underwater cultural heritage located in the Area, that State Party shall require its national, or the master of the vessel, to report such discovery or activity to it. 2. States Parties shall notify the Director-General and the Secretary-General of the International Seabed Authority of such discoveries or activities reported to them. 3. The Director-General shall promptly make available to all States Parties any such information supplied by States Parties. 4. Any State Party may declare to the Director-General its interest in being consulted on how to ensure the eﬀective protection of that underwater cultural heritage. Such declaration shall be based on a veriﬁable link to the underwater cultural heritage concerned, particular regard being paid to the preferential rights of States of cultural, historical or archaeological origin.

Conventions and Agreements of a Standard-setting Nature

285

Article . Protection of underwater cultural heritage in the Area 1. No authorization shall be granted for any activity directed at underwater cultural heritage located in the Area except in conformity with the provisions of this Article. 2. The Director-General shall invite all States Parties which have declared an interest under Article 11, paragraph 4, to consult on how best to protect the underwater cultural heritage, and to appoint a State Party to coordinate such consultations as the ‘Coordinating State’. The Director-General shall also invite the International Seabed Authority to participate in such consultations. 3. All States Parties may take all practicable measures in conformity with this Convention, if necessary, prior to consultations, to prevent any immediate danger to the underwater cultural heritage, whether arising from human activity or any other cause including looting. 4. The Coordinating State shall: (a) implement measures of protection which have been agreed by the consulting States, which include the Coordinating State, unless the consulting States, which include the Coordinating State, agree that another State Party shall implement those measures; and (b) issue all necessary authorizations for such agreed measures, in conformity with this Convention, unless the consulting States, which include the Coordinating State, agree that another State Party shall issue those authorizations. 5. The Coordinating State may conduct any necessary preliminary research on the underwater cultural heritage and shall issue all necessary authorizations therefor, and shall promptly inform the Director-General of the results, who in turn shall make such information available to other States Parties. 6. In coordinating consultations, taking measures, conducting preliminary research, and/or issuing authorizations pursuant to this Article, the Coordinating State shall act for the beneﬁt of humanity as a whole, on behalf of all States Parties. Particular regard shall be paid to the preferential rights of States of cultural, historical or archaeological origin in respect of the underwater cultural heritage concerned. 7. No State Party shall undertake or authorize activities directed at State vessels and aircraft in the Area without the consent of the ﬂag State.

Article . Sovereign immunity Warships and other government ships or military aircraft with sovereign immunity, operated for non-commercial purposes, undertaking their normal mode of operations, and not engaged in activities directed at underwater cultural heritage, shall not be obliged to report discoveries of underwater cultural heritage under Articles 9, 10, 11 and 12 of this Convention. However States Parties shall ensure, by the adoption of appropriate measures not impairing the operations or operational capabilities of their warships or other government ships or military aircraft with sovereign immunity operated for non-commercial

286

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

purposes, that they comply, as far as is reasonable and practicable, with Articles 9, 10, 11 and 12 of this Convention.

Article . Control of entry into the territory, dealing and possession States Parties shall take measures to prevent the entry into their territory, the dealing in, or the possession of, underwater cultural heritage illicitly exported and/or recovered, where recovery was contrary to this Convention.

Article . Non-use of areas under the jurisdiction of States Parties States Parties shall take measures to prohibit the use of their territory of, including their maritime ports, as well as artiﬁcial islands, installations and structures under their exclusive jurisdiction or control, in support of any activity directed at underwater cultural heritage which is not in conformity with this Convention.

Article . Measures relating to nationals and vessels States Parties shall take all practicable measures to ensure that their nationals and vessels ﬂying their ﬂag do not engage in any activity directed at underwater cultural heritage in a manner not in conformity with this Convention.

Article . Sanctions 1. Each State Party shall impose sanctions for violations of measures it has taken to implement this Convention. 2. Sanctions applicable in respect of violations shall be adequate in severity to be eﬀective in securing compliance with this Convention and to discourage violations wherever they occur and shall deprive oﬀenders of the beneﬁt deriving from their illegal activities. 3. States Parties shall cooperate to ensure enforcement of sanctions imposed under this Article.

Article . Seizure and disposition of underwater cultural heritage 1. Each State Party shall take measures providing for the seizure of underwater cultural heritage in its territory that has been recovered in a manner not in conformity with this Convention. 2. Each State Party shall record, protect and take all reasonable measures to stabilize underwater cultural heritage seized under this Convention. 3. Each State Party shall notify the Director-General and any other State with a veriﬁable link, especially a cultural, historical or archaeological link, to the underwater cultural heritage

Conventions and Agreements of a Standard-setting Nature

287

concerned of any seizure of underwater cultural heritage that it has made under this Convention. 4. A State Party which has seized underwater cultural heritage shall ensure that its disposition be for the public beneﬁt, taking into account: the need for conservation and research; the need for reassembly of a dispersed collection; the need for public access, exhibition and education; and the interests of any State with a veriﬁable link, especially a cultural, historical or archaeological link, in respect of the underwater cultural heritage concerned.

Article . Cooperation and information-sharing 1. States Parties shall cooperate and assist each other in the protection and management of underwater cultural heritage under this Convention, including, where practicable, collaborating in the investigation, excavation, documentation, conservation, study and presentation of such heritage. 2. To the extent compatible with the purposes of this Convention, each State Party undertakes to share information with other States Parties concerning underwater cultural heritage, including discovery of heritage, location of heritage, heritage excavated or recovered contrary to this Convention or otherwise in violation of international law, pertinent scientiﬁc methodology and technology, and legal developments relating to such heritage. 3. Information shared between States Parties, or between UNESCO and States Parties, regarding the discovery or location of underwater cultural heritage shall, to the extent compatible with their national legislation, be kept conﬁdential and reserved to competent authorities of States Parties as long as the disclosure of such information might endanger or otherwise put at risk the preservation of such underwater cultural heritage. 4. Each State Party shall take all practicable measures to disseminate information, including where feasible through appropriate international databases, about underwater cultural heritage excavated or recovered contrary to this Convention or otherwise in violation of international law.

Article . Public awareness Each State Party shall take all practicable measures to raise public awareness regarding the value and signiﬁcance of underwater cultural heritage and the importance of protecting it under this Convention.

Article . Training in underwater archaeology States Parties shall cooperate in the provision of training in underwater archaeology, in techniques for the conservation of underwater cultural heritage and, on agreed terms, in the transfer of technology relating to underwater cultural heritage.

288

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . Competent authorities 1. In order to ensure the proper implementation of this Convention, States Parties shall establish competent authorities or reinforce the existing ones where appropriate, with the aim of providing for the establishment, maintenance and updating of an inventory of underwater cultural heritage, the eﬀective protection, conservation, presentation and management of underwater cultural heritage, as well as research and education. 2. States Parties shall communicate to the Director-General the names and addresses of their competent authorities relating to underwater cultural heritage.

Article . Meetings of States Parties 1. The Director-General shall convene a Meeting of States Parties within one year of the entry into force of this Convention and thereafter at least once every two years. At the request of a majority of States Parties, the Director-General shall convene an Extraordinary Meeting of States Parties. 2. The Meeting of States Parties shall decide on its functions and responsibilities. 3. The Meeting of States Parties shall adopt its own Rules of Procedure. 4. The Meeting of States Parties may establish a Scientiﬁc and Technical Advisory Body composed of experts nominated by the States Parties with due regard to the principle of equitable geographical distribution and the desirability of a gender balance. 5. The Scientiﬁc and Technical Advisory Body shall appropriately assist the Meeting of States Parties in questions of a scientiﬁc or technical nature regarding the implementation of the Rules.

Article . Secretariat for this Convention 1. The Director-General shall be responsible for the functions of the secretariat for this Convention. 2. The duties of the secretariat shall include: (a) organizing Meetings of States Parties as provided for in Article 23, paragraph 1; and (b) assisting States Parties in implementing the decisions of the Meetings of States Parties.

Article . Peaceful settlement of disputes 1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention shall be subject to negotiations in good faith or other peaceful means of settlement of their own choice. 2. If those negotiations do not settle the dispute within a reasonable period of time, it may be submitted to UNESCO for mediation, by agreement between the States Parties concerned.

Conventions and Agreements of a Standard-setting Nature

289

3. If mediation is not undertaken or if there is no settlement by mediation, the provisions relating to the settlement of disputes set out in Part XV of the United Nations Convention on the Law of the Sea apply, mutatis mutandis, to any dispute between States Parties to this Convention concerning the interpretation or application of this Convention, whether or not they are also parties to the United Nations Convention on the Law of the Sea. 4. Any procedure chosen by a State Party to this Convention and to the United Nations Convention on the Law of the Sea pursuant to Article 287 of the latter shall apply to the settlement of disputes under this Article, unless that State Party, when ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, chooses another procedure pursuant to Article 287 for the purpose of the settlement of disputes arising out of this Convention. 5. A State Party to this Convention which is not a party to the United Nations Convention on the Law of the Sea, when ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, shall be free to choose, by means of a written declaration, one or more of the means set out in Article 287, paragraph 1, of the United Nations Convention on the Law of the Sea for the purpose of settlement of disputes under this Article. Article 287 shall apply to such a declaration, as well as to any dispute to which such State is party, which is not covered by a declaration in force. For the purpose of conciliation and arbitration, in accordance with Annexes V and VII of the United Nations Convention on the Law of the Sea, such State shall be entitled to nominate conciliators and arbitrators to be included in the lists referred to in Annex V, Article 2, and Annex VII, Article 2, for the settlement of disputes arising out of this Convention.

Article . Ratiﬁcation, acceptance, approval or accession 1. This Convention shall be subject to ratiﬁcation, acceptance or approval by Member States of UNESCO. 2. This Convention shall be subject to accession: (a) by States that are not members of UNESCO but are members of the United Nations or of a Specialized Agency within the United Nations system or of the International Atomic Energy Agency, as well as by States Parties to the Statute of the International Court of Justice and any other State invited to accede to this Convention by the General Conference of UNESCO; (b) by territories which enjoy full internal self-government, recognized as such by the United Nations, but 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 those matters. 3. The instruments of ratiﬁcation, acceptance, approval or accession shall be deposited with the Director-General.

290

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . Entry into force This Convention shall enter into force three months after the date of the deposit of the twentieth instrument referred to in Article 26, but solely with respect to the twenty States or territories that have so deposited their instruments. It shall enter into force for each other State or territory three months after the date on which that State or territory has deposited its instrument.

Article . Declaration as to inland waters When ratifying, accepting, approving or acceding to this Convention or at any time thereafter, any State or territory may declare that the Rules shall apply to inland waters not of a maritime character.

Article . Limitations to geographical scope At the time of ratifying, accepting, approving or acceding to this Convention, a State or territory may make a declaration to the depositary that this Convention shall not be applicable to speciﬁc parts of its territory, internal waters, archipelagic waters or territorial sea, and shall identify therein the reasons for such declaration. Such State shall, to the extent practicable and as quickly as possible, promote conditions under which this Convention will apply to the areas speciﬁed in its declaration, and to that end shall also withdraw its declaration in whole or in part as soon as that has been achieved.

Article . Reservations With the exception of Article 29, no reservations may be made to this Convention.

Article . Amendments 1. A State Party may, by written communication addressed to the Director-General, propose amendments to this Convention. The Director-General shall circulate such communication to all States Parties. If, within six months from the date of the circulation of the communication, not less than one-half of the States Parties reply favourably to the request, the Director-General shall present such proposal to the next Meeting of States Parties for discussion and possible adoption. 2. Amendments shall be adopted by a two-thirds majority of States Parties present and voting. 3. Once adopted, amendments to this Convention shall be subject to ratification, acceptance, approval or accession by the States Parties. 4. Amendments shall enter into force, but solely with respect to the States Parties that have ratiﬁed, accepted, approved or acceded to them, three months after the deposit of the instruments referred to in paragraph 3 of this Article by two-thirds of the States Parties. Thereafter, for each State or territory that ratiﬁes, accepts, approves or accedes to it, the

Conventions and Agreements of a Standard-setting Nature

291

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. A State or territory 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 by that State or territory, be considered: (a) as a Party to this Convention as so amended, and (b) as a Party to the unamended Convention in relation to any State Party not bound by the amendment.

Article . Denunciation 1. A State Party may, by written notiﬁcation addressed to the Director-General, denounce this Convention. 2. The denunciation shall take eﬀect twelve months after the date of receipt of the notiﬁcation, unless the notiﬁcation speciﬁes a later date. 3. The denunciation shall not in any way aﬀect the duty of any State Party to fulﬁl any obligation embodied in this Convention to which it would be subject under international law independently of this Convention.

Article . The Rules The Rules annexed to this Convention form an integral part of it and, unless expressly provided otherwise, a reference to this Convention includes a reference to the Rules.

Article . Registration with the United Nations 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.

Article . Authoritative texts This Convention has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authoritative.

Annex. Rules concerning activities directed at underwater cultural heritage I. General principles Rule 1. The protection of underwater cultural heritage through in situ preservation shall be considered as the ﬁrst option. Accordingly, activities directed at underwater cultural heritage shall be authorized in a manner consistent with the protection of that heritage, and subject to that requirement may be authorized for the purpose of making a signiﬁcant contribution to protection or knowledge or enhancement of underwater cultural heritage.

292 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Rule 2. The commercial exploitation of underwater cultural heritage for trade or speculation or its irretrievable dispersal is fundamentally incompatible with the protection and proper management of underwater cultural heritage. Underwater cultural heritage shall not be traded, sold, bought or bartered as commercial goods. This Rule cannot be interpreted as preventing: (a) the provision of professional archaeological services or necessary services incidental thereto whose nature and purpose are in full conformity with this Convention and are subject to the authorization of the competent authorities; (b) the deposition of underwater cultural heritage, recovered in the course of a research project in conformity with this Convention, provided such deposition: does not prejudice the scientiﬁc or cultural interest or integrity of the recovered material or result in its irretrievable dispersal; is in accordance with the provisions of Rules 33 and 34; and is subject to the authorization of the competent authorities. Rule 3. Activities directed at underwater cultural heritage shall not adversely aﬀect the underwater cultural heritage more than is necessary for the objectives of the project. Rule 4. Activities directed at underwater cultural heritage must use non-destructive techniques and survey methods in preference to recovery of objects. If excavation or recovery is necessary for the purpose of scientiﬁc studies or for the ultimate protection of the underwater cultural heritage, the methods and techniques used must be as non-destructive as possible and contribute to the preservation of the remains. Rule 5. Activities directed at underwater cultural heritage shall avoid the unnecessary disturbance of human remains or venerated sites. Rule 6. Activities directed at underwater cultural heritage shall be strictly regulated to ensure proper recording of cultural, historical and archaeological information. Rule 7. Public access to in situ underwater cultural heritage shall be promoted, except where such access is incompatible with protection and management. Rule 8. International cooperation in the conduct of activities directed at underwater cultural heritage shall be encouraged in order to further the eﬀective exchange or use of archaeologists and other relevant professionals.

II. Project design Rule 9. Prior to any activity directed at underwater cultural heritage, a project design for the activity shall be developed and submitted to the competent authorities for authorization and appropriate peer review. Rule 10. (a) (b) (c) (d)

The project design shall include: an evaluation of previous or preliminary studies; the project statement and objectives; the methodology to be used and the techniques to be employed; the anticipated funding;

Conventions and Agreements of a Standard-setting Nature

293

(e) (f)

an expected timetable for completion of the project; the composition of the team and the qualiﬁcations, responsibilities and experience of each team member; (g) plans for post-ﬁeldwork analysis and other activities; (h) a conservation programme for artefacts and the site, in close cooperation with the competent authorities; (i) a site management and maintenance policy for the whole duration of the project; (j) a documentation programme; (k) a safety policy; (l) an environmental policy; (m) arrangements for collaboration with museums and other institutions, in particular scientiﬁc institutions; (n) report preparation; (o) deposition of archives, including underwater cultural heritage removed; and (p) a programme for publication.

Rule 11. Activities directed at underwater cultural heritage shall be carried out in accordance with the project design approved by the competent authorities. Rule 12. Where unexpected discoveries are made or circumstances change, the project design shall be reviewed and amended with the approval of the competent authorities. Rule 13. In cases of urgency or chance discoveries, activities directed at the underwater cultural heritage, including conservation measures or activities for a period of short duration, in particular site stabilization, may be authorized in the absence of a project design in order to protect the underwater cultural heritage.

III. Preliminary work Rule 14. The preliminary work referred to in Rule 10(a) shall include an assessment that evaluates the signiﬁcance and the vulnerability of the underwater cultural heritage and the surrounding natural environment to damage by the proposed project, and the potential to obtain data that would meet the project objectives. Rule 15. The assessment shall also include background studies of available historical and archaeological evidence, the archaeological and environmental characteristics of the site, and the consequences of any potential intrusion for the long-term stability of the underwater cultural heritage aﬀected by the activities.

IV. Project objective, methodology and techniques Rule 16. The methodology shall comply with the project objectives, and the techniques employed shall be as non-intrusive as possible.

294 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

V. Funding Rule 17. Except in cases of emergency to protect underwater cultural heritage, an adequate funding base shall be assured in advance of any activity, suﬃcient to complete all stages of the project design, including conservation, documentation and curation of recovered artefacts, and report preparation and dissemination. Rule 18. The project design shall demonstrate an ability, such as by securing a bond, to fund the project through to completion. Rule 19. The project design shall include a contingency plan that will ensure conservation of underwater cultural heritage and supporting documentation in the event of any interruption of anticipated funding.

VI. Project duration, timetable Rule 20. An adequate timetable shall be developed to assure in advance of any activity directed at underwater cultural heritage the completion of all stages of the project design, including conservation, documentation and curation of recovered underwater cultural heritage, as well as report preparation and dissemination. Rule 21. The project design shall include a contingency plan that will ensure conservation of underwater cultural heritage and supporting documentation in the event of any interruption or termination of the project.

VII. Competence and qualiﬁcations Rule 22. Activities directed at underwater cultural heritage shall only be undertaken under the direction and control of, and in the regular presence of, a qualiﬁed underwater archaeologist with scientiﬁc competence appropriate to the project. Rule 23. All persons on the project team shall be qualiﬁed and have demonstrated competence appropriate to their roles in the project.

VIII. Conservation and site management Rule 24. The conservation programme shall provide for the treatment of the archaeological remains during the activities directed at underwater cultural heritage, during transit and in the long term. Conservation shall be carried out in accordance with current professional standards. Rule 25. The site management programme shall provide for the protection and management in situ of underwater cultural heritage, in the course of and upon termination of ﬁeldwork. The programme shall include public information, reasonable provision for site stabilization, monitoring, and protection against interference.

Conventions and Agreements of a Standard-setting Nature

295

IX. Documentation Rule 26. The documentation programme shall set out thorough documentation, including a progress report of activities directed at underwater cultural heritage, in accordance with current professional standards of archaeological documentation. Rule 27. Documentation shall include, at a minimum, a comprehensive record of the site, including the provenance of underwater cultural heritage moved or removed in the course of the activities directed at underwater cultural heritage, ﬁeld notes, plans, drawings, sections, and photographs or recording in other media.

X. Safety Rule 28. A safety policy shall be prepared that is adequate to ensure the safety and health of the project team and third parties and that is in conformity with any applicable statutory and professional requirements.

XI. Environment Rule 29. An environmental policy shall be prepared that is adequate to ensure that the seabed and marine life are not unduly disturbed.

XII. Reporting Rule 30. Interim and ﬁnal reports shall be made available according to the timetable set out in the project design, and deposited in relevant public records. Rule 31. (a) (b) (c) (d) (e) (f)

Reports shall include: an account of the objectives; an account of the methods and techniques employed; an account of the results achieved; basic graphic and photographic documentation on all phases of the activity; recommendations concerning conservation and curation of the site, and of any underwater cultural heritage removed; and recommendations for future activities.

XIII. Curation of project archives Rule 32. Arrangements for curation of the project archives shall be agreed to before any activity commences, and shall be set out in the project design. Rule 33. The project archives, including any underwater cultural heritage removed and a copy of all supporting documentation shall, as far as possible, be kept together and intact as a collection in a manner that is available for professional and public access as well as for the curation of the archives. This should be done as rapidly as possible and in any case not later than ten years from the completion of the project, in so far as may be compatible with conservation of the underwater cultural heritage.

296

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Rule 34. The project archives shall be managed according to international professional standards, and subject to the authorization of the competent authorities.

XIV. Dissemination Rule 35. Projects shall provide for public education and popular presentation of the project results where appropriate. Rule 36. A ﬁnal synthesis of a project shall be: (a) made public as soon as possible, having regard to the complexity of the project and the conﬁdential or sensitive nature of the information; and (b) deposited in relevant public records. Done in Paris, this sixth day of November 2001, in two authentic copies bearing the signature of the President of the thirty-ﬁrst session of the General Conference and of the Director-General of the United Nations Educational, Scientiﬁc and Cultural Organization, which shall be deposited in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization and certiﬁed true copies of which shall be delivered to all the States and territories referred to in Article 26 as well as to the United Nations. IN WITNESS WHEREOF, we have appended our signatures this sixth day of November 2001.

Conventions and Agreements of a Standard-setting Nature

297

Convention on the Safeguarding of the Intangible Cultural Heritage adopted by the General Conference of UNESCO at its 32nd session, Paris, 17 October 2003 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, hereinafter referred to as UNESCO, meeting in Paris, from 29 September to 17 October 2003, at its thirty-second session, Referring to existing international human rights instruments, in particular to the Universal Declaration on Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, and the International Covenant on Civil and Political Rights of 1966, Considering the importance of the intangible cultural heritage as a mainspring of cultural diversity and a guarantee of sustainable development, as underscored in the UNESCO Recommendation on the Safeguarding of Traditional Culture and Folklore of 1989, in the UNESCO Universal Declaration on Cultural Diversity of 2001, and in the Istanbul Declaration of 2002 adopted by the Third Round Table of Ministers of Culture, Considering the deep-seated interdependence between the intangible cultural heritage and the tangible cultural and natural heritage, Recognizing that the processes of globalization and social transformation, alongside the conditions they create for renewed dialogue among communities, also give rise, as does the phenomenon of intolerance, to grave threats of deterioration, disappearance and destruction of the intangible cultural heritage, in particular owing to a lack of resources for safeguarding such heritage, Being aware of the universal will and the common concern to safeguard the intangible cultural heritage of humanity, Recognizing that communities, in particular indigenous communities, groups and, in some cases, individuals, play an important role in the production, safeguarding, maintenance and recreation of the intangible cultural heritage, thus helping to enrich cultural diversity and human creativity, Noting the far-reaching impact of the activities of UNESCO in establishing normative instruments for the protection of the cultural heritage, in particular the Convention for the Protection of the World Cultural and Natural Heritage of 1972, Noting further that no binding multilateral instrument as yet exists for the safeguarding of the intangible cultural heritage, Considering that existing international agreements, recommendations and resolutions concerning the cultural and natural heritage need to be eﬀectively enriched and supplemented by means of new provisions relating to the intangible cultural heritage,

298

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Considering the need to build greater awareness, especially among the younger generations, of the importance of the intangible cultural heritage and of its safeguarding, Considering that the international community should contribute, together with the States Parties to this Convention, to the safeguarding of such heritage in a spirit of cooperation and mutual assistance, Recalling UNESCO’s programmes relating to the intangible cultural heritage, in particular the Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity, Considering the invaluable role of the intangible cultural heritage as a factor in bringing human beings closer together and ensuring exchange and understanding among them, Adopts this Convention on this seventeenth day of October 2003.

I. General provisions Article . Purposes of the Convention The purposes of this Convention are: (a) to safeguard the intangible cultural heritage; (b) to ensure respect for the intangible cultural heritage of the communities, groups and individuals concerned; (c) to raise awareness at the local, national and international levels of the importance of the intangible cultural heritage, and of ensuring mutual appreciation thereof; (d) to provide for international cooperation and assistance.

Article . Deﬁnitions For the purposes of this Convention, 1. The ‘intangible cultural heritage’ means: the practices, representations, expressions, knowledge, skills, as well as the instruments, objects, artefacts and cultural spaces associated therewith, that communities, groups and, in some cases, individuals recognize as part of their cultural heritage. This intangible cultural heritage, transmitted from generation to generation, is constantly recreated by communities and groups in response to their environment, their interaction with nature and their history, and provides them with a sense of identity and continuity, thus promoting respect for cultural diversity and human creativity. For the purposes of this Convention, consideration will be given solely to such intangible cultural heritage as is compatible with existing international human rights instruments, as well as with the requirements of mutual respect among communities, groups and individuals, and of sustainable development. 2. The intangible cultural heritage, as deﬁned in paragraph 1 above, is manifested, inter alia, in the following domains:

Conventions and Agreements of a Standard-setting Nature

(a) (b) (c) (d) (e)

299

oral traditions and expressions, including language as a vehicle of the intangible cultural heritage; performing arts; social practices, rituals and festive events; knowledge and practices concerning nature and the universe; traditional craftsmanship.

3. ‘Safeguarding’ means measures aimed at ensuring the viability of the intangible cultural heritage, including the identiﬁcation, documentation, research, preservation, protection, promotion, enhancement, transmission, particularly through formal and non-formal education, as well as the revitalization, of the various aspects of such heritage. 4. ‘States Parties’ means States which are bound by this Convention and among which this Convention is in force. 5. This Convention applies, mutatis mutandis, to the territories referred to in Article 33 which become Parties to this Convention in accordance with the conditions set out in that Article. To that extent the expression ‘States Parties’ also refers to such territories.

Article . Relationship to other international instruments Nothing in this Convention may be interpreted as: (a) altering the status or diminishing the level of protection, under the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage, of World Heritage properties with which an item of the intangible cultural heritage is directly associated; or (b) aﬀecting the rights and obligations of States Parties deriving from any international instrument, relating to intellectual property rights or to the use of biological and ecological resources, to which they are parties.

II. Organs of the Convention Article . General Assembly of the States Parties 1. A General Assembly of the States Parties is hereby established, hereinafter referred to as ‘the General Assembly’. The General Assembly is the sovereign body of this Convention. 2. The General Assembly shall meet in ordinary session every two years. It may meet in extraordinary session if it so decides or at the request either of the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage or of at least one-third of the States Parties. 3. The General Assembly shall adopt its own Rules of Procedure.

300

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage 1. An Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage, hereinafter referred to as the Committee, is hereby established within UNESCO. It shall be composed of representatives of eighteen States Parties, elected by the States Parties meeting in General Assembly, once this Convention enters into force in accordance with Article 34. 2. The number of States Members of the Committee shall be increased to twenty-four once the number of the States Parties to the Convention reaches ﬁfty.

Article . Election and terms of oﬃce of States Members of the Committee 1. The election of States Members of the Committee shall obey the principles of equitable geographical representation and rotation. 2. States Members of the Committee shall be elected for a term of four years by States Parties to the Convention meeting in General Assembly. 3. However, the term of oﬃce of half of the States Members of the Committee elected at the ﬁrst election is limited to two years. These States shall be chosen by lot at the ﬁrst election. 4. Every two years, the General Assembly shall renew half of the States Members of the Committee. 5. It shall also elect as many States Members of the Committee as required to ﬁll vacancies. 6. A State Member of the Committee may not be elected for two consecutive terms. 7. States Members of the Committee shall choose as their representatives persons who are qualiﬁed in the various ﬁelds of the intangible cultural heritage.

Article . Functions of the Committee Without prejudice to other prerogatives granted to it by this Convention, the functions of the Committee shall be to: (a) promote the objectives of the Convention, and to encourage and monitor the implementation thereof; (b) provide guidance on best practices and make recommendations on measures for the safeguarding of the intangible cultural heritage; (c) prepare and submit to the General Assembly for approval a draft plan for the use of the resources of the Fund, in accordance with Article 25; (d) seek means of increasing its resources, and to take the necessary measures to this end, in accordance with Article 25; (e) prepare and submit to the General Assembly for approval operational directives for the implementation of this Convention; (f) examine, in accordance with Article 29, the reports submitted by States Parties, and to summarize them for the General Assembly;

Conventions and Agreements of a Standard-setting Nature

(g)

301

examine requests submitted by States Parties, and to decide thereon, in accordance with objective selection criteria to be established by the Committee and approved by the General Assembly for: (i) inscription on the lists and proposals mentioned under Articles 16, 17 and 18; (ii) the granting of international assistance in accordance with Article 22.

Article . Working methods of the Committee 1. The Committee shall be answerable to the General Assembly. It shall report to it on all its activities and decisions. 2. The Committee shall adopt its own Rules of Procedure by a two-thirds majority of its Members. 3. The Committee may establish, on a temporary basis, whatever ad hoc consultative bodies it deems necessary to carry out its task. 4. The Committee may invite to its meetings any public or private bodies, as well as private persons, with recognized competence in the various ﬁelds of the intangible cultural heritage, in order to consult them on speciﬁc matters.

Article . Accreditation of advisory organizations 1. The Committee shall propose to the General Assembly the accreditation of nongovernmental organizations with recognized competence in the ﬁeld of the intangible cultural heritage to act in an advisory capacity to the Committee. 2. The Committee shall also propose to the General Assembly the criteria for and modalities of such accreditation.

Article . The Secretariat 1. The Committee shall be assisted by the UNESCO Secretariat. 2. The Secretariat shall prepare the documentation of the General Assembly and of the Committee, as well as the draft agenda of their meetings, and shall ensure the implementation of their decisions.

III. Safeguarding of the intangible cultural heritage at the national level Article . Role of States Parties Each State Party shall: (a) take the necessary measures to ensure the safeguarding of the intangible cultural heritage present in its territory;

302 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b)

among the safeguarding measures referred to in Article 2, paragraph 3, identify and deﬁne the various elements of the intangible cultural heritage present in its territory, with the participation of communities, groups and relevant nongovernmental organizations.

Article . Inventories 1. To ensure identiﬁcation with a view to safeguarding, each State Party shall draw up, in a manner geared to its own situation, one or more inventories of the intangible cultural heritage present in its territory. These inventories shall be regularly updated. 2. When each State Party periodically submits its report to the Committee, in accordance with Article 29, it shall provide relevant information on such inventories.

Article . Other measures for safeguarding To ensure the safeguarding, development and promotion of the intangible cultural heritage present in its territory, each State Party shall endeavour to: (a) adopt a general policy aimed at promoting the function of the intangible cultural heritage in society, and at integrating the safeguarding of such heritage into planning programmes; (b) designate or establish one or more competent bodies for the safeguarding of the intangible cultural heritage present in its territory; (c) foster scientiﬁc, technical and artistic studies, as well as research methodologies, with a view to eﬀective safeguarding of the intangible cultural heritage, in particular the intangible cultural heritage in danger; (d) adopt appropriate legal, technical, administrative and ﬁnancial measures aimed at: (i) fostering the creation or strengthening of institutions for training in the management of the intangible cultural heritage and the transmission of such heritage through forums and spaces intended for the performance or expression thereof; (ii) ensuring access to the intangible cultural heritage while respecting customary practices governing access to speciﬁc aspects of such heritage; (iii) establishing documentation institutions for the intangible cultural heritage and facilitating access to them.

Article . Education, awareness-raising and capacity-building Each State Party shall endeavour, by all appropriate means, to: (a) ensure recognition of, respect for, and enhancement of the intangible cultural heritage in society, in particular through: (i) educational, awareness-raising and information programmes, aimed at the general public, in particular young people;

Conventions and Agreements of a Standard-setting Nature

(b) (c)

303

(ii) speciﬁc educational and training programmes within the communities and groups concerned; (iii) capacity-building activities for the safeguarding of the intangible cultural heritage, in particular management and scientiﬁc research; and (iv) non-formal means of transmitting knowledge; keep the public informed of the dangers threatening such heritage, and of the activities carried out in pursuance of this Convention; promote education for the protection of natural spaces and places of memory whose existence is necessary for expressing the intangible cultural heritage.

Article . Participation of communities, groups and individuals Within the framework of its safeguarding activities of the intangible cultural heritage, each State Party shall endeavour to ensure the widest possible participation of communities, groups and, where appropriate, individuals that create, maintain and transmit such heritage, and to involve them actively in its management.

IV. Safeguarding of the intangible cultural heritage at the international level Article . Representative List of the Intangible Cultural Heritage of Humanity 1. In order to ensure better visibility of the intangible cultural heritage and awareness of its signiﬁcance, and to encourage dialogue which respects cultural diversity, the Committee, upon the proposal of the States Parties concerned, shall establish, keep up to date and publish a Representative List of the Intangible Cultural Heritage of Humanity. 2. The Committee shall draw up, and submit to the General Assembly for approval, the criteria for the establishment, updating and publication of this Representative List.

Article . List of Intangible Cultural Heritage in Need of Urgent Safeguarding 1. With a view to taking appropriate safeguarding measures, the Committee shall establish, keep up to date and publish a List of Intangible Cultural Heritage in Need of Urgent Safeguarding, and shall inscribe such heritage on the List at the request of the State Party concerned. 2. The Committee shall draw up, and submit to the General Assembly for approval, the criteria for the establishment, updating and publication of this List.

304 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

3. In cases of extreme urgency – the objective criteria of which shall be approved by the General Assembly upon the proposal of the Committee – the Committee may inscribe an item of the heritage concerned on the List mentioned in paragraph 1, in consultation with the State Party concerned.

Article . Programmes, projects and activities for the safeguarding of the intangible cultural heritage 1. On the basis of proposals submitted by States Parties, and in accordance with criteria to be deﬁned by the Committee and approved by the General Assembly, the Committee shall periodically select and promote national, subregional and regional programmes, projects and activities for the safeguarding of the heritage which it considers best reﬂect the principles and objectives of this Convention, taking into account the special needs of developing countries. 2. To this end, it shall receive, examine and approve requests for international assistance from States Parties for the preparation of such proposals. 3. The Committee shall accompany the implementation of such projects, programmes and activities by disseminating best practices using means to be determined by it.

V. International cooperation and assistance Article . Cooperation 1. For the purposes of this Convention, international cooperation includes, inter alia, the exchange of information and experience, joint initiatives, and the establishment of a mechanism of assistance to States Parties in their eﬀorts to safeguard the intangible cultural heritage. 2. Without prejudice to the provisions of their national legislation and customary law and practices, the States Parties recognize that the safeguarding of intangible cultural heritage is of general interest to humanity, and, to that end, undertake to cooperate at the bilateral, subregional, regional and international levels.

Article . Purposes of international assistance International assistance may be granted for the following purposes: (a) the safeguarding of the heritage inscribed on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding; (b) the preparation of inventories in the sense of Articles 11 and 12; (c) support for programmes, projects and activities carried out at the national, subregional and regional levels aimed at the safeguarding of the intangible cultural heritage; (d) any other purpose the Committee may deem necessary.

Conventions and Agreements of a Standard-setting Nature

305

Article . Forms of international assistance The assistance granted by the Committee to a State Party shall be governed by the operational directives foreseen in Article 7 and by the agreement referred to in Article 24, and may take the following forms: (a) studies concerning various aspects of safeguarding; (b) the provision of experts and practitioners; (c) the training of all necessary staﬀ; (d) the elaboration of standard-setting and other measures; (e) the creation and operation of infrastructures; (f) the supply of equipment and know-how; (g) other forms of ﬁnancial and technical assistance, including, where appropriate, the granting of low-interest loans and donations.

Article . Conditions governing international assistance 1. The Committee shall establish the procedure for examining requests for international assistance, and shall specify what information shall be included in the requests, such as the measures envisaged and the interventions required, together with an assessment of their cost. 2. In emergencies, requests for assistance shall be examined by the Committee as a matter of priority. 3. In order to reach a decision, the Committee shall undertake such studies and consultations as it deems necessary.

Article . Requests for international assistance 1. Each State Party may submit to the Committee a request for international assistance for the safeguarding of the intangible cultural heritage present in its territory. 2. Such a request may also be jointly submitted by two or more States Parties. 3. The request shall include the information stipulated in Article 22, paragraph 1, together with the necessary documentation.

Article . Role of beneﬁciary States Parties 1. In conformity with the provisions of this Convention, the international assistance granted shall be regulated by means of an agreement between the beneﬁciary State Party and the Committee. 2. As a general rule, the beneﬁciary State Party shall, within the limits of its resources, share the cost of the safeguarding measures for which international assistance is provided. 3. The beneﬁciary State Party shall submit to the Committee a report on the use made of the assistance provided for the safeguarding of the intangible cultural heritage.

306 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

VI. Intangible Cultural Heritage Fund Article . Nature and resources of the Fund 1. A Fund for the Safeguarding of the Intangible Cultural Heritage, 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) contributions made by States Parties; (b) funds appropriated for this purpose by the General Conference of UNESCO; (c) contributions, gifts or bequests which may be made by: (i) other States; (ii) organizations and programmes of the United Nations system, particularly the United Nations Development Programme, as well as other international organizations; (iii) public or private bodies or individuals; (d) any interest due on the 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, to be drawn up by the Committee. 4. The use of resources by the Committee shall be decided on the basis of guidelines laid down by the General Assembly. 5. The 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 the Committee. 6. No political, economic or other conditions which are incompatible with the objectives of this Convention may be attached to contributions made to the Fund.

Article . Contributions of States Parties to the Fund 1. Without prejudice to any supplementary voluntary contribution, the States Parties to this Convention undertake to pay into the Fund, at least every two years, a contribution, the amount of which, in the form of a uniform percentage applicable to all States, shall be determined by the General Assembly. This decision of the General Assembly shall be taken by a majority of the States Parties present and voting which have not made the declaration referred to in paragraph 2 of this Article. In no case shall the contribution of the State Party exceed 1% of its contribution to the regular budget of UNESCO. 2. However, each State referred to in Article 32 or in Article 33 of this Convention may declare, at the time of the deposit of its instruments of ratiﬁcation, acceptance, approval or accession, that it shall not be bound by the provisions of paragraph 1 of this Article.

Conventions and Agreements of a Standard-setting Nature

307

3. A State Party to this Convention which has made the declaration referred to in paragraph 2 of this Article shall endeavour to withdraw the said declaration by notifying the Director-General of UNESCO. However, the withdrawal of the declaration shall not take eﬀect in regard to the contribution due by the State until the date on which the subsequent session of the General Assembly opens. 4. In order to enable the Committee to plan its operations eﬀectively, the contributions of States Parties to this Convention which have made the declaration referred to in paragraph 2 of this Article shall be paid on a regular basis, at least every two years, and should be as close as possible to the contributions they would have owed if they had been bound by the provisions of paragraph 1 of this Article. 5. Any State Party to this Convention which is in arrears with the payment of its compulsory or voluntary contribution for the current year and the calendar year immediately preceding it shall not be eligible as a Member of the Committee; this provision shall not apply to the ﬁrst election. The term of oﬃce of any such State which is already a Member of the Committee shall come to an end at the time of the elections provided for in Article 6 of this Convention.

Article . Voluntary supplementary contributions to the Fund States Parties wishing to provide voluntary contributions in addition to those foreseen under Article 26 shall inform the Committee, as soon as possible, so as to enable it to plan its operations accordingly.

Article . International fund-raising campaigns The States Parties shall, in so far as is possible, lend their support to international fundraising campaigns organized for the benefit of the Fund under the auspices of UNESCO.

VII. Reports Article . Reports by the States Parties The States Parties shall submit to the Committee, observing the forms and periodicity to be deﬁned by the Committee, reports on the legislative, regulatory and other measures taken for the implementation of this Convention.

Article . Reports by the Committee 1. On the basis of its activities and the reports by States Parties referred to in Article 29, the Committee shall submit a report to the General Assembly at each of its sessions. 2. The report shall be brought to the attention of the General Conference of UNESCO.

308 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

VIII. Transitional clause Article . Relationship to the Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity 1. The Committee shall incorporate in the Representative List of the Intangible Cultural Heritage of Humanity the items proclaimed ‘Masterpieces of the Oral and Intangible Heritage of Humanity’ before the entry into force of this Convention. 2. The incorporation of these items in the Representative List of the Intangible Cultural Heritage of Humanity shall in no way prejudge the criteria for future inscriptions decided upon in accordance with Article 16, paragraph 2. 3. No further Proclamation will be made after the entry into force of this Convention.

IX. Final clauses Article . Ratiﬁcation, acceptance or approval 1. This Convention shall be subject to ratiﬁcation, acceptance or approval by States Members of UNESCO in accordance with their respective constitutional procedures. 2. The instruments of ratiﬁcation, acceptance or approval shall be deposited with the Director-General of UNESCO.

Article . Accession 1. This Convention shall be open to accession by all States not Members of UNESCO 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 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 instrument of accession shall be deposited with the Director-General of UNESCO.

Article . Entry into force This Convention shall enter into force three months after the date of the deposit of the thirtieth instrument of ratiﬁcation, acceptance, approval or accession, but only with respect to those States 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 State Party three months after the deposit of its instrument of ratiﬁcation, acceptance, approval or accession.

Conventions and Agreements of a Standard-setting Nature

309

Article . Federal or non-unitary constitutional systems The following provisions shall apply to States 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 States Parties which are not federal States; (b) with regard to the provisions of this Convention, the implementation of which comes under the jurisdiction of individual constituent 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 the competent authorities of such states, counties, provinces or cantons of the said provisions, with its recommendation for their adoption.

Article . Denunciation 1. Each State Party 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 twelve months after the receipt of the instrument of denunciation. It shall in no way aﬀect the ﬁnancial obligations of the denouncing State Party until the date on which the withdrawal takes eﬀect.

Article . Depositary functions The Director-General of UNESCO, as the depositary of this Convention, shall inform the States Members of the Organization, the States not Members of the Organization referred to in Article 33, as well as the United Nations, of the deposit of all the instruments of ratiﬁcation, acceptance, approval or accession provided for in Articles 32 and 33, and of the denunciations provided for in Article 36.

Article . Amendments 1. A State Party may, by written communication addressed to the Director-General, propose amendments to this Convention. The Director-General shall circulate such communication to all States Parties. If, within six months from the date of the circulation of the communication, not less than one-half of the States Parties reply favourably to the request, the Director-General shall present such proposal to the next session of the General Assembly for discussion and possible adoption. 2. Amendments shall be adopted by a two-thirds majority of States Parties present and voting. 3. Once adopted, amendments to this Convention shall be submitted for ratiﬁcation, acceptance, approval or accession to the States Parties.

310 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

4. Amendments shall enter into force, but solely with respect to the States Parties that have ratiﬁed, accepted, approved or acceded to them, three months after the deposit of the instruments referred to in paragraph 3 of this Article by two-thirds of the States Parties. Thereafter, for each State 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 State 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 5 concerning the number of States Members of the Committee. These amendments shall enter into force at the time they are adopted. 6. A State 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: (a) as a Party to this Convention as so amended, and (b) as a Party to the unamended Convention in relation to any State Party not bound by the amendments.

Article . Authoritative texts This Convention has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authoritative.

Article . 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. Done at Paris, this third day of November 2003, in two authentic copies bearing the signature of the President of the thirty-second session of the General Conference and of the Director-General of UNESCO. These two copies shall be deposited in the archives of UNESCO. Certiﬁed true copies shall be delivered to all the States referred to in Articles 32 and 33, as well as to the United Nations. The President of the General Conference The Director-General

Conventions and Agreements of a Standard-setting Nature

311

International Convention against Doping in Sport adopted by the General Conference of UNESCO at its 33rd session, Paris, 19 October 2005 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, hereinafter referred to as ‘UNESCO’, meeting in Paris, from 3 to 21 October 2005, at its thirty-third session, Considering that the aim of UNESCO is to contribute to peace and security by promoting collaboration among nations through education, science and culture, Referring to existing international instruments relating to human rights, Aware of Resolution 58/5 adopted by the General Assembly of the United Nations on 3 November 2003, concerning sport as a means to promote education, health, development and peace, notably its paragraph 7, Conscious that sport should play an important role in the protection of health, in moral, cultural and physical education and in promoting international understanding and peace, Noting the need to encourage and coordinate international cooperation towards the elimination of doping in sport, Concerned by the use of doping by athletes in sport and the consequences thereof for their health, the principle of fair play, the elimination of cheating and the future of sport, Mindful that doping puts at risk the ethical principles and educational values embodied in the International Charter of Physical Education and Sport of UNESCO and in the Olympic Charter, Recalling that the Anti-Doping Convention and its Additional Protocol adopted within the framework of the Council of Europe are the public international law tools which are at the origin of national anti-doping policies and of intergovernmental cooperation, Recalling the recommendations on doping adopted by the second, third and fourth International Conferences of Ministers and Senior Oﬃcials Responsible for Physical Education and Sport organized by UNESCO at Moscow (1988), Punta del Este (1999) and Athens (2004) and 32 C/Resolution 9 adopted by the General Conference of UNESCO at its thirty-second session (2003), Bearing in mind the World Anti-Doping Code adopted by the World Anti-Doping Agency at the World Conference on Doping in Sport, Copenhagen, 5 March 2003, and the Copenhagen Declaration on Anti-Doping in Sport, Mindful also of the inﬂuence that elite athletes have on youth, Aware of the ongoing need to conduct and promote research with the objectives of improving detection of doping and of better understanding of the factors aﬀecting its use in order for prevention strategies to be most eﬀective,

312 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Aware also of the importance of ongoing education of athletes, athlete support personnel and the community at large in preventing doping, Mindful of the need to build the capacity of States Parties to implement anti-doping programmes, Aware that public authorities and the organizations responsible for sport have complementary responsibilities to prevent and combat doping in sport, notably to ensure the proper conduct, on the basis of the principle of fair play, of sports events and to protect the health of those that take part in them, Recognizing that these authorities and organizations must work together for these purposes, ensuring the highest degree of independence and transparency at all appropriate levels, Determined to take further and stronger cooperative action aimed at the elimination of doping in sport, Recognizing that the elimination of doping in sport is dependent in part upon progressive harmonization of anti-doping standards and practices in sport and cooperation at the national and global levels, Adopts this Convention on this nineteenth day of October 2005.

I. Scope Article . Purpose of the Convention The purpose of this Convention, within the framework of the strategy and programme of activities of UNESCO in the area of physical education and sport, is to promote the prevention of, and the ﬁght against, doping in sport, with a view to its elimination.

Article . Deﬁnitions These deﬁnitions are to be understood within the context of the World Anti-Doping Code. However, in case of conﬂict the provisions of the Convention will prevail. For the purposes of this Convention: 1. ‘Accredited doping control laboratories’ means laboratories accredited by the World Anti-Doping Agency. 2. ‘Anti-doping organization’ means an entity that is responsible for adopting rules for initiating, implementing or enforcing any part of the doping control process. This includes, for example, the International Olympic Committee, the International Paralympic Committee, other major event organizations that conduct testing at their events, the World Anti-Doping Agency, international federations and national anti-doping organizations. 3. ‘Anti-doping rule violation’ in sport means one or more of the following:

Conventions and Agreements of a Standard-setting Nature

(a) (b) (c)

(d)

(e) (f) (g) (h)

313

the presence of a prohibited substance or its metabolites or markers in an athlete’s bodily specimen; use or attempted use of a prohibited substance or a prohibited method; refusing, or failing without compelling justiﬁcation, to submit to sample collection after notiﬁcation as authorized in applicable anti-doping rules, or otherwise evading sample collection; violation of applicable requirements regarding athlete availability for out-ofcompetition testing, including failure to provide required whereabouts information and missed tests which are declared based on reasonable rules; tampering, or attempting to tamper, with any part of doping control; possession of prohibited substances or methods; traﬃcking in any prohibited substance or prohibited method; administration or attempted administration of a prohibited substance or prohibited method to any athlete, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping rule violation or any attempted violation.

4. ‘Athlete’ means, for the purposes of doping control, any person who participates in sport at the international or national level, as deﬁned by each national anti-doping organization and accepted by States Parties, and any additional person who participates in a sport or event at a lower level accepted by States Parties. For the purposes of education and training programmes, ‘athlete’ means any person who participates in sport under the authority of a sports organization. 5. ‘Athlete support personnel’ means any coach, trainer, manager, agent, team staﬀ, oﬃcial, medical or paramedical personnel working with, or treating, athletes participating in, or preparing for, sports competition. 6. ‘Code’ means the World Anti-Doping Code adopted by the World Anti-Doping Agency on 5 March 2003 at Copenhagen which is attached as Appendix 1 to this Convention. 7. ‘Competition’ means a single race, match, game or singular athletic contest. 8. ‘Doping control’ means the process including test distribution planning, sample collection and handling, laboratory analysis, results management, hearings and appeals. 9. ‘Doping in sport’ means the occurrence of an anti-doping rule violation. 10. ‘Duly authorized doping control teams’ means doping control teams operating under the authority of international or national anti-doping organizations. 11. ‘In-competition’ testing means, for purposes of diﬀerentiating between in-competition and out-of-competition testing, unless provided otherwise in the rules of an international federation or other relevant anti-doping organization, a test where an athlete is selected for testing in connection with a speciﬁc competition. 12. ‘International Standard for Laboratories’ means the standard which is attached as Appendix 2 to this Convention.

314

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

13. ‘International Standard for Testing’ means the standard which is attached as Appendix 3 to this Convention. 14. ‘No advance notice’ means a doping control which takes place with no advance warning to the athlete and where the athlete is continuously chaperoned from the moment of notiﬁcation through sample provision. 15. ‘Olympic Movement’ means all those who agree to be guided by the Olympic Charter and who recognize the authority of the International Olympic Committee, namely the international federations of sports on the programme of the Olympic Games, the National Olympic Committees, the Organizing Committees of the Olympic Games, athletes, judges and referees, associations and clubs, as well as all the organizations and institutions recognized by the International Olympic Committee. 16. ‘Out-of-competition’ doping control means any doping control which is not conducted in competition. 17. ‘Prohibited List’ means the list which appears in Annex I to this Convention identifying the prohibited substances and prohibited methods. 18. ‘Prohibited method’ means any method so described on the Prohibited List, which appears in Annex I to this Convention. 19. ‘Prohibited substance’ means any substance so described on the Prohibited List, which appears in Annex I to this Convention. 20. ‘Sports organization’ means any organization that serves as the ruling body for an event for one or several sports. 21. ‘Standards for Granting Therapeutic Use Exemptions’ means those standards that appear in Annex II to this Convention. 22. ‘Testing’ means the parts of the doping control process involving test distribution planning, sample collection, sample handling and sample transport to the laboratory. 23. ‘Therapeutic use exemption’ means an exemption granted in accordance with Standards for Granting Therapeutic Use Exemptions. 24. ‘Use’ means the application, ingestion, injection or consumption by any means whatsoever of any prohibited substance or prohibited method. 25. ‘World Anti-Doping Agency’ (WADA) means the foundation so named established under Swiss law on 10 November 1999.

Article . Means to achieve the purpose of the Convention In order to achieve the purpose of the Convention, States Parties undertake to: (a) adopt appropriate measures at the national and international levels which are consistent with the principles of the Code; (b) encourage all forms of international cooperation aimed at protecting athletes and ethics in sport and at sharing the results of research;

Conventions and Agreements of a Standard-setting Nature

(c)

315

foster international cooperation between States Parties and leading organizations in the ﬁght against doping in sport, in particular with the World Anti-Doping Agency.

Article . Relationship of the Convention to the Code 1. In order to coordinate the implementation, at the national and international levels, of the ﬁght against doping in sport, States Parties commit themselves to the principles of the Code as the basis for the measures provided for in Article 5 of this Convention. Nothing in this Convention prevents States Parties from adopting additional measures complementary to the Code. 2. The Code and the most current version of Appendices 2 and 3 are reproduced for information purposes and are not an integral part of this Convention. The Appendices as such do not create any binding obligations under international law for States Parties. 3. The Annexes are an integral part of this Convention.

Article . Measures to achieve the objectives of the Convention In abiding by the obligations contained in this Convention, each State Party undertakes to adopt appropriate measures. Such measures may include legislation, regulation, policies or administrative practices.

Article . Relationship to other international instruments This Convention shall not alter the rights and obligations of States Parties which arise from other agreements previously concluded and consistent with the object and purpose of this Convention. This does not aﬀect the enjoyment by other States Parties of their rights or the performance of their obligations under this Convention.

II. Anti-doping activities at the national level Article . Domestic coordination States Parties shall ensure the application of the present Convention, notably through domestic coordination. To meet their obligations under this Convention, States Parties may rely on anti-doping organizations as well as sports authorities and organizations.

Article . Restricting the availability and use in sport of prohibited substances and methods 1. States Parties shall, where appropriate, adopt measures to restrict the availability of prohibited substances and methods in order to restrict their use in sport by athletes, unless the use is based upon a therapeutic use exemption. These include measures against

316 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

traﬃcking to athletes and, to this end, measures to control production, movement, importation, distribution and sale. 2. States Parties shall adopt, or encourage, where appropriate, the relevant entities within their jurisdictions to adopt, measures to prevent and to restrict the use and possession of prohibited substances and methods by athletes in sport, unless the use is based upon a therapeutic use exemption. 3. No measures taken pursuant to this Convention will impede the availability for legitimate purposes of substances and methods otherwise prohibited or controlled in sport.

Article . Measures against athlete support personnel States Parties shall themselves take measures or encourage sports organizations and antidoping organizations to adopt measures, including sanctions or penalties, aimed at athlete support personnel who commit an anti-doping rule violation or other oﬀence connected with doping in sport.

Article . Nutritional supplements States Parties, where appropriate, shall encourage producers and distributors of nutritional supplements to establish best practices in the marketing and distribution of nutritional supplements, including information regarding their analytic composition and quality assurance.

Article . Financial measures States Parties shall, where appropriate: (a) provide funding within their respective budgets to support a national testing programme across all sports, or assist sports organizations and anti-doping organizations in ﬁnancing doping controls either by direct subsidies or grants, or by recognizing the costs of such controls when determining the overall subsidies or grants to be awarded to those organizations; (b) take steps to withhold sport-related ﬁnancial support to individual athletes or athlete support personnel who have been suspended following an anti-doping rule violation, during the period of their suspension; (c) withhold some or all ﬁnancial or other sport-related support from any sports organization or anti-doping organization not in compliance with the Code or applicable anti-doping rules adopted pursuant to the Code.

Article . Measures to facilitate doping control States Parties shall, where appropriate: (a) encourage and facilitate the implementation by sports organizations and antidoping organizations within their jurisdiction of doping controls in a manner consistent with the Code, including no-advance notice, out-of-competition and in-competition testing;

Conventions and Agreements of a Standard-setting Nature

(b)

(c)

317

encourage and facilitate the negotiation by sports organizations and anti-doping organizations of agreements permitting their members to be tested by duly authorized doping control teams from other countries; undertake to assist the sports organizations and anti-doping organizations within their jurisdiction in gaining access to an accredited doping control laboratory for the purposes of doping control analysis.

III. International cooperation Article . Cooperation between anti-doping organizations and sports organizations States Parties shall encourage cooperation between anti-doping organizations, public authorities and sports organizations within their jurisdiction and those within the jurisdiction of other States Parties in order to achieve, at the international level, the purpose of this Convention.

Article . Supporting the mission of the World Anti-Doping Agency States Parties undertake to support the important mission of the World Anti-Doping Agency in the international ﬁght against doping.

Article . Equal funding of the World Anti-Doping Agency States Parties support the principle of equal funding of the World Anti-Doping Agency’s approved annual core budget by public authorities and the Olympic Movement.

Article . International cooperation in doping control Recognizing that the ﬁght against doping in sport can only be eﬀective when athletes can be tested with no advance notice and samples can be transported in a timely manner to laboratories for analysis, States Parties shall, where appropriate and in accordance with domestic law and procedures: (a) facilitate the task of the World Anti-Doping Agency and anti-doping organizations operating in compliance with the Code, subject to relevant host countries’ regulations, of conducting in- or out-of-competition doping controls on their athletes, whether on their territory or elsewhere; (b) facilitate the timely movement of duly authorized doping control teams across borders when conducting doping control activities; (c) cooperate to expedite the timely shipping or carrying across borders of samples in such a way as to maintain their security and integrity; (d) assist in the international coordination of doping controls by various anti-doping organizations, and cooperate to this end with the World Anti-Doping Agency;

318 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(e)

(f) (g)

promote cooperation between doping control laboratories within their jurisdiction and those within the jurisdiction of other States Parties; in particular, States Parties with accredited doping control laboratories should encourage laboratories within their jurisdiction to assist other States Parties in enabling them to acquire the experience, skills and techniques necessary to establish their own laboratories should they wish to do so; encourage and support reciprocal testing arrangements between designated antidoping organizations, in conformity with the Code; mutually recognize the doping control procedures and test results management, including the sport sanctions thereof, of any anti-doping organization that are consistent with the Code.

Article . Voluntary Fund 1. A ‘Fund for the Elimination of Doping in Sport,’ hereinafter referred to as ‘the Voluntary Fund,’ is hereby established. The Voluntary Fund shall consist of funds-in-trust established in accordance with the Financial Regulations of UNESCO. All contributions by States Parties and other actors shall be voluntary. 2. The resources of the Voluntary Fund shall consist of: (a) contributions made by States Parties; (b) contributions, gifts or bequests which may be made by: (i) other States; (ii) organizations and programmes of the United Nations system, particularly the United Nations Development Programme, as well as other international organizations; (iii) public or private bodies or individuals; (c) any interest due on the resources of the Voluntary Fund; (d) funds raised through collections, and receipts from events organized for the beneﬁt of the Voluntary Fund; (e) any other resources authorized by the Voluntary Fund’s regulations, to be drawn up by the Conference of Parties. 3. Contributions into the Voluntary Fund by States Parties shall not be considered to be a replacement for States Parties’ commitment to pay their share of the World Anti-Doping Agency’s annual budget.

Article . Use and governance of the Voluntary Fund Resources in the Voluntary Fund shall be allocated by the Conference of Parties for the ﬁnancing of activities approved by it, notably to assist States Parties in developing and implementing anti-doping programmes, in accordance with the provisions of this Convention, taking into consideration the goals of the World Anti-Doping Agency, and may serve to cover functioning costs of this Convention. No political, economic or other conditions may be attached to contributions made to the Voluntary Fund.

Conventions and Agreements of a Standard-setting Nature

319

IV. Education and training Article . General education and training principles 1. States Parties shall undertake, within their means, to support, devise or implement education and training programmes on anti-doping. For the sporting community in general, these programmes should aim to provide updated and accurate information on: (a) the harm of doping to the ethical values of sport, (b) the health consequences of doping. 2. For athletes and athlete support personnel, in particular in their initial training, education and training programmes should, in addition to the above, aim to provide updated and accurate information on: (a) doping control procedures; (b) athletes’ rights and responsibilities in regard to anti-doping, including information about the Code and the anti-doping policies of the relevant sports and antidoping organizations; such information shall include the consequences of committing an anti-doping rule violation; (c) the list of prohibited substances and methods and therapeutic use exemptions; (d) nutritional supplements.

Article . Professional codes of conduct States Parties shall encourage relevant competent professional associations and institutions to develop and implement appropriate codes of conduct, good practice and ethics related to anti-doping in sport that are consistent with the Code.

Article . Involvement of athletes and athlete support personnel States Parties shall promote and, within their means, support active participation by athletes and athlete support personnel in all facets of the anti-doping work of sports and other relevant organizations and encourage sports organizations within their jurisdiction to do likewise.

Article . Sports organizations and ongoing education and training on anti-doping States Parties shall encourage sports organizations and anti-doping organizations to implement ongoing education and training programmes for all athletes and athlete support personnel on the subjects identiﬁed in Article 19.

Article . Cooperation in education and training States Parties shall cooperate, mutually and with the relevant organizations, to share, where appropriate, information, expertise and experience on eﬀective anti-doping programmes.

320 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

V. Research Article . Promotion of research in anti-doping States Parties undertake, within their means, to encourage and promote anti-doping research in cooperation with sports and other relevant organizations on: (a) prevention, detection methods, behavioural and social aspects, and the health consequences of doping; (b) ways and means of devising scientiﬁcally based physiological and psychological training programmes respectful of the integrity of the person; (c) the use of all emerging substances and methods resulting from scientific developments.

Article . Nature of anti-doping research When promoting anti-doping research, as set out in Article 24, States Parties shall ensure that such research will: (a) comply with internationally recognized ethical practices, (b) avoid the administration to athletes of prohibited substances and methods, (c) be undertaken only with adequate precautions in place to prevent the results of anti-doping research being misused and applied for doping.

Article . Sharing the results of anti-doping research Subject to compliance with applicable national and international law, States Parties shall, where appropriate, share the results of available anti-doping research with other States Parties and the World Anti-Doping Agency.

Article . Sport science research States Parties shall encourage: (a) members of the scientiﬁc and medical communities to carry out sport science research in accordance with the principles of the Code, (b) sports organizations and athlete support personnel within their jurisdiction to implement sport science research that is consistent with the principles of the Code.

VI. Monitoring of the Convention Article . Conference of Parties 1. A Conference of Parties is hereby established. The Conference of Parties shall be the sovereign body of this Convention. 2. The Conference of Parties shall meet in ordinary session in principle every two years. It may meet in extraordinary session if it so decides or at the request of at least one-third of the States Parties.

Conventions and Agreements of a Standard-setting Nature

321

3. Each State Party shall have one vote at the Conference of Parties. 4. The Conference of Parties shall adopt its own Rules of Procedure.

Article . Advisory organization and observers to the Conference of Parties The World Anti-Doping Agency shall be invited as an advisory organization to the Conference of Parties. The International Olympic Committee, the International Paralympic Committee, the Council of Europe and the Intergovernmental Committee for Physical Education and Sport (CIGEPS) shall be invited as observers. The Conference of Parties may decide to invite other relevant organizations as observers.

Article . Functions of the Conference of Parties 1. Besides those set forth in other provisions of this Convention, the functions of the Conference of Parties shall be to: (a) promote the purpose of this Convention; (b) discuss the relationship with the World Anti-Doping Agency and study the mechanisms of funding of the Agency’s annual core budget; States non-Parties may be invited to the discussion; (c) adopt a plan for the use of the resources of the Voluntary Fund, in accordance with Article 18; (d) examine the reports submitted by States Parties in accordance with Article 31; (e) examine, on an ongoing basis, the monitoring of compliance with this Convention in response to the development of anti-doping systems, in accordance with Article 31; any monitoring mechanism or measure that goes beyond Article 31 shall be funded through the Voluntary Fund established under Article 17; (f) examine draft amendments to this Convention for adoption; (g) examine for approval, in accordance with Article 34 of the Convention, modifications to the Prohibited List and to the Standards for Granting Therapeutic Use Exemptions adopted by the World Anti-Doping Agency; (h) deﬁne and implement cooperation between States Parties and the World AntiDoping Agency within the framework of this Convention; (i) request a report from the World Anti-Doping Agency on the implementation of the Code to each of its sessions for examination. 2. The Conference of Parties, in fulﬁlling its functions, may cooperate with other intergovernmental bodies.

Article . National reports to the Conference of Parties States Parties shall forward every two years to the Conference of Parties through the secretariat, in one of the oﬃcial languages of UNESCO, all relevant information concerning measures taken by them for the purpose of complying with the provisions of this Convention.

322 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . Secretariat of the Conference of Parties 1. The secretariat of the Conference of Parties shall be provided by the DirectorGeneral of UNESCO. 2. At the request of the Conference of Parties, the Director-General of UNESCO shall use to the fullest extent possible the services of the World Anti-Doping Agency on terms agreed upon by the Conference of Parties. 3. Functioning costs related to the Convention will be funded from the regular budget of UNESCO within existing resources at an appropriate level, the Voluntary Fund established under Article 17 or an appropriate combination thereof as determined every two years. The ﬁnancing for the secretariat from the regular budget shall be done on a strictly minimal basis, it being understood that voluntary funding should also be provided to support the Convention. 4. The secretariat shall prepare the documentation of the Conference of Parties, as well as the draft agenda of its meetings, and shall ensure the implementation of its decisions.

Article . Amendments 1. Each State Party may, by written communication addressed to the Director-General of UNESCO, propose amendments to this Convention. The Director-General shall circulate such communication to all States Parties. If, within six months from the date of the circulation of the communication, at least one-half of the States Parties give their consent, the Director-General shall present such proposals to the following session of the Conference of Parties. 2. Amendments shall be adopted by the Conference of Parties with a two-thirds majority of States Parties present and voting. 3. Once adopted, amendments to this Convention shall be submitted for ratiﬁcation, acceptance, approval or accession to States Parties. 4. With respect to the States Parties that 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 States Parties. Thereafter, for each State 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 State Party of its instrument of ratiﬁcation, acceptance, approval or accession. 5. A State that 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: (a) a Party to this Convention as so amended, (b) a Party to the unamended Convention in relation to any State Party not bound by the amendments.

Conventions and Agreements of a Standard-setting Nature

323

Article . Speciﬁc amendment procedure for the Annexes to the Convention 1. If the World Anti-Doping Agency modiﬁes the Prohibited List or the Standards for Granting Therapeutic Use Exemptions, it may, by written communication addressed to the Director-General of UNESCO, inform her/him of those changes. The Director-General shall notify such changes as proposed amendments to the relevant Annexes to this Convention to all States Parties expeditiously. Amendments to the Annexes shall be approved by the Conference of Parties either at one of its sessions or through a written consultation. 2. States Parties have forty-ﬁve days from the Director-General’s notiﬁcation within which to express their objection to the proposed amendment either in writing, in case of written consultation, to the Director-General, or at a session of the Conference of Parties. Unless two-thirds of the States Parties express their objection, the proposed amendment shall be deemed to be approved by the Conference of Parties. 3. Amendments approved by the Conference of Parties shall be notiﬁed to States Parties by the Director-General. They shall enter into force forty-ﬁve days after that notiﬁcation, except for any State Party that has previously notiﬁed the Director-General that it does not accept these amendments. 4. A State Party having notiﬁed the Director-General that it does not accept an amendment approved according to the preceding paragraphs remains bound by the Annexes as not amended.

VII. Final clauses Article . Federal or non-unitary constitutional systems The following provisions shall apply to States Parties that 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 States Parties which are not federal States; (b) with regard to the provisions of this Convention, the implementation of which comes under the jurisdiction of individual constituent 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 the competent authorities of such states, counties, provinces or cantons of the said provisions, with its recommendation for their adoption.

Article . Ratiﬁcation, acceptance, approval or accession This Convention shall be subject to ratiﬁcation, acceptance, approval or accession by Members States of UNESCO in accordance with their respective constitutional procedures.

324

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

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

Article . Entry into force 1. This Convention shall enter into force on the ﬁrst day of the month following the expiration of a period of one month after the date of deposit of the thirtieth instrument of ratiﬁcation, acceptance, approval or accession. 2. For any State that subsequently expresses its consent to be bound by it, the Convention shall enter into force on the ﬁrst day of the month following the expiration of a period of one month after the date of deposit of its instrument of ratiﬁcation, acceptance, approval or accession.

Article . Territorial extension of the Convention 1. Any State may, when depositing its instrument of ratiﬁcation, acceptance, approval or accession, specify the territory or territories for whose international relations it is responsible and to which this Convention shall apply. 2. Any State Party may, at any later date, by a declaration addressed to UNESCO, extend the application of this Convention to any other territory speciﬁed in the declaration. In respect of such territory, the Convention shall enter into force on the ﬁrst day of the month following the expiration of a period of one month after the date of receipt of such declaration by the depositary. 3. Any declaration made under the two preceding paragraphs may, in respect of any territory speciﬁed in such declaration, be withdrawn by a notiﬁcation addressed to UNESCO. Such withdrawal shall become eﬀective on the ﬁrst day of the month following the expiration of a period of one month after the date of receipt of such a notiﬁcation by the depositary.

Article . Denunciation Any State Party may denounce this Convention. The denunciation shall be notiﬁed by an instrument in writing, deposited with the Director-General of UNESCO. The denunciation shall take eﬀect on the ﬁrst day of the month following the expiration of a period of six months after the receipt of the instrument of denunciation. It shall in no way aﬀect the ﬁnancial obligations of the State Party concerned until the date on which the withdrawal takes eﬀect.

Article . Depositary The Director-General of UNESCO shall be the depositary of this Convention and amendments thereto. As the depositary, the Director-General of UNESCO shall inform the States Parties to this Convention, as well as the other States Members of the Organization, of: (a) the deposit of any instrument of ratiﬁcation, acceptance, approval or accession; (b) the date of entry into force of this Convention, in accordance with Article 37; (c) any report prepared in pursuance of the provisions of Article 31;

Conventions and Agreements of a Standard-setting Nature

(d) (e) (f) (g)

325

any amendment to the Convention or to the Annexes adopted in accordance with Articles 33 and 34, and the date on which the amendment comes into force; any declaration or notiﬁcation made under the provisions of Article 38; any notiﬁcation made under the provisions of Article 39, and the date on which the denunciation takes eﬀect; any other act, notiﬁcation or communication relating to this Convention.

Article . 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.

Article . Authoritative texts 1. This Convention, including its Annexes, has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authoritative. 2. The Appendices to this Convention are provided in Arabic, Chinese, English, French, Russian and Spanish.

Article . Reservations No reservations that are incompatible with the object and purpose of the present Convention shall be permitted.

Annex I. The Prohibited List – International Standard* Annex II. Standards for Granting Therapeutic Use Exemptions* Appendix . World Anti-Doping Code* Appendix . International Standard for Laboratories* Appendix . International Standard for Testing* * Available at: www.unesco.org/legal_instruments

Done at Paris, this eighteenth day of November 2005, in two authentic copies bearing the signature of the President of the General Conference of UNESCO at its thirty-third session and of the Director-General of UNESCO, which shall be deposited in the archives of UNESCO. IN WITNESS WHEREOF, the undersigned have signed this Convention this eighteenth day of November 2005. The President of the General Conference The Director-General

326 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Convention on the Protection and Promotion of the Diversity of Cultural Expressions adopted by the General Conference of UNESCO at its 33rd session, Paris, 20 October 2005 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 3 to 21 October 2005 at its thirty-third 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,

Conventions and Agreements of a Standard-setting Nature

327

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 . Objectives The objectives of this Convention are: (a) to protect and promote the diversity of cultural expressions;

328

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b) (c)

(d) (e) (f)

(g) (h)

(i)

to create the conditions for cultures to ﬂourish and to freely interact in a mutually beneﬁcial manner; 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; to foster interculturality in order to develop cultural interaction in the spirit of building bridges among peoples; to promote respect for the diversity of cultural expressions and raise awareness of its value at the local, national and international levels; 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; to give recognition to the distinctive nature of cultural activities, goods and services as vehicles of identity, values and meaning; 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; 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 . 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.

Conventions and Agreements of a Standard-setting Nature

329

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 . 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 . 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.

330 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

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 . 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

Conventions and Agreements of a Standard-setting Nature

331

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 . 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 . 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.

332 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

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 . 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 . 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 . 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 . 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.

Conventions and Agreements of a Standard-setting Nature

333

Article . 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 . 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 . 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;

334 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b)

(c)

(d)

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; 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; 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 . 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 . 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 to cultural goods and services from developing countries.

Article . 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 . 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.

Conventions and Agreements of a Standard-setting Nature

335

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 . 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.

336 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

V. Relationship to other instruments Article . 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 . 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 . 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.

Conventions and Agreements of a Standard-setting Nature

337

Article . 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 eighteen 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 twenty-four once the number of Parties to the Convention reaches ﬁfty. 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 . 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.

338 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

VII. Final clauses Article . 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 . 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 . 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

Conventions and Agreements of a Standard-setting Nature

(c)

(d)

(e)

339

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 sub-paragraph (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. 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. 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. ‘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 . Point of contact Upon becoming Parties to this Convention, each Party shall designate a point of contact as referred to in Article 9.

Article . 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.

340

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

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 . 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 . 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 twelve 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 . 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 . 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

Conventions and Agreements of a Standard-setting Nature

341

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) 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 . Authoritative texts This Convention has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, all six texts being equally authoritative.

Article . 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 . 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.

342

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . 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 . 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 . 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 . 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 . Disagreement A disagreement as to whether the Conciliation Commission has competence shall be decided by the Commission. Done in Paris, this eighteenth day of November 2005, in two authentic copies bearing the signature of the President of the General Conference of UNESCO at its 33rd session and the Director-General of UNESCO, which shall be deposited in the archives of UNESCO. IN WITNESS WHEREOF the undersigned have signed this Convention this eighteenth day of November 2005. The President of the General Conference The Director-General

PART II RECOMMENDATIONS ADOPTED BY THE GENERAL CONFERENCE

Recommendations Adopted by the General Conference

345

Recommendation on International Principles Applicable to Archaeological Excavations adopted by the General Conference of UNESCO at its 9th session, New Delhi, 5 December 1956 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting at New Delhi, from 5 November to 5 December 1956, at its ninth session, Being of the opinion that the surest guarantee for the preservation of monuments and works of the past rests in the respect and aﬀection felt for them by the peoples themselves, and persuaded that such feelings may be greatly strengthened by adequate measures inspired by the wish of Member States to develop science and international relations, Convinced that the feelings aroused by the contemplation and study of works of the past do much to foster mutual understanding between nations, and that it is therefore highly desirable to secure international cooperation with regard to them and to further, in every possible way, the fulﬁlment of their social mission, Considering that, while individual States are more directly concerned with the archaeological discoveries made on their territory, the international community as a whole is nevertheless the richer for such discoveries, Considering that the history of man implies the knowledge of all diﬀerent civilizations, and that it is therefore necessary, in the general interest, that all archaeological remains be studied and, where possible, preserved and taken into safe keeping, Convinced that it is highly desirable that the national authorities responsible for the protection of the archaeological heritage should be guided by certain common principles which have been tested by experience and put into practice by national archaeological services, Being of the opinion that, though the regulation of excavations is ﬁrst and foremost for the domestic jurisdiction of each State, this principle should be brought into harmony with that of a liberally understood and freely accepted international cooperation, Having before it proposals concerning international principles applicable to archaeological excavations, which constitute item 9.4.3 on the agenda of the session, Having decided, at its eighth session, that these proposals should be regulated at the international level by way of a recommendation to Member States, Adopts, this ﬁfth day of December 1956, the following Recommendation: The General Conference recommends that Member States should apply the following provisions by taking whatever legislative or other steps may be required to give eﬀect, within their respective territories, to the principles and norms formulated in the present Recommendation.

346 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

The General Conference recommends that Member States should bring the present Recommendation to the knowledge of authorities and organizations concerned with archaeological excavations and museums. The General Conference recommends that Member States should report to it, on dates and in a manner to be determined by it, on the action which they have taken to give eﬀect to the present Recommendation.

I. Deﬁnitions Archaeological excavations 1. For the purpose of the present Recommendation, by ‘archaeological excavations’ is meant any research aimed at the discovery of objects of archaeological character, whether such research involves digging of the ground or systematic exploration of its surface or is carried out on the bed or in the subsoil of inland or territorial waters of a Member State.

Property protected 2. The provisions of the present Recommendation apply to any remains whose preservation is in the public interest from the point of view of history or art and architecture, each Member State being free to adopt the most appropriate criterion for assessing the public interest of objects found on its territory. In particular, the provisions of the present Recommendation should apply to any monuments and movable or immovable objects of archaeological interest considered in the widest sense. 3. The criterion adopted for assessing the public interest of archaeological remains might vary according to whether it is a question of the preservation of such property, or of the excavator’s or ﬁnder’s obligation to declare his discoveries. (a) In the former case, the criterion based on preserving all objects originating before a certain date should be abandoned, and replaced by one whereby protection is extended to all objects belonging to a given period or of a minimum age ﬁxed by law. (b) In the latter case, each Member State should adopt far wider criteria, compelling the excavator or ﬁnder to declare any object of archaeological character, whether movable or immovable, which he may discover.

II. General principles Protection of the archaeological heritage 4. Each Member State should ensure the protection of its archaeological heritage, taking fully into account problems arising in connection with excavations, and in conformity with the provisions of the present Recommendation.

Recommendations Adopted by the General Conference

347

5. Each Member State should in particular: (a) make archaeological explorations and excavations subject to prior authorization by the competent authority; (b) oblige any person ﬁnding archaeological remains to declare them at the earliest possible date to the competent authority; (c) impose penalties for the infringement of these regulations; (d) make undeclared objects subject to conﬁscation; (e) deﬁne the legal status of the archaeological subsoil and, where State ownership of the said subsoil is recognized, speciﬁcally mention the fact in its legislation; (f) consider classifying as historical monuments the essential elements of its archaeological heritage.

Protecting body: Archaeological excavations 6. Although diﬀerences of tradition and unequal ﬁnancial resources make it impossible for all Member States to adopt a uniform system of organization in the administrative services responsible for excavations, certain common principles should nevertheless apply to all national archaeological services: (a) The archaeological service should, so far as possible, be a central State administration, or at any rate an organization provided by law with the necessary means for carrying out any emergency measures that may be required. In addition to the general administration of archaeological work, this service should cooperate with research institutes and universities in the technical training of excavators. This body should also set up a central documentation, including maps, of its movable and immovable monuments, and additional documentation for every important museum, or ceramic or iconographic collection, etc. (b) Steps should be taken to ensure in particular the regular provision of funds: (i) to administer the services in a satisfactory manner; (ii) to carry out a programme of work proportionate to the archaeological resources of the country, including scientiﬁc publications; (iii) to exercise control over accidental discoveries; (iv) to provide for the upkeep of excavation sites and monuments. 7. Careful supervision should be exercised by each Member State over the restoration of archaeological remains and objects discovered. 8. Prior approval should be obtained from the competent authority for the removal of any monuments, which ought to be preserved in situ. 9. Each Member State should consider maintaining untouched, partially or totally, a certain number of archaeological sites of diﬀerent periods, in order that their excavation may beneﬁt from improved techniques and more advanced archaeological knowledge. On each of the larger sites now being excavated, in so far as the nature of the land permits, well-deﬁned ‘witness’ areas might be left unexcavated in several places, in order to allow for eventual veriﬁcation of the stratigraphy and archaeological composition of the site.

348

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Formation of central and regional collections 10. Inasmuch as archaeology is a comparative science, account should be taken, in the setting up and organizing of museums and reserve collections, of the need for facilitating the work of comparison as much as possible. For this purpose, central and regional collections might be formed or, in exceptional cases, local collections on particularly important archaeological sites – in preference to small scattered collections, accessible to comparatively few people. These establishments should command, on a permanent basis, the administrative facilities and scientiﬁc staﬀ necessary to ensure the preservation of the exhibits. 11. On important archaeological sites, a small exhibit of an educational nature – possibly a museum – should be set up to convey to visitors the interest of the archaeological remains.

Education of the public 12. The competent authority should initiate educational measures in order to arouse and develop respect and aﬀection for the remains of the past by the teaching of history, the participation of students in certain excavations, the publication in the press of archaeological information supplied by recognized specialists, the organization of guided tours, exhibitions and lectures dealing with methods of excavation and results achieved, the clear display of archaeological sites explored and monuments discovered, and the publication of cheap and simply written monographs and guides. In order to encourage the public to visit these sites, Member States should make all necessary arrangements to facilitate access to them.

III. Regulations governing excavations and international collaboration Authority to excavate granted to foreigners 13. Each Member State on whose territory excavations are to take place should lay down general rules governing the granting of excavation concessions, the conditions to be observed by the excavator, in particular as concerns the supervision exercised by the national authorities, the period of the concession, the reasons which may justify its withdrawal, the suspension of work, or its transfer from the authorized excavator to the national archaeological service. 14. The conditions imposed upon a foreign excavator should be those applicable to nationals. Consequently, the deed of concession should omit special stipulations which are not imperative.

International collaboration 15. In the higher interest of archaeology and of international collaboration, Member States should encourage excavations by a liberal policy. They might allow qualiﬁed individuals or

Recommendations Adopted by the General Conference

349

learned bodies, irrespective of nationality, to apply on an equal footing for the concession to excavate. Member States should encourage excavations carried out by joint missions of scientists from their own country and of archaeologists representing foreign institutions, or by international missions. 16. When a concession is granted to a foreign mission, the representative of the conceding State – if such be appointed – should, as far as possible, also be an archaeologist capable of helping the mission and collaborating with it. 17. Member States which lack the necessary resources for the organization of archaeological excavations in foreign countries should be accorded facilities for sending archaeologists to sites being worked by other Member States, with the consent of the director of excavations. 18. A Member State whose technical or other resources are insuﬃcient for the scientiﬁc carrying out of an excavation should be able to call on the participation of foreign experts or on a foreign mission to undertake it.

Reciprocal guarantees 19. Authority to carry out excavations should be granted only to institutions represented by qualiﬁed archaeologists or to persons oﬀering such unimpeachable scientiﬁc, moral and ﬁnancial guarantees as to ensure that any excavations will be completed in accordance with the terms of the deed of concession and within the period laid down. 20. On the other hand, when authority to carry out excavations is granted to foreign archaeologists, it should guarantee them a period of work long enough, and conditions of security suﬃcient to facilitate their task and protect them from unjustiﬁed cancellation of the concession, in the event, for instance, of their being obliged, for reasons recognized as valid, to interrupt their work for a given period of time.

Preservation of archaeological remains 21. The deed of concession should deﬁne the obligations of the excavator during and on completion of his work. The deed should, in particular, provide for guarding, maintenance and restoration of the site, together with the conservation, during and on completion of his work, of objects and monuments uncovered. The deed should moreover indicate what help if any the excavator might expect from the conceding State in the discharge of his obligations should these prove too onerous.

Access to excavation sites 22. Qualiﬁed experts of any nationality should be allowed to visit a site before a report of the work is published and with the consent of the director of excavations, even during the work. This privilege should in no case jeopardize the excavator’s scientiﬁc rights in his ﬁnds.

350 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Assignment of finds 23. (a) (b)

(c)

(d)

(e)

Each Member State should clearly deﬁne the principles which hold good on its territory in regard to the disposal of ﬁnds from excavations. Finds should be used, in the ﬁrst place, for building up, in the museums of the country in which excavations are carried out, complete collections fully representative of that country’s civilization, history, art and architecture. With the main object of promoting archaeological studies through the distribution of original material, the conceding authority, after scientiﬁc publication, might consider allocating to the approved excavator a number of ﬁnds from his excavation, consisting of duplicates or, in a more general sense, of objects or groups of objects which can be released in view of their similarity to other objects from the same excavation. The return to the excavator of objects resulting from excavations should always be subject to the condition that they be allocated within a speciﬁed period of time to scientiﬁc centres open to the public, with the proviso that if these conditions are not put into eﬀect, or cease to be carried out, the released objects will be returned to the conceding authority. Temporary export of ﬁnds, excluding objects which are exceptionally fragile or of national importance, should be authorized on requests emanating from a scientiﬁc institution of public or private character if the study of these ﬁnds in the conceding State is not possible because of lack of bibliographical or scientiﬁc facilities, or is impeded by diﬃculties of access. Each Member State should consider ceding to, exchanging with, or depositing in foreign museums objects which are not required in the national collections.

Scientific rights; rights and obligations of the excavator 24. (a) (b)

(c)

The conceding State should guarantee to the excavator scientiﬁc rights in his ﬁnds for a reasonable period. The conceding State should require the excavator to publish the results of his work within the period stipulated in the deed, or, failing such stipulations, within a reasonable period. This period should not exceed two years for the preliminary report. For a period of five years following the discovery, the competent archaeological authorities should undertake not to release the complete collection of ﬁnds, nor the relative scientiﬁc documentation, for detailed study, without the written authority of the excavator. Subject to the same conditions, these authorities should also prevent photographic or other reproduction of archaeological material still unpublished. In order to allow, should it be so desired, for simultaneous publication of the preliminary report in both countries, the excavator should, on demand, submit a copy of his text to these authorities. Scientiﬁc publications dealing with archaeological research and issued in a language which is not widely used should include a summary and, if possible, a list of contents and captions of illustrations translated into some more widely known language.

Recommendations Adopted by the General Conference

351

Documentation on excavations 25. Subject to the provisions set out in paragraph 24, the national archaeological services should, as far as possible, make their documentation and reserve collections of archaeological material readily available for inspection and study to excavators and qualiﬁed experts, especially those who have been granted a concession for a particular site or who wish to obtain one.

Regional meetings and scientific discussions 26. In order to facilitate the study of problems of common interest, Member States might, from time to time, convene regional meetings attended by representatives of the archaeological services of interested States. Similarly, each Member State might encourage excavators working on its soil to meet for scientiﬁc discussions.

IV. Trade in antiquities 27. In the higher interests of the common archaeological heritage, each Member State should consider the adoption of regulations to govern the trade in antiquities so as to ensure that this trade does not encourage smuggling of archaeological material or aﬀect adversely the protection of sites and the collecting of material for public exhibit. 28. Foreign museums should, in order to fulﬁl their scientiﬁc and educational aims, be able to acquire objects which have been released from any restrictions due to the laws in force in the country of origin.

V. Repression of clandestine excavations and of the illicit export of archaeological ﬁnds Protection of archaeological sites against clandestine excavations and damage 29. Each Member State should take all necessary measures to prevent clandestine excavations and damage to monuments deﬁned in paragraphs 2 and 3 above, and also to prevent the export of objects thus obtained.

International cooperation in repressive measures 30. All necessary measures should be taken in order that museums to which archaeological objects are oﬀered ascertain that there is no reason to believe that these objects have been procured by clandestine excavation, theft or any other method regarded as illicit by the competent authorities of the country of origin. Any suspicious oﬀer and all details appertaining thereto should be brought to the attention of the services concerned. When archaeological objects have been acquired by museums, adequate details allowing them to

352 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

be identiﬁed and indicating the manner of their acquisition should be published as soon as possible.

Return of objects to their country of origin 31. Excavation services and museums should lend one another assistance in order to ensure or facilitate the recovery of objects derived from clandestine excavations or theft, and of all objects exported in infringement of the legislation of the country of origin. It is desirable that each Member State should take the necessary measures to ensure this recovery. These principles should be applied in the event of temporary exports as mentioned in paragraph 23(c), (d) and (e) above, if the objects are not returned within the stipulated period.

VI. Excavations in occupied territory 32. In the event of armed conﬂict, any Member State occupying the territory of another State should refrain from carrying out archaeological excavations in the occupied territory. In the event of chance ﬁnds being made, particularly during military works, the occupying Power should take all possible measures to protect these ﬁnds, which should be handed over, on the termination of hostilities, to the competent authorities of the territory previously occupied, together with all documentation relating thereto.

VII. Bilateral agreements 33. Member States should, whenever necessary or desirable, conclude bilateral agreements to deal with matters of common interest arising out of the application of the present Recommendation. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its ninth session, which was held at New Delhi and declared closed the ﬁfth day of December 1956. IN FAITH WHEREOF, we have appended our signatures this ﬁfth day of December 1956. The President of the General Conference The Director-General

Recommendations Adopted by the General Conference

353

Recommendation concerning the Most Eﬀective Means of Rendering Museums Accessible to Everyone adopted by the General Conference of UNESCO at its 11th session, Paris, 14 December 1960 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 14 November to 15 December 1960, at its eleventh session, Considering that one of the functions of the Organization, as laid down in its Constitution, is to give fresh impulse to popular education and to the spread of culture, to collaborate in the work of advancing the mutual understanding of peoples by instituting collaboration among them to advance the ideal of equality of educational opportunity without regard to race, sex or any distinctions, economic or social, and to maintain, increase and diﬀuse knowledge, Considering that museums can eﬀectively contribute towards accomplishing these tasks, Considering that museums of all kinds are a source of enjoyment and instruction, Considering also that museums, by preserving works of art and scientiﬁc material and presenting them to the public, help to disseminate a knowledge of the various cultures and thus promote mutual understanding among nations, Considering in consequence that every eﬀort should be made to encourage all sections of the population, and especially the working classes, to visit museums, Considering that with the progress in the industrial organization of the world, people have more leisure, and that such leisure should be used for the beneﬁt and the cultural advancement of all, Recognizing the new social conditions and needs which the museums must take into account in order to carry out their permanent educational mission and satisfy the cultural aspirations of the workers, Having before it proposals concerning the most eﬀective means of rendering museums accessible to everyone, constituting item 17.4.1 of the agenda of the session, Having decided at its tenth session that proposals on the question should be the subject of international regulation by way of a recommendation to Member States, Adopt this Recommendation on the fourteenth day of December 1960. The General Conference recommends that Member States should apply the following provisions by taking whatever legislative or other steps may be required to give eﬀect, within their respective territories, to the principles and norms set forth in this Recommendation.

354

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

The General Conference recommends that Member States should bring this Recommendation to the knowledge of the authorities and bodies concerned with museums, and of the museums themselves. The General Conference recommends that Member States should report to it, on dates and in a manner to be determined by it, on the action they have taken to give eﬀect to this Recommendation.

I. Deﬁnition 1. For the purposes of this Recommendation, the term ‘museum’ shall be taken to mean any permanent establishment administered in the general interest for the purpose of preserving, studying, enhancing by various means and, in particular, exhibiting to the public for its delectation and instruction, groups of objects and specimens of cultural value: artistic, historical, scientiﬁc and technological collections, botanical and zoological gardens and aquariums.

II. General principles 2. Member States should take all appropriate steps to ensure that the museums on their territory are accessible to all without regard to economic or social status. 3. To that end, account should be taken, in selecting the measures to be applied, of the diﬀerent forms of museum administration that may exist in individual Member States. The measures might vary, for example, according to whether museums are owned and administered by the State or whether, even if not State-owned, they receive regular or occasional ﬁnancial assistance from the State, or whether the State participates in their management in a scientiﬁc, technical or administrative capacity.

III. Material arrangements in, and admission to, museums 4. The collections should be made easy for all types of people to appreciate by a clear form of presentation, by the systematic placing of notices or labels giving concise information, by the publication of guide books and folders which provide visitors with such explanations as they require, and by the organization of regular guided visits, accompanied by a commentary adapted to the various categories of visitors; the guides should be properly qualiﬁed persons, preferably appointed through the agency of the bodies referred to in paragraph 16 of this Recommendation; discreet use may be made of apparatus for the reproduction of recorded commentaries. 5. Museums should be open every day and at hours convenient for all categories of visitors, particular account being taken of workers’ leisure time. They should be provided with a suﬃciently large supervisory staﬀ to permit of a rota system so that the museum can remain

Recommendations Adopted by the General Conference

355

open every day without interruption – subject to local conditions and customs – as well as every evening after working hours. They should be installed with the necessary equipment for lighting, heating, etc. 6. Museums should be easily accessible, and should be made as attractive as possible, with a measure of comfort. Provided that the character of the establishment is respected, and that visits to the collections are not disturbed thereby, lounges, restaurants, cafes and the like should be provided for the public, preferably within the precincts of the museum (in gardens, on terraces, in suitable basements, etc.) or in the immediate vicinity. 7. Admission should be free whenever possible. In cases where admission is not always free and where it is considered necessary to maintain a small admission fee, even if only a token charge, admission to every museum should be free during at least one day a week, or for an equivalent period. 8. Where an admission fee is charged, it should be waived for persons in low-income groups and for members of large families, in those countries in which there exist oﬃcial methods of identifying these groups. 9. Special facilities should be provided to encourage regular visits, such as reduced subscription fees for a given period entitling the subscriber to an unlimited number of entries to a particular museum or group of museums. 10. Free admission should, whenever possible, be granted to organized parties – whether of school children or adults – taking part in educational and cultural programmes, and also to members of the museum or of the associations mentioned in paragraph 17 of this Recommendation.

IV. Publicity for museums 11. Member States should, through the intermediary of either the local authorities or of their own cultural relations or tourist services, and in the context of national education and international relations, do everything in their power to encourage increased visits to museums and to exhibitions arranged therein. 12. (a) Member States should urge national or regional tourist agencies to make it one of their main objectives to encourage increased visits to museums and to devote part of their activities and resources to that end. (b) Museums should be invited to make regular use of the services of those agencies and to associate them with their own eﬀorts to extend their social and cultural inﬂuence.

V. Place and role of museums in the community 13. Museums should serve as intellectual and cultural centres in their own localities. They should therefore contribute to the intellectual and cultural life of the community, which in

356

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

turn should be given the opportunity of taking part in the activities and development of the museums. This should apply in particular to museums situated in small towns and villages and whose importance is often out of proportion to their size. 14. Close cultural relations should be established between museums and groups in the community, such as professional organizations, trade unions, and social services in industrial and business enterprises. 15. Cooperation between museums and radio and television services and undertakings should also be established or improved so that museum exhibits can be used for the purposes of adult and school education, with the maximum safety precautions. 16. The contribution which museums can make to school and adult education should be recognized and encouraged. It should furthermore be systematized by the establishment of appropriate bodies responsible for establishing oﬃcial and regular liaison between local educational leaders and museums which, owing to the nature of their collections, are of particular interest to schools. This cooperation might take the following forms: (a) each museum might have on its staﬀ educational specialists, to organize, under the curator’s supervision, the use of the museum for educational purposes; (b) museums might set up educational departments, which would call on the services of teachers; (c) joint committees of curators and teachers might be established at local, regional or provincial level to ensure that the best use is made of museums for educational purposes; (d) any other measures which would coordinate the demands of education and the resources of museums. 17. Member States should promote (in particular by granting legal facilities) the establishment and development of associations of friends of the museum or similar associations able to lend their moral and material support to museums. These associations should be granted such powers and privileges as they require to fulﬁl their purpose. 18. Member States should encourage the development of museum clubs to encourage young people to take part in various museum activities. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its eleventh session, which was held in Paris and declared closed the ﬁfteenth day of December 1960. IN FAITH WHEREOF, we have appended our signatures this ﬁfteenth day of December 1960. The President of the General Conference The Director-General

Recommendations Adopted by the General Conference

357

Recommendation against Discrimination in Education adopted by the General Conference of UNESCO at its 11th session, Paris, 14 December 1960 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 14 November to 15 December 1960, at its eleventh session, Recalling that the Universal Declaration of Human Rights asserts the principle of nondiscrimination and proclaims that every person has the right to education, Considering that discrimination in education is a violation of rights enunciated in that Declaration, Considering that, under the terms of its Constitution, the United Nations Educational, Scientiﬁc and Cultural Organization has the purpose of instituting collaboration among the nations with a view to furthering for all universal respect for human rights and equality of educational opportunity, Recognizing that, consequently, the United Nations Educational, Scientiﬁc and Cultural Organization, while respecting the diversity of the national educational systems, has the duty not only to proscribe any form of discrimination in education but also to promote equality of opportunity and treatment for all in education, Having before it proposals concerning the diﬀerent aspects of discrimination in education, constituting item 17.1.4 of the agenda of the session, Having decided at its tenth session that this question should be made the subject of an international convention as well as of recommendations to Member States, Adopts this Recommendation on the fourteenth day of December 1960. The General Conference recommends that Member States should apply the following provisions by taking whatever legislative or other steps may be required to give eﬀect, within their respective territories, to the principles set forth in this Recommendation.

I 1. For the purposes of this Recommendation, the term ‘discrimination’ includes any distinction, exclusion, limitation or preference which, being based on race, colour, sex, language, religion, political or other opinion, national or social origin, economic condition or birth, has the purpose or eﬀect of nullifying or impairing equality of treatment in education and, in particular: (a) of depriving any person or group of persons of access to education of any type or at any level; (b) of limiting any person or group of persons to education of an inferior standard;

358

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(c)

(d)

subject to the provisions of section II of this Recommendation, of establishing or maintaining separate educational systems or institutions for persons or groups of persons; or of inﬂicting on any person or group of persons conditions which are incompatible with the dignity of man.

2. For the purposes of this Recommendation, the term ‘education’ refers to all types and levels of education, and includes access to education, the standard and quality of education, and the conditions under which it is given.

II When permitted in a State, the following situations shall not be deemed to constitute discrimination, within the meaning of section I of this Recommendation: (a) the establishment or maintenance of separate educational systems or institutions for pupils of the two sexes, if these systems or institutions oﬀer equivalent access to education, provide a teaching staﬀ with qualiﬁcations of the same standard as well as school premises and equipment of the same quality, and aﬀord the opportunity to take the same or equivalent courses of study; (b) the establishment or maintenance, for religious or linguistic reasons, of separate educational systems or institutions oﬀering an education which is in keeping with the wishes of the pupil’s parents or legal guardians, if participation in such systems or attendance at such institutions is optional and if the education provided conforms to such standards as may be laid down or approved by the competent authorities, in particular for education of the same level; (c) the establishment or maintenance of private educational institutions, if the object of the institutions is not to secure the exclusion of any group but to provide educational facilities in addition to those provided by the public authorities, if the institutions are conducted in accordance with that object, and if the education provided conforms with such standards as may be laid down or approved by the competent authorities, in particular for education of the same level.

III In order to eliminate and prevent discrimination within the meaning of this Recommendation, Member States should: (a) abrogate any statutory provisions and any administrative instructions and discontinue any administrative practices which involve discrimination in education; (b) ensure, by legislation where necessary, that there is no discrimination in the admission of pupils to educational institutions; (c) not allow any diﬀerences of treatment by the public authorities between nationals, except on the basis of merit or need, in the matter of school fees and the grant of

Recommendations Adopted by the General Conference

(d)

(e)

359

scholarships or other forms of assistance to pupils and necessary permits and facilities for the pursuit of studies in foreign countries; not allow, in any form of assistance granted by the public authorities to educational institutions, any restriction or preference based solely on the ground that pupils belong to a particular group; give foreign nationals resident within their territory the same access to education as that given to their own nationals.

IV Member States should furthermore formulate, develop and apply a national policy which, by methods appropriate to the circumstances and to national usage, will tend to promote equality of opportunity and of treatment in the matter of education and, in particular: (a) to make primary education free and compulsory; make secondary education in its diﬀerent forms generally available and accessible to all; make higher education equally accessible to all on the basis of individual capacity; assure compliance by all with the obligation to attend school prescribed by law; (b) to ensure that the standards of education are equivalent in all public educational institutions of the same level, and that the conditions relating to the quality of the education provided are also equivalent; (c) to encourage and intensify, by appropriate methods, the education of persons who have not received any primary education, or who have not completed the entire primary education course, and the continuation of their education on the basis of individual capacity; (d) to provide training for the teaching profession without discrimination.

V Member States should take all necessary measures to ensure the application of the following principles: (a) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms; it shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. (b) It is essential to respect the liberty of parents and, where applicable, of legal guardians, ﬁrstly, to choose for their children institutions other than those maintained by the public authorities but conforming to such minimum educational standards as may be laid down or approved by the competent authorities, and, secondly, to ensure, in a manner consistent with the procedures followed in the State for the application of its legislation, the religious and moral education of the children in conformity with their own convictions; and no person

360 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(c)

or group of persons should be compelled to receive religious instruction inconsistent with his or their convictions. It is essential to recognize the right of members of national minorities to carry on their own educational activities, including the maintenance of schools and, depending on the educational policy of each State, the use or the teaching of their own language, provided however: (i) that this right is not exercised in a manner which prevents the members of these minorities from understanding the culture and language of the community as a whole and from participating in its activities, or which prejudices national sovereignty; (ii) that the standard of education is not lower than the general standard laid down or approved by the competent authorities; and (iii) that attendance at such schools is optional.

VI In the application of this Recommendation, Member States should pay the greatest attention to any recommendations hereafter adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization deﬁning the measures to be taken against the diﬀerent forms of discrimination in education and for the purpose of ensuring equality of opportunity and of treatment in education.

VII Member States should in their periodic reports submitted to the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, on dates and in a manner to be determined by it, give information on the legislative and administrative provisions which they have adopted and other action which they have taken for the application of this Recommendation, including that taken for the formulation and the development of the national policy deﬁned in section IV, as well as the results achieved and the obstacles encountered in the application of that policy. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its eleventh session, which was held in Paris and declared closed the ﬁfteenth day of December 1960. IN FAITH WHEREOF, we have appended our signatures this ﬁfteenth day of December 1960. The President of the General Conference The Director-General

Recommendations Adopted by the General Conference

361

Recommendation concerning the Safeguarding of the Beauty and Character of Landscapes and Sites adopted by the General Conference of UNESCO at its 12th session, Paris, 11 December 1962 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 9 November to 12 December 1962, in its twelfth session, Considering that at all periods men have sometimes subjected the beauty and character of landscapes and sites forming part of their natural environment to damage which has impoverished the cultural, aesthetic and even vital heritage of whole regions in all parts of the world, Considering that, by the cultivation of virgin land, the sometimes ill-regulated development of urban centres, the carrying out of extensive works and vast plans for industrial and commercial development and equipment, modern civilizations have accelerated this trend whose progress was relatively slow up to the last century, Considering that this phenomenon aﬀects the aesthetic value of landscapes and sites, natural or man-made, and the cultural and scientiﬁc importance of wild life, Considering that, on account of their beauty and character, the safeguarding of landscapes and sites, as deﬁned in this Recommendation, is necessary to the life of men for whom they represent a powerful physical, moral and spiritual regenerating inﬂuence, while at the same time contributing to the artistic and cultural life of peoples, as innumerable and universally known examples bear witness, Considering furthermore that landscapes and sites are an important factor in the economic and social life of many countries, and are largely instrumental in ensuring the health of their inhabitants, Recognizing, however, that due account should be taken of the needs of community life, its evolution and the rapid development of technical progress, Considering, therefore, that it is highly desirable and urgent to consider and adopt the necessary steps with a view to safeguarding the beauty and character of landscapes and sites everywhere, whenever it is still possible to do so, Having before it proposals concerning the safeguarding of the beauty and character of landscapes and sites, this question forming item 17.4.2 of the session’s agenda, Having decided at its eleventh session that proposals on this item should be the subject of an international instrument in the form of a recommendation to Member States, Adopts, on this eleventh day of December 1962, this Recommendation. The General Conference recommends that Member States should apply the following provisions by adopting, in the form of a national law or in some other way, measures designed to give

362

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

eﬀect, in the territories under their jurisdiction, to the norms and principles embodied in this Recommendation. The General Conference recommends that Member States should bring this Recommendation to the attention of the authorities and bodies concerned with the protection of landscapes and sites and with regional development, and of bodies entrusted with the protection of nature and the development of the tourist trade, together with youth organizations. The General Conference recommends that Member States should, on dates and in a form to be determined, submit to it reports concerning the implementation of this Recommendation.

I. Deﬁnition 1. For the purpose of this Recommendation, the ‘safeguarding’ of the beauty and character of landscapes and sites is taken to mean the preservation and, where possible, the restoration of the aspect of natural, rural and urban landscapes and sites, whether natural or man-made, which have a cultural or aesthetic interest, or form typical natural surroundings. 2. The provisions of this Recommendation are also intended to supplement measures for the protection of nature.

II. General principles 3. The studies and measures to be adopted with a view to the safeguarding of landscapes and sites should extend to the whole territory of a State, and should not be conﬁned to certain selected landscapes or sites. 4. In choosing the measures to be adopted, due account should be taken of the relative signiﬁcance of the landscapes and sites concerned. These measures might vary in accordance with the character and size of the landscapes and sites, their location and the nature of the dangers with which they are threatened. 5. Protection should not be limited to natural landscapes and sites, but should also extend to landscapes and sites whose formation is due wholly or in part to the work of man. Thus, special provisions should be made to ensure the safeguarding of certain urban landscapes and sites which are, in general, the most threatened, especially by building operations and land speculation. Special protection should be accorded to the approaches to monuments. 6. Measures taken for the safeguarding of landscapes and sites should be both preventive and corrective. 7. Preventive measures should be aimed at protecting sites from dangers which may threaten them. These measures should include, in particular, the supervision of works and activities likely to damage landscapes and sites, for example:

Recommendations Adopted by the General Conference

(a)

(b) (c) (d) (e) (f) (g) (h) (i) (j) (k)

363

the construction of all types of public and private buildings: these should be designed so as to meet certain aesthetic requirements in respect of the building itself and, while avoiding a facile imitation of certain traditional and picturesque forms, should be in harmony with the general atmosphere which it is desired to safeguard; the construction of roads; high- or low-tension electric lines, power production and transmission plant and equipment, aerodromes, broadcasting and television stations, etc.; petrol ﬁlling stations; advertising hoardings and illuminated signs; deforestation, including the destruction of trees contributing to the beauty of the landscape, particularly those lining thoroughfares or avenues; pollution of the air and water; working of mines and quarries and the disposal of their waste products; piping of spring water, irrigation works, dams, channels, aqueducts, river regulation works, etc.; camping; dumping of worn-out material and waste, and domestic, commercial or industrial scrap.

8. In safeguarding the beauty and character of landscapes and sites, allowance should also be made for the dangers resulting from certain forms of work and certain activities of present-day life, by reason of the noise which they occasion. 9. Activities likely to mar landscapes or sites in areas that are scheduled, or protected in some other way, should be sanctioned only if the public or social welfare imperatively requires it. 10. Corrective measures should be aimed at repairing the damage caused to landscapes and sites and, as far as possible, restoring them to their original condition. 11. In order to facilitate the task of the various public services responsible for the safeguarding of landscapes and sites in each State, scientiﬁc research institutes should be set up to cooperate with the competent authorities with a view to the alignment and codiﬁcation of the laws and regulations applicable in this matter. These provisions and the results of the work carried out by the research institutes should be published in a single administrative publication brought periodically up to date.

III. Protective measures 12. The safeguarding of landscapes and sites should be ensured by use of the following methods: (a) general supervision by the responsible authorities; (b) insertion of obligations into urban development plans and planning at all levels: regional, rural and urban; (c) scheduling of extensive landscapes ‘by zones’;

364

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(d) (e) (f)

scheduling of isolated sites; creation and maintenance of natural reserves and national parks; acquisition of sites by communities.

General supervision 13. General supervision should be exercised over works and activities likely to damage landscapes and sites throughout the whole territory of the State.

Town planning and rural planning schemes 14. Urban and rural planning schemes should embody provisions deﬁning the obligations which should be imposed to ensure the safeguarding of landscapes and sites, even unscheduled ones, situated on the territory aﬀected. Expropriation by the authorities, together with the carrying out of public works in a scheduled site, should be subject to the agreement of the authorities. 15. Urban and rural planning schemes should be drawn up in order of urgency, speciﬁcally for towns or regions in process of rapid development, where the protection of the aesthetic or picturesque character of the town or region justifies the establishment of such schemes.

Scheduling of extensive landscapes ‘by zones’ 16. Extensive landscapes should be scheduled ‘by zones’. 17. When, in a scheduled zone, the aesthetic character is of prime importance, scheduling ‘by zones’ should involve control of plots and observation of certain general requirements of an aesthetic order covering the use of materials, and their colour, height standards, precautions to be taken to conceal disturbances of the soil resulting from the construction of dams and the operation of quarries, and regulations governing the cutting down of trees, etc. 18. Scheduling ‘by zones’ should be publicized, and general rules to be observed for the safeguarding of scheduled landscapes should be enacted and made public. 19. Scheduling ‘by zones’ should not, as a rule, involve payment of compensation.

Scheduling of isolated sites 20. Isolated small sites, whether natural or urban, together with portions of a landscape of particular interest, should be scheduled. Areas which provide a ﬁne view, and areas and buildings surrounding an outstanding monument should also be scheduled. Each of these scheduled sites, areas and buildings should be the subject of a special administrative decision of which the owner should be duly notiﬁed. 21. Scheduling should mean that the owner is prohibited from destroying the site, or altering its condition or aspect, without permission from the authorities responsible for its protection.

Recommendations Adopted by the General Conference

365

22. When such permission is granted, it should be accompanied by all the conditions necessary to the safeguarding of the site. No permission should be needed, however, for normal agricultural activities, nor for normal maintenance work on buildings. 23. Expropriation by the authorities, together with the carrying out of public works in a scheduled site, should be subject to the agreement of the authorities responsible for its protection. No one should be able to acquire, by prescription, within a scheduled site, rights likely to change the character or aspect of the site. No conventionary rights should be granted by the owner without the agreement of the responsible authorities. 24. Scheduling should involve a prohibition on the pollution of the ground, air or water in any way whatsoever, while the extraction of minerals should likewise be subject to special permission. 25. All advertising should be forbidden in a scheduled area and its immediate surroundings, or be limited to special emplacements to be decided by the authorities responsible for the protection of the site. 26. Permission to camp in a scheduled site should, in principle, be refused, or granted only within an area ﬁxed by the responsible authorities and subject to their inspection. 27. Scheduling of a site may entitle the owner to compensation in cases of direct and deﬁnite prejudice resulting therefrom.

Natural reserves and national parks 28. When conditions are suitable, Member States should incorporate, in the zones and sites to be protected, national parks intended for the education and recreation of the public, or natural reserves, strict or special. Such natural reserves and national parks should form a group of experimental zones intended also for research into the formation and restoration of the landscape and the protection of nature.

Acquisition of sites by communities 29. Member States should encourage the acquisition by communities of areas forming part of a landscape or site which it is desired to protect. When necessary, it should be possible to eﬀect such acquisition by expropriation.

IV. Application of protective measures 30. The fundamental norms and principles governing the protection of landscapes and sites in each Member State should have the force of law, and the measures for their application should be entrusted to the responsible authorities within the framework of the powers conferred on them by law. 31. Member States should set up specialized bodies of an administrative or advisory nature.

366

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

32. The administrative bodies should be specialized central or regional departments entrusted with carrying out protective measures. Accordingly, those departments should be in a position to study problems of protection and scheduling, to undertake surveys on the spot, to prepare decisions to be taken and to supervise their implementation. They should likewise be entrusted with proposing measures designed to reduce the dangers which may be involved in carrying out certain types of work or repairing damage caused by such work. 33. The advisory bodies should consist of commissions, at national, regional or local level, entrusted with the task of studying questions relating to protection and giving their opinion on those questions to the central or regional authorities or to the local communities concerned. The opinion of these commissions should be sought in all cases and in good time, particularly at the stage of preliminary planning, in the case of large-scale works of public interest, such as the building of highways, the setting up of hydro-technical or new industrial installations, etc. 34. Member States should facilitate the formation and operation of national and local non-governmental bodies, one of whose functions would be to collaborate with the bodies mentioned in paragraphs 31, 32 and 33, particularly by informing the public and warning the appropriate departments of dangers threatening landscapes and sites. 35. Violation of the rules governing the protection of landscapes and sites should involve payment of damages or the obligation to restore the site to its former condition, as far as possible. 36. Administrative or criminal prosecutions should be provided for in the case of deliberate damage to protected landscapes and sites.

V. Education of the public 37. Educational action should be taken in school and out of school with a view to arousing and developing public respect for landscapes and sites and publicizing the regulations laid down to ensure their protection. 38. Teachers to be entrusted with this task in schools should undergo special training in the form of specialized courses in institutions of secondary and higher education. 39. Member States should also facilitate the work of existing museums, with a view to intensifying the educational action they have already undertaken to this end, and should consider the possibility of establishing special museums, or specialized departments in existing museums, for the study and display of the natural and cultural features of particular regions. 40. The education of the public outside schools should be the task of the press, of private associations for the protection of landscapes and sites or for the protection of nature, of bodies concerned with the tourist trade, and of youth or popular education organizations.

Recommendations Adopted by the General Conference

367

41. Member States should facilitate the education of the public and promote the work of associations, bodies and organizations devoted to this task by the supply of material assistance and by making available to them, and to educationists in general, appropriate publicity media, such as ﬁlms, radio and television programmes, material for permanent, temporary or mobile exhibitions, and pamphlets and books suitable for wide distribution and planned on educational lines. Wide publicity could be provided through journals and magazines and regional periodicals. 42. National and international ‘days’, competitions and similar occasions should be devoted to encouraging the appreciation of natural or man-made landscapes and sites in order to direct public attention to the fact that the protection of their beauty and character is of prime importance to the community. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its twelfth session, which was held in Paris and declared closed the twelfth day of December 1962. IN FAITH WHEREOF, we have appended our signatures this eighteenth day of December 1962. The President of the General Conference The Director-General

368

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Recommendation concerning the International Standardization of Statistics relating to Book Production and Periodicals adopted by the General Conference of UNESCO at its 13th session, Paris, 19 November 1964 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, at its thirteenth session, held in Paris from 20 October to 20 November 1964, Considering that under Article IV, paragraph 4, of the Constitution, the Organization may prepare and adopt instruments for the international regulation of questions falling within its competence, Considering that Article VIII of the Constitution of UNESCO provides that ‘each Member State shall report periodically to the Organization, in a manner to be determined by the General Conference, on its laws, regulations and statistics relating to educational, scientific and cultural life and institutions, and on the action taken upon the recommendations and conventions referred to in Article IV, paragraph 4’, Convinced that it is highly desirable for the national authorities responsible for collecting and communicating statistics relating to book production and periodicals to be guided by certain standards in the matter of deﬁnitions, classiﬁcations and tabulations, in order to improve the international comparability of such statistics, Having before it, as item 15.3.2 of the agenda of the session, proposals concerning the international standardization of statistics relating to book production and periodicals, Having decided at its twelfth session that these proposals should be incorporated in an international instrument, to take the form of a recommendation to Member States, Adopts this Recommendation this nineteenth day of November 1964. The General Conference recommends, with a view to the compilation of international statistics, that Member States apply the following provisions concerning deﬁnitions, classiﬁcations and tabulations of statistics relating to book production and periodicals, by adopting measures, in the form of a national law or otherwise, to give eﬀect, within the territories under their jurisdiction, to the standards and principles formulated in this Recommendation. The General Conference recommends that Member States bring this Recommendation to the attention of authorities and services responsible for collecting and communicating statistics relating to book production and periodicals. The General Conference recommends that Member States forward to it, by the dates and in the form which it shall prescribe, reports concerning action taken by them upon this Recommendation.

Recommendations Adopted by the General Conference

369

I. Scope and general deﬁnitions 1. The statistics referred to in this Recommendation should cover printed periodical and non-periodical publications which are published in a particular country and made available to the public, and, in general, are publications which should be included in the national bibliographies of the various countries. 2. The following publications should be excluded from the statistics mentioned in this Recommendation: (a) Publications issued for advertising purposes, provided that the literary or scientiﬁc text is subsidiary and that the publications are distributed free of charge: (i) trade catalogues, prospectuses and other types of commercial, industrial and tourist advertising; (ii) publications describing activities or technical progress in some branch of industry or commerce and drawing attention to the products or services supplied by the publisher; (b) Publications belonging to the following categories, when they are considered to be of a transitory character: (i) timetables, price lists, telephone directories, etc.; (ii) programmes of entertainments, exhibitions, fairs, etc.; (iii) regulations and reports of business ﬁrms, company directives, circulars, etc.; (iv) calendars, almanacs, etc. (c) Publications belonging to the following categories in which the text is not the most important part: (i) musical works (scores or music books), provided that the music is more important than the words; (ii) maps and charts, with the exception of atlases: for example, astronomical charts, hydrographic, geographical and wall maps, road maps, geological surveys in map form and topographical plans. 3. In compiling the statistics referred to in this Recommendation, the following deﬁnitions should be used: (a) A publication is considered to be non-periodical if it is published at one time, or, at intervals, by volumes, the number of which is generally determined in advance. (b) A publication is considered to be a periodical if it constitutes one issue in a continuous series under the same title, published at regular or irregular intervals, over an indefinite period, individual issues in the series being numbered consecutively or each issue being dated. (c) The term printed includes reproduction by any method of mechanical impression, whatever it may be. (d) A publication is considered to be published in a particular country if the publisher has his registered oﬃce in the country where the statistics are compiled, the place of printing or place of circulation here being irrelevant. When a publication is issued by one or more publishers who have registered oﬃces in two or more

370

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(e)

countries, it is considered as having been published in the country or countries where it is issued. A publication is considered as being made available to the public when it is obtainable either by purchase or by distribution free of charge. Publications intended for a restricted readership, such as certain government publications, those of learned societies, political or professional organizations, etc., are also considered as being available to the public.

II. Book production statistics Scope 4. The book production statistics referred to in this Recommendation should cover nonperiodical publications corresponding to the characteristics and definitions given in paragraphs 1 and 3 above, with the exception of the publications listed in paragraph 2 above. 5. The following types of publication, inter alia, should be included in book production statistics: (a) Government publications, i.e. publications issued by public administrations or their subsidiary bodies, except for those which are conﬁdential or designed for internal distribution only; (b) School textbooks, i.e. books prescribed for pupils receiving education at the ﬁrst and second level as deﬁned in the Recommendation concerning the International Standardization of Educational Statistics adopted by the General Conference on 3 December 1958; (c) University theses; (d) Oﬀprints, i.e. reprints of a part of a book or a periodical already published, provided that they have a title and a separate pagination and that they constitute a distinct work; (e) Publications which form part of a series, but which constitute separate bibliographical units; (f) Illustrated works: (i) collections of prints, reproductions of works of art, drawings, etc., when such collections form complete, paginated volumes and when the illustrations are accompanied by an explanatory text, however short, referring to these works or to the artists themselves; (ii) albums, illustrated books and pamphlets written in the form of continuous narratives, with pictures illustrating certain episodes; (iii) albums and picture books for children.

Definitions 6. The following deﬁnitions are without prejudice to existing international agreements and should be used for the particular purpose of drawing up the book production statistics referred to in this Recommendation:

Recommendations Adopted by the General Conference

(a) (b)

(c) (d) (e)

(f) (g)

371

A book is a non-periodical printed publication of at least forty-nine pages, exclusive of the cover pages, published in the country and made available to the public. A pamphlet is a non-periodical printed publication of at least ﬁve but not more than forty-eight pages, exclusive of the cover pages, published in a particular country and made available to the public. A ﬁrst edition is the ﬁrst publication of an original or translated manuscript. A re-edition is a publication distinguished from previous editions by changes made in the contents (revised edition) or layout (new edition). A reprint is unchanged in contents and layout, apart from correction of typographical errors in the previous edition. A reprint by any publisher other than the original publisher is regarded as a re-edition. A translation is a publication which reproduces a work in a language other than the original language. A title is a term used to designate a printed publication which forms a separate whole, whether issued in one or several volumes.

7. Book production statistics should indicate the number of titles and, if possible, the number of copies of published works. Countries not able to supply information on the number of copies produced may, as an interim measure, supply information on number of copies sold or otherwise distributed. (a) When a work is published in several volumes (not having separate titles) appearing over a period of several years, the work is counted each year as a single unit, whatever the number of volumes published in one year may be. (b) However, the volume, rather than the title, should be taken as the statistical unit in the following cases: (i) when two or more separate works are published under the same cover and form a single publication (complete works of an author, selected plays by various authors, etc.); (ii) when a work appears in several volumes, each volume having a diﬀerent title and forming a separate whole. 8. Reprints should not be counted in the number of titles, but only in the number of copies, as provided in paragraph 11, sub-paragraphs (a) and (b) below.

Classification 9. Book production statistics should, in the ﬁrst place, be classiﬁed by subject groups. Until another classiﬁcation system has been evolved and adopted, the classiﬁcation given below, which is based upon the Universal Decimal Classiﬁcation (UDC) and has twenty-three groups (the ﬁgures given in parentheses refer to the corresponding UDC headings), is the one which should be used: 1. Generalities (0); 2. Philosophy, psychology (1); 3. Religion, theology (2); 4. Sociology, statistics (30–31); 5. Political science, political economy (32–33); 6. Law, public administration, welfare, social relief, insurance (34, 351–354, 36); 7. Military art and science (355–359); 8. Education (37); 9. Trade, communications, transport (38); 10. Ethnography, manners and customs, folklore (39); 11. Linguistics, philology (4);

372

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

12. Mathematics (51); 13. Natural sciences (52–59); 14. Medical sciences, public health (61); 15. Technology, industries, trades and crafts (62, 66–69); 16. Agriculture, forestry, stockbreeding, hunting, ﬁshing (63); 17. Domestic science (64); 18. Commercial and business management techniques, communications, transport (65); 19. Town planning, architecture, plastic arts, minor arts, photography, music, ﬁlm, cinema, theatre, radio, television (70–78, 791 792); 20. Entertainment, pastimes, games, sports (790, 793–799); 21. Literature (8): (a) History of literature and literary criticism, (b) Literary texts; 22. Geography, travel (91); 23. History, biography (92–99). School textbooks and children’s books already identiﬁed in the above-mentioned subject groups should also be counted separately in the two following additional groups: (a) school textbooks, and (b) children’s books. 10. Each of these groups should be subdivided as follows: (a) According to the number of the publication’s pages, into: (i) books, and (ii) pamphlets; (b) According to language: (i) for the total production of publications, by language of publication; (ii) for translations only, by original language; bilingual or multilingual works should form a separate group, namely: ‘works in two or more languages’; (c) According to order of publication, into: (i) ﬁrst editions, and (ii) re-editions, as provided in paragraph 11(a) and (b).

Tables 11. Tables containing the types of data indicated below should be drawn up annually, and the information given should conform to the deﬁnitions and classiﬁcations set forth in the preceding paragraphs. Attention should be drawn to any diﬀerences between such deﬁnitions and classiﬁcations and those customarily used at the national level. These types of data are: (a) Statistics relating to the total number of titles, classiﬁed by subject and a distinction being made, in each subject, ﬁrstly, between books and pamphlets, and, secondly, between ﬁrst editions and re-editions; (b) Statistics relating to the total number of copies classiﬁed by subject and a distinction being made, in each subject, between books and pamphlets; it would be desirable, so far as possible, to make a further distinction between ﬁrst editions (and reprints counted with them) and re-editions (and reprints counted with them); (c) Statistics relating to the total number of titles, classiﬁed both by subject and by language of publication; (d) Statistics relating to the total number of copies, classiﬁed by subject and by language of publication; (e) Statistics relating to translations: total number of titles, classiﬁed both by subject and by original language; (f) Statistics relating to translations: total number of copies, classiﬁed both by subject and by original language.

Recommendations Adopted by the General Conference

373

III. Statistics of periodicals Scope 12. Statistics of the periodicals referred to in this Recommendation should cover all periodicals corresponding to the characteristics and deﬁnitions mentioned in paragraphs 1 and 3 above, with the exception of the publications listed in paragraph 2 above. 13. The following categories of publications, inter alia, should be counted in statistics of periodicals: (a) Government periodicals, i.e. periodicals published by public administrations or their subsidiary bodies, including compilations of laws, regulations, etc., except for those which are conﬁdential or designed for internal distribution only; (b) Academic and scientiﬁc journals, i.e. university journals, the publications of research institutes and other learned or cultural societies, etc.; (c) Periodicals of professional, trade union, political or sports organizations, etc., even if they are distributed only to their own members; (d) Publications appearing annually or less frequently; (e) Parish magazines; (f) School magazines and school newspapers; (g) ‘House organs’, i.e. publications intended for the employees of an industrial or commercial ﬁrm or some similar enterprise, or for the clients of the ﬁrms; (h) Entertainment, radio and television programmes, if the literary text in them is substantial.

Definitions 14. The following deﬁnitions should be used in compiling statistics of periodicals referred to in this Recommendation: (a) General interest newspapers are periodicals intended for the general public and mainly designed to be a primary source of written information on current events connected with public aﬀairs, international questions, politics, etc. They may also include articles on literary or other subjects, as well as illustrations and advertising. This deﬁnition includes: (i) all general interest newspapers mainly reporting events that have occurred in the 24-hour period before going to press, whether they be dailies or not (Sunday newspapers, for instance); (ii) non-daily general interest newspapers which give news covering a longer period but which, either owing to their local nature or for other reasons, provide their readers with a primary source of general information. (b) Other periodicals are those which are either concerned with subjects of very general interest or else mainly publish studies and factual information on such specialized subjects as legislation, ﬁnance, trade, medicine, fashion, sports, etc. This deﬁnition covers specialized journals, reviews, including those reviews dealing with current events whose aim is to select, condense or comment on facts which have already been reported in general interest newspapers, magazines and all other periodicals

374

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

apart from general interest newspapers, with the exception of the publications mentioned in paragraph 2 of this Recommendation.

Methods of enumeration 15. Statistics of periodicals should show the total number of publications and, if possible, their circulation. 16. In calculating the total number of periodicals, the following methods should be adopted: (a) The following should not be considered as separate publications: (i) provincial or local editions of the same publication without substantial diﬀerence in news or editorial content; a mere diﬀerence in title or in the local news pages is not suﬃcient for the publication to be considered as a separate newspaper; (ii) supplements not sold separately. (b) On the other hand, publications in the following categories should be considered as separate publications: (i) provincial or local editions differing substantially from the main publication in news or editorial content; (ii) supplements sold separately; (iii) special editions (such as Sunday newspapers, etc.); (iv) morning and evening dailies, provided they have separate titles or constitute separate legal entities; (v) diﬀerent language editions of the same publication, if published in a particular country. 17. Circulation ﬁgures should show the average daily circulation, or the average circulation per issue in the case of non-daily publications. These ﬁgures should include the number of copies sold, either directly or by subscription, plus the number of free copies regularly distributed, both inside the country and abroad, except unsold copies. When circulation data are not available, the number of copies printed should be indicated.

Classification 18. Periodicals should, ﬁrst of all, be subdivided into two categories: general interest newspapers and other periodicals. 19. General interest newspapers: Statistics relating to general interest newspapers should, as far as possible, be classiﬁed as follows: (a) By language: publications issued in bilingual or multilingual editions should be placed in a separate category; (b) By frequency: (i) newspapers published at least four times a week; a distinction should also be made between morning and evening newspapers;

Recommendations Adopted by the General Conference

375

(ii) newspapers published three times a week or less frequently; a distinction should also be made between newspapers published two or three times a week, once a week, or less frequently. 20. Other periodicals: Statistics relating to this category should be classified as follows: (a) By language: publications issued in bilingual or multilingual editions should be placed in a separate category; (b) By frequency: periodicals which appear: (i) at least four times a week, (ii) from one to three times a week, (iii) two or three times a month, (iv) from eight to twelve times a year, (v) from ﬁve to seven times a year, (vi) from two to four times a year, (vii) once a year or at longer intervals, (viii) irregularly. (c) By subject: Until another classiﬁcation system has been evolved and adopted, the classiﬁcation given below, which is based on the Universal Decimal Classiﬁcation (UDC) and contains twenty-three subject groups, should be used for international statistics of periodicals (the ﬁgures given in parentheses refer to the corresponding UDC headings): 1. Generalities (0); 2. Philosophy, psychology (1); 3. Religion, theology (2); 4. Sociology, statistics (30–31); 5. Political science, political economy (32–33); 6. Law, public administration, welfare, social relief, insurance (34, 351–354, 36); 7. Military art and science (355–359); 8. Education (37); 9. Trade, communications, transport (38); 10. Ethnography, manners and customs, folklore (39); 11. Linguistics, philology (4); 12. Mathematics (51); 13. Natural sciences (52–59); 14. Medical sciences, public health (61); 15. Technology, industries, trades and crafts (62, 66–69); 16. Agriculture, forestry, stockbreeding, hunting, ﬁshing (63); 17. Domestic science (64); 18. Commercial and business management techniques, communications, transport (65); 19. Town planning, architecture, plastic arts, minor arts, photography, music, ﬁlm, cinema, theatre, radio, television (70–78, 791792); 20. Entertainment, pastimes, games, sports (790, 793–799); 21. Literature (8); 22. Geography, travel (91); 23. History, biography (92–99). (d) The publications in the classiﬁcation below will not be counted according to the twenty-three groups listed above, but should be counted as a separate classiﬁcation: (i) children’s and adolescents’ magazines, (ii) comics and humour magazines, (iii) parish magazines, (iv) school magazines and school newspapers, (v) ‘house organs’.

376

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Tables 21. Tables containing the types of data indicated below should be drawn up annually and the information given should conform as far as possible to the deﬁnitions and classiﬁcations set forth in the preceding paragraphs. Attention should be drawn to any diﬀerences between such deﬁnitions and classiﬁcations and those customarily used at the national level. These types of data are: (a) General interest newspapers and other periodicals: statistics of the total number of publications and their circulation, classiﬁed by frequency and by main language of publication; (b) Other periodicals: statistics of the total number of periodicals and their circulation, classiﬁed by subject group and by frequency of publication. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its thirteenth session, which was held in Paris and declared closed the twentieth day of November 1964. IN FAITH WHEREOF, we have appended our signatures this twenty-ﬁrst day of November 1964. The President of the General Conference The Director-General

Recommendations Adopted by the General Conference

377

Recommendation on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property adopted by the General Conference of UNESCO at its 13th session, Paris, 19 November 1964 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 20 October to 20 November 1964, at its thirteenth session, Being of the opinion that cultural property constitutes a basic element of civilization and national culture, and that familiarity with it leads to understanding and mutual appreciation between nations, Considering that it is incumbent upon every State to protect the cultural property existing within its territory, and which constitutes its national heritage, against the dangers resulting from illicit export, import and transfer of ownership, Considering that, to avert these dangers, it is essential for every Member State to become increasingly alive to the moral obligations to respect its own cultural heritage and that of all nations, Considering that the objectives in view cannot be achieved without close collaboration among Member States, Convinced that steps should be taken to encourage the adoption of appropriate measures and to improve the climate of international solidarity without which the objectives in view would not be attained, Having before it proposals for international regulations to prohibit and prevent the illicit export, import and transfer of ownership of cultural property, which constitutes item 15.3.3 on the agenda of the session, Having decided, at its twelfth session, that these proposals should be regulated at the international level by way of a recommendation to Member States, while expressing the hope that an international convention may be adopted as soon as possible, Adopts, this nineteenth day of November 1964, this Recommendation. The General Conference recommends that Member States should apply the following provisions by taking whatever legislative or other steps may be required to give eﬀect, within their respective territories, to the principles and norms formulated in this Recommendation. The General Conference recommends that Member States should bring this Recommendation to the knowledge of authorities and organizations concerned with the protection of cultural property.

378

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

The General Conference recommends that Member States should report to it, on dates and in a manner to be determined by it, on the action which they have taken to give eﬀect to this Recommendation.

I. Deﬁnition 1. For the purpose of this Recommendation, the term ‘cultural property’ means movable and immovable property of great importance to the cultural heritage of a country, such as works of art and architecture, manuscripts, books and other property of artistic, historical or archaeological interest, ethnological documents, type specimens of ﬂora and fauna, scientiﬁc collections and important collections of books and archives, including musical archives. 2. Each Member State should adopt whatever criteria it deems most suitable for deﬁning which items of cultural property within its territory should receive the protection envisaged in this Recommendation by reason of their great importance.

II. General principles 3. To ensure the protection of its cultural heritage against all dangers of impoverishment, each Member State should take appropriate steps to exert eﬀective control over the export of cultural property as deﬁned in paragraphs 1 and 2. 4. No import of cultural property should be authorized until such property has been cleared from any restrictions on the part of the competent authorities in the exporting State. 5. Each Member State should take appropriate steps to prevent the illicit transfer of ownership of cultural property. 6. Each Member State should lay down rules governing the application of the above principles. 7. Any export, import or transfer of ownership eﬀected contrary to the rules adopted by each Member State in accordance with paragraph 6 should be regarded as illicit. 8. Museums, and in general all services and institutions concerned with the conservation of cultural property, should refrain from purchasing any item of cultural property obtained through an illicit export, import or transfer of ownership. 9. In order to encourage and facilitate legitimate exchange of cultural property, Member States should strive to make available to public collections in other Member States, by sale or exchange, objects of the same type as those the export or transfer of ownership of which cannot be authorized, or certain of the latter objects, on loan or deposit.

Recommendations Adopted by the General Conference

379

III. Measures recommended Recognition and national inventory of cultural property 10. To ensure more eﬀective application of the above general principles, each Member State should, as far as possible, devise and apply procedures for the recognition of the cultural property, as deﬁned in paragraphs 1 and 2 above, which exists within its territory, and draw up a national inventory of such property. The inclusion of a cultural object in this inventory should produce no change in the legal ownership of that object; in particular, a cultural object in private ownership should remain such even after inclusion in the national inventory. This inventory would not be of a restrictive character.

Institutions for the protection of cultural property 11. Each Member State should provide that the protection of cultural property shall be the concern of appropriate oﬃcial bodies and, if necessary, should set up a national service for the protection of cultural property. Although diﬀerences of constitutional provisions and tradition and disparity of resources preclude the adoption by all Member States of a uniform structure, certain common principles, set forth below, should nevertheless be adopted, if the creation of a national service for the protection of cultural property be considered necessary: (a) The national service for the protection of cultural property should, as far as possible, take the form of a State-operated administrative service, or a body operating in accordance with the national law, with the necessary administrative, technical and ﬁnancial means to exercise its functions eﬀectively. (b) The functions of the national service for the protection of cultural property should include: (i) recognition of the cultural property existing within the territory of the State, and, where appropriate, the establishment and maintenance of a national inventory of such property, in accordance with the provisions of paragraph 10 above; (ii) cooperation with other competent bodies in the control of the export, import and transfer of ownership of cultural property, in accordance with the provisions of section II above; the control of exports would be considerably facilitated if items of cultural property were accompanied, at the time of export, by an appropriate certiﬁcate in which the exporting State would certify that the export of the cultural property is authorized; in case of doubt regarding the legality of the export, the institution entrusted with the protection of cultural property should address itself to the competent institution with a view to conﬁrming the legality of the export. (c) The national service for the protection of cultural property should be empowered to submit proposals to the competent national authorities for any other appropriate legislative or administrative measures for the protection of cultural property,

380 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(d)

including sanctions for the prevention of illicit export, import and transfer of ownership. The national service for the protection of cultural property should be able to call upon experts to advise it on technical problems and to propose solutions in contentious cases.

12. Each Member State should, in so far as necessary, set up a fund or take other appropriate ﬁnancial measures in order to have means necessary to purchase exceptionally important cultural property.

Bilateral and multilateral agreements 13. Whenever necessary or desirable, Member States should conclude bilateral or multilateral agreements, within the framework of regional intergovernmental organizations, for instance, to resolve problems ﬂowing from the export, import or transfer of ownership of cultural property, and more especially in order to secure the restitution of cultural property illicitly exported from the territory of a party to the agreements and located in the territory of another. Such agreements might, where appropriate, be comprised within agreements of wider scope, such as cultural agreements. 14. Whenever necessary or desirable, these bilateral or multilateral agreements should include provisions to the eﬀect that, whenever it is proposed to transfer the ownership of a cultural object, the competent services of each State shall ascertain that there are no grounds for regarding that object as proceeding from a theft, an illicit export or transfer of ownership, or any other operation regarded as illegal under the legislation of the exporting State, for, instance, by requiring the presentation of the certiﬁcate referred to in paragraph 11. Any dubious oﬀer, and any details relating thereto, should be brought to the knowledge of the services concerned. 15. Member States should endeavour to assist each other by exchanging the fruits of their experience in the ﬁelds covered by this Recommendation.

Restitution or return of illicitly exported cultural property 16. Member States, services for the protection of cultural property, museums and, in general, all competent institutions should collaborate with one another in ensuring or facilitating the restitution or return of cultural objects illicitly exported. This restitution or return should be carried out in accordance with the laws in force in the State on whose territory the objects are located.

Publicity in the event of the disappearance of a cultural object 17. The disappearance of any cultural object should, at the request of the State claiming that object, be brought to the knowledge of the public by means of appropriate publicity.

Recommendations Adopted by the General Conference

381

Rights of BONA FIDE purchasers 18. Each Member State should, if necessary, take appropriate measures to provide that its internal laws, or the international conventions to which it may become a party, ensure to the bona ﬁde purchaser of cultural property which is to be restored or returned to the territory of the State from which it had been illegally exported, the possibility of obtaining damages or fair compensation.

Educational action 19. In a spirit of international collaboration, which would take into account both the universal nature of culture and the necessity of exchanges for enabling all to beneﬁt by the cultural heritage of mankind, each Member State should take steps to stimulate and develop among its nationals interest in and respect for the cultural heritage of all nations. Such action should be undertaken by the competent services, in cooperation with the educational services and with the press and other media for the communication and dissemination of information, youth and adult education organizations and groups and individuals concerned with cultural activities. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its thirteenth session, which was held in Paris and declared closed the twentieth day of November 1964. IN FAITH WHEREOF, we have appended our signatures this twenty-ﬁrst day of November 1964. The President of the General Conference The Director-General

382

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Recommendation concerning the Status of Teachers adopted by the Special Intergovernmental Conference on the Status of Teachers, Paris, 5 October 1966 The Special Intergovernmental Conference on the Status of Teachers, Recalling that the right to education is a fundamental human right, Conscious of the responsibility of the States for the provision of proper education for all in fulﬁlment of Article 26 of the Universal Declaration of Human Rights, of Principles 5, 7 and 10 of the Declaration of the Rights of the Child and of the United Nations Declaration concerning the Promotion among Youth of the Ideals of Peace, Mutual Respect and Understanding between Peoples, Aware of the need for more extensive and widespread general and technical and vocational education, with a view to making full use of all the talent and intelligence available as an essential contribution to continued moral and cultural progress and economic and social advancement, Recognizing the essential role of teachers in educational advancement and the importance of their contribution to the development of man and modern society, Concerned to ensure that teachers enjoy the status commensurate with this role, Taking into account the great diversity of the laws, regulations and customs which, in diﬀerent countries, determine the patterns and organization of education, Taking also into account the diversity of the arrangements which in diﬀerent countries apply to teaching staﬀ, in particular according to whether the regulations concerning the public service apply to them, Convinced that in spite of these diﬀerences similar questions arise in all countries with regard to the status of teachers and that these questions call for the application of a set of common standards and measures, which it is the purpose of this Recommendation to set out, Noting the terms of existing international conventions which are applicable to teachers, and in particular of instruments concerned with basic human rights such as the Freedom of Association and Protection of the Right to Organize Convention, 1948, the Right to Organize and Collective Bargaining Convention, 1949, the Equal Remuneration Convention, 1951, and the Discrimination (Employment and Occupation) Convention, 1958, adopted by the General Conference of the International Labour Organization, and the Convention against Discrimination in Education, 1960, adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, Noting also the recommendations on various aspects of the preparation and the status of teachers in primary and secondary schools, adopted by the International Conference on

Recommendations Adopted by the General Conference

383

Public Education convened jointly by the United Nations Educational, Scientiﬁc and Cultural Organization and the International Bureau of Education, and the Recommendation concerning Technical and Vocational Education, 1962, adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, Desiring to supplement existing standards by provisions relating to problems of peculiar concern to teachers and to remedy the problems of teacher shortage, Has adopted this Recommendation.

I. Deﬁnitions 1. For the purpose of the Recommendation: (a) the word ‘teacher’ covers all those persons in schools who are responsible for the education of pupils; (b) the expression ‘status’ as used in relation to teachers means both the standing or regard accorded them, as evidenced by the level of appreciation of the importance of their function and of their competence in performing it, and the working conditions, remuneration and other material beneﬁts accorded them relative to other professional groups.

II. Scope 2. This Recommendation applies to all teachers in both public and private schools up to the completion of the secondary stage of education, whether nursery, kindergarten, primary, intermediate or secondary, including those providing technical, vocational, or art education.

III. Guiding Principles 3. Education from the earliest school years should be directed to the all-round development of the human personality and to the spiritual, moral, social, cultural and economic progress of the community, as well as to the inculcation of deep respect for human rights and fundamental freedoms; within the framework of these values the utmost importance should be attached to the contribution to be made by education to peace and to understanding, tolerance and friendship among all nations and among racial or religious groups. 4. It should be recognized that advance in education depends largely on the qualiﬁcations and ability of the teaching staﬀ in general and on the human, pedagogical and technical qualities of the individual teachers. 5. The status of teachers should be commensurate with the needs of education as assessed in the light of educational aims and objectives; it should be recognized that the proper status

384

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

of teachers and due public regard for the profession of teaching are of major importance for the full realization of these aims and objectives. 6. Teaching should be regarded as a profession: it is a form of public service which requires of teachers expert knowledge and specialized skills, acquired and maintained through rigorous and continuing study; it calls also for a sense of personal and corporate responsibility for the education and welfare of the pupils in their charge. 7. All aspects of the preparation and employment of teachers should be free from any form of discrimination on grounds of race, colour, sex, religion, political opinion, national or social origin, or economic condition. 8. Working conditions for teachers should be such as will best promote eﬀective learning and enable teachers to concentrate on their professional tasks. 9. Teachers’ organizations should be recognized as a force which can contribute greatly to educational advance and which therefore should be associated with the determination of educational policy.

IV. Educational objectives and policies 10. Appropriate measures should be taken in each country to the extent necessary to formulate comprehensive educational policies consistent with the Guiding Principles, drawing on all available resources, human and otherwise. In so doing, the competent authorities should take account of the consequences for teachers of the following principles and objectives: (a) it is the fundamental right of every child to be provided with the fullest possible educational opportunities; due attention should be paid to children requiring special educational treatment; (b) all facilities should be made available equally to enable every person to enjoy his right to education without discrimination on grounds of sex, race, colour, religion, political opinion, national or social origin, or economic condition; (c) since education is a service of fundamental importance in the general public interest, it should be recognized as a responsibility of the State, which should provide an adequate network of schools, free education in these schools, and material assistance to needy pupils; this should not be construed so as to interfere with the liberty of the parents and, when applicable, legal guardians to choose for their children schools other than those established by the State, or so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions which conform to such minimum educational standards as may be laid down or approved by the State; (d) since education is an essential factor in economic growth, educational planning should form an integral part of total economic and social planning undertaken to improve living conditions;

Recommendations Adopted by the General Conference

(e)

(f)

(g) (h)

(i)

(j)

(k)

(l)

385

since education is a continuous process, the various branches of the teaching service should be coordinated so as both to improve the quality of education for all pupils and to enhance the status of teachers; there should be free access to a ﬂexible system of schools, properly interrelated, so that nothing restricts the opportunities for each child to progress to any level in any type of education; as an educational objective, no State should be satisﬁed with mere quantity, but should seek also to improve quality; in education, both long-term and short-term planning and programming are necessary; the eﬃcient integration in the community of today’s pupils will depend more on future needs than on present requirements; all educational planning should include at each stage early provision for the training, and the further training, of suﬃcient numbers of fully competent and qualiﬁed teachers of the country concerned who are familiar with the life of their people and able to teach in the mother tongue; coordinated, systematic and continuing research and action in the ﬁeld of teacher preparation and in-service training are essential, including, at the international level, cooperative projects and the exchange of research ﬁndings; there should be close cooperation between the competent authorities, organizations of teachers, of employers and workers, and of parents, as well as cultural organizations and institutions of learning and research, for the purpose of deﬁning educational policy and its precise objectives; as the achievement of the aims and objectives of education largely depends on the ﬁnancial means made available to it, high priority should be given, in all countries, to setting aside, within the national budgets, an adequate proportion of the national income for the development of education.

V. Preparation for the profession Selection 11. Policy governing entry into preparation for teaching should rest on the need to provide society with an adequate supply of teachers who possess the necessary moral, intellectual and physical qualities and who have the required professional knowledge and skills. 12. To meet this need, educational authorities should provide adequate inducements to prepare for teaching, and suﬃcient places in appropriate institutions. 13. Completion of an approved course in an appropriate teacher-preparation institution should be required of all persons entering the profession. 14. Admission to teacher preparation should be based on the completion of appropriate secondary education, and the evidence of the possession of personal qualities likely to help the persons concerned to become worthy members of the profession.

386 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

15. While the general standards for admission to teacher preparation should be maintained, persons who may lack some of the formal academic requirements for admission, but who possess valuable experience, particularly in technical and vocational fields, may be admitted. 16. Adequate grants or ﬁnancial assistance should be available to students preparing for teaching to enable them to follow the courses provided and to live decently; as far as possible, the competent authorities should seek to establish a system of free teacherpreparation institutions. 17. Information concerning the opportunities and the grants or ﬁnancial assistance for teacher preparation should be readily available to students and other persons who may wish to prepare for teaching. 18. (1) Fair consideration should be given to the value of teacher-preparation programmes completed in other countries as establishing in whole or in part the right to practise teaching. (2) Steps should be taken with a view to achieving international recognition of teaching credentials conferring professional status in terms of standards agreed to internationally.

Teacher-preparation programmes 19. The purpose of a teacher-preparation programme should be to develop in each student his general education and personal culture, his ability to teach and educate others, an awareness of the principles which underlie good human relations, within and across national boundaries, and a sense of responsibility to contribute both by teaching and by example to social, cultural and economic progress. 20. Fundamentally a teacher-preparation programme should include: (a) general studies; (b) study of the main elements of philosophy, psychology, sociology as applied to education, the theory and history of education, and of comparative education, experimental pedagogy, school administration, and methods of teaching the various subjects; (c) studies related to the student’s intended ﬁeld of teaching; (d) practice in teaching and in conducting extra-curricular activities under the guidance of fully qualiﬁed teachers. 21. (1) All teachers should be prepared in general, special and pedagogical subjects in universities, or in institutions on a level comparable to universities, or else in special institutions for the preparation of teachers. (2) The content of teacher-preparation programmes may reasonably vary according to the tasks the teachers are required to perform in diﬀerent types of schools, such as establishments for handicapped children or technical and vocational schools. In the latter case, the programmes might include some practical experience to be acquired in industry, commerce or agriculture.

Recommendations Adopted by the General Conference

387

22. A teacher-preparation programme may provide for a professional course either concurrently with, or subsequent to, a course of personal academic or specialized education or skill cultivation. 23. Education for teaching should normally be full time; special arrangements may be made for older entrants to the profession and persons in other exceptional categories to undertake all or part of their course on a part-time basis, on condition that the content of such courses and the standards of attainment are on the same level as those of the full-time courses. 24. Consideration should be given to the desirability of providing for the education of diﬀerent types of teachers, whether primary, secondary, technical, specialist or vocational teachers, in institutions organically related or geographically adjacent to one another.

Teacher-preparation institutions 25. The staﬀ of teacher-preparation institutions should be qualiﬁed to teach in their own discipline at a level equivalent to that of higher education. The staﬀ teaching pedagogical subjects should have had experience of teaching in schools and, wherever possible, should have this experience periodically refreshed by secondment to teaching duties in schools. 26. Research and experimentation in education and in the teaching of particular subjects should be promoted through the provision of research facilities in teacher-preparation institutions and research work by their staﬀ and students. All staﬀ concerned with teacher education should be aware of the ﬁndings of research in the ﬁeld with which they are concerned and endeavour to pass on its results to students. 27. Students as well as staﬀ should have the opportunity of expressing their views on the arrangements governing the life, work and discipline of a teacher-preparation institution. 28. Teacher-preparation institutions should form a focus of development in the education service, both keeping schools abreast of the results of research and methodological progress, and reﬂecting in their own work the experience of schools and teachers. 29. The teacher-preparation institutions should, either severally or jointly, and in collaboration with another institution of higher education or with the competent education authorities, or not, be responsible for certifying that the student has satisfactorily completed the course. 30. School authorities, in cooperation with teacher-preparation institutions, should take appropriate measures to provide the newly trained teachers with an employment in keeping with their preparation and individual wishes and circumstances.

VI. Further education for teachers 31. Authorities and teachers should recognize the importance of in-service education designed to secure a systematic improvement of the quality and content of education and of teaching techniques.

388 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

32. Authorities, in consultation with teachers’ organizations, should promote the establishment of a wide system of in-service education, available free to all teachers. Such a system should provide a variety of arrangements and should involve the participation of teacher-preparation institutions, scientiﬁc and cultural institutions, and teachers’ organizations. Refresher courses should be provided, especially for teachers returning to teaching after a break in service. 33. (1) Courses and other appropriate facilities should be so designed as to enable teachers to improve their qualiﬁcations, to alter or enlarge the scope of their work or seek promotion, and to keep up to date with their subject and ﬁeld of education as regards both content and method. (2) Measures should be taken to make books and other material available to teachers to improve their general education and professional qualiﬁcations. 34. Teachers should be given both the opportunities and the incentives to participate in courses and facilities and should take full advantage of them. 35. School authorities should make every endeavour to ensure that schools can apply relevant research ﬁndings both in the subjects of study and in teaching methods. 36. Authorities should encourage and, as far as possible, assist teachers to travel in their own country and abroad, either in groups or individually, with a view to their further education. 37. It would be desirable that measures taken for the preparation and further education of teachers should be developed and supplemented by financial and technical cooperation on an international or regional basis.

VII. Employment and career Entry into the teaching profession 38. In collaboration with teachers’ organizations, policy governing recruitment into employment should be clearly deﬁned at the appropriate level, and rules should be established laying down the teachers’ obligations and rights. 39. A probationary period on entry to teaching should be recognized, both by teachers and by employers, as the opportunity for the encouragement and helpful initiation of the entrant and for the establishment and maintenance of proper professional standards as well as the teacher’s own development of his practical teaching proﬁciency. The normal duration of probation should be known in advance, and the conditions for its satisfactory completion should be strictly related to professional competence. If the teacher is failing to complete his probation satisfactorily, he should be informed of the reasons and should have the right to make representations.

Recommendations Adopted by the General Conference

389

Advancement and promotion 40. Teachers should be able, subject to their having the necessary qualiﬁcations, to move from one type or level of school to another within the education service. 41. The organization and structure of an education service, including that of individual schools, should provide adequate opportunities for, and recognition of, additional responsibilities to be exercised by individual teachers, on condition that those responsibilities are not detrimental to the quality or regularity of their teaching work. 42. Consideration should be given to the advantages of schools suﬃciently large for pupils to have the beneﬁts, and staﬀ the opportunities, to be derived from a range of responsibilities being carried by diﬀerent teachers. 43. Posts of responsibility in education, such as that of inspector, educational administrator, director of education, or other posts of special responsibility, should be given as far as possible to experienced teachers. 44. Promotion should be based on an objective assessment of the teacher’s qualiﬁcations for the new post, by reference to strictly professional criteria laid down in consultation with teachers’ organizations.

Security of tenure 45. Stability of employment and security of tenure in the profession are essential in the interests of education as well as in that of the teacher and should be safeguarded even when changes in the organization of, or within, a school system are made. 46. Teachers should be adequately protected against arbitrary action aﬀecting their professional standing or career.

Disciplinary procedures related to breaches of professional conduct 47. Disciplinary measures applicable to teachers guilty of breaches of professional conduct should be clearly deﬁned. The proceedings and any resulting action should only be made public if the teacher so requests, except where prohibition from teaching is involved or the protection or well-being of the pupils so requires. 48. The authorities or bodies competent to propose or apply sanctions and penalties should be clearly designated. 49. Teachers’ organizations should be consulted when the machinery to deal with disciplinary matters is established. 50. Every teacher should enjoy equitable safeguards at each stage of any disciplinary procedure, and in particular: (a) the right to be informed in writing of the allegations and the grounds for them; (b) the right to full access to the evidence in the case;

390

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(c) (d) (e)

the right to defend himself and to be defended by a representative of his choice, adequate time being given to the teacher for the preparation of his defence; the right to be informed in writing of the decisions reached and the reasons for them; the right to appeal to clearly designated competent authorities or bodies.

51. Authorities should recognize that eﬀectiveness of disciplinary safeguards, as well as discipline itself, would be greatly enhanced if the teachers were judged with the participation of their peers. 52. The provisions of the foregoing paragraphs 47–51 do not in any way aﬀect the procedures normally applicable under national laws or regulations to acts punishable under criminal laws.

Medical examinations 53. Teachers should be required to undergo periodical medical examinations, which should be provided free.

Women teachers with family responsibilities 54. Marriage should not be considered a bar to the appointment or to the continued employment of women teachers, nor should it aﬀect remuneration or other conditions of work. 55. Employers should be prohibited from terminating contracts of service for reasons of pregnancy and maternity leave. 56. Arrangements such as crèches or nurseries should be considered, where desirable, to take care of the children of teachers with family responsibilities. 57. Measures should be taken to permit women teachers with family responsibilities to obtain teaching posts in the locality of their homes, and to enable married couples, both of whom are teachers, to teach in the same general neighbourhood or in one and the same school. 58. In appropriate circumstances, women teachers with family responsibilities who have left the profession before retirement age should be encouraged to return to teaching.

Part-time service 59. Authorities and schools should recognize the value of part-time service given, in case of need, by qualiﬁed teachers who for some reason cannot give full-time service. 60. Teachers employed regularly on a part-time basis should: (a) receive proportionately the same remuneration and enjoy the same basic conditions of employment as teachers employed on a full-time basis; (b) be granted rights corresponding to those of teachers employed on a full-time basis as regards holidays with pay, sick leave and maternity leave, subject to the same eligibility requirements; and

Recommendations Adopted by the General Conference

391

(c) be entitled to adequate and appropriate social security protection, including coverage under employers’ pension schemes.

VIII. The rights and responsibilities of teachers Professional freedom 61. The teaching profession should enjoy academic freedom in the discharge of professional duties. Since teachers are particularly qualiﬁed to judge the teaching aids and methods most suitable for their pupils, they should be given the essential role in the choice and the adaptation of teaching material, the selection of textbooks and the application of teaching methods, within the framework of approved programmes, and with the assistance of the educational authorities. 62. Teachers and their organizations should participate in the development of new courses, textbooks and teaching aids. 63. Any systems of inspection or supervision should be designed to encourage and help teachers in the performance of their professional tasks and should be such as not to diminish the freedom, initiative and responsibility of teachers. 64. (1) Where any kind of direct assessment of the teacher’s work is required, such assessment should be objective and should be made known to the teacher. (2) Teachers should have a right to appeal against assessments which they deem to be unjustiﬁed. 65. Teachers should be free to make use of such evaluation techniques as they may deem useful for the appraisal of pupils’ progress, but should ensure that no unfairness to individual pupils results. 66. The authorities should give due weight to the recommendations of teachers regarding the suitability of individual pupils for courses and further education of diﬀerent kinds. 67. Every possible eﬀort should be made to promote close cooperation between teachers and parents in the interests of pupils, but teachers should be protected against unfair or unwarranted interference by parents in matters which are essentially the teacher’s professional responsibility. 68. (1) Parents having a complaint against a school or a teacher should be given the opportunity of discussing it in the ﬁrst instance with the school principal and the teacher concerned. Any complaint subsequently addressed to higher authority should be put in writing and a copy should be supplied to the teacher. (2) Investigations of complaints should be so conducted that the teachers are given a fair opportunity to defend themselves and that no publicity is given to the proceedings. 69. While teachers should exercise the utmost care to avoid accidents to pupils, employers of teachers should safeguard them against the risk of having damages assessed against them

392 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

in the event of injury to pupils occurring at school or in school activities away from the school premises or grounds.

Responsibilities of teachers 70. Recognizing that the status of their profession depends to a considerable extent upon teachers themselves, all teachers should seek to achieve the highest possible standards in all their professional work. 71. Professional standards relating to teacher performance should be defined and maintained with the participation of the teachers’ organizations. 72. Teachers and teachers’ organizations should seek to cooperate fully with authorities in the interests of the pupils, of the education service and of society generally. 73. Codes of ethics or of conduct should be established by the teachers’ organizations, since such codes greatly contribute to ensuring the prestige of the profession and the exercise of professional duties in accordance with agreed principles. 74. Teachers should be prepared to take their part in extra-curricular activities for the beneﬁt of pupils and adults.

Relations between teachers and the education service as a whole 75. In order that teachers may discharge their responsibilities, authorities should establish and regularly use recognized means of consultation with teachers’ organizations on such matters as educational policy, school organization, and new developments in the education service. 76. Authorities and teachers should recognize the importance of the participation of teachers, through their organizations and in other ways, in steps designed to improve the quality of the education service, in educational research, and in the development and dissemination of new improved methods. 77. Authorities should facilitate the establishment and the work of panels designed – within a school or within a broader framework – to promote the cooperation of teachers of the same subject, and should take due account of the opinions and suggestions of such panels. 78. Administrative and other staﬀ who are responsible for aspects of the education service should seek to establish good relations with teachers, and this approach should be equally reciprocated.

Rights of teachers 79. The participation of teachers in social and public life should be encouraged in the interests of the teacher’s personal development, of the education service and of society as a whole.

Recommendations Adopted by the General Conference

393

80. Teachers should be free to exercise all civic rights generally enjoyed by citizens and should be eligible for public oﬃce. 81. Where the requirements of public oﬃce are such that the teacher has to relinquish his teaching duties, he should be retained in the profession for seniority and pension purposes and should be able to return to his previous post or to an equivalent post after his term of public oﬃce has expired. 82. Both salaries and working conditions for teachers should be determined through the process of negotiation between teachers’ organizations and the employers of teachers. 83. Statutory or voluntary machinery should be established whereby the right of teachers to negotiate through their organizations with their employers, either public or private, is assured. 84. Appropriate joint machinery should be set up to deal with the settlement of disputes between the teachers and their employers arising out of terms and conditions of employment. If the means and procedures established for these purposes should be exhausted or if there should be a breakdown in negotiations between the parties, teachers’ organizations should have the right to take such other steps as are normally open to other organizations in the defence of their legitimate interests.

IX. Conditions for eﬀective teaching and learning 85. Since the teacher is a valuable specialist, his work should be so organized and assisted as to avoid waste of his time and energy.

Class size 86. Class size should be such as to permit the teacher to give the pupils individual attention. From time to time provision may be made for small group or even individual instruction for such purposes as remedial work and, on occasion, for large group instruction employing audio-visual aids.

Ancillary staff 87. With a view to enabling teachers to concentrate on their professional tasks, schools should be provided with ancillary staﬀ to perform non-teaching duties.

Teaching aids 88. (1) Authorities should provide teachers and pupils with modern aids to teaching. Such aids should not be regarded as a substitute for the teacher but as a means of improving the quality of teaching and extending to a larger number of pupils the beneﬁts of education. (2) Authorities should promote research into the use of such aids and encourage teachers to participate actively in such research.

394 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Hours of work 89. The hours teachers are required to work per day and per week should be established in consultation with teachers’ organizations. 90. In ﬁxing hours of teaching, account should be taken of all factors which are relevant to the teacher’s work load, such as: (a) the number of pupils with whom the teacher is required to work per day and per week; (b) the necessity to provide time for adequate planning and preparation of lessons and for evaluation of work; (c) the number of diﬀerent lessons assigned to be taught each day; (d) the demands upon the time of the teacher imposed by participation in research, in co-curricular and extra-curricular activities, in supervisory duties and in counselling of pupils; (e) the desirability of providing time in which teachers may report to and consult with parents regarding pupil progress. 91. Teachers should be provided time necessary for taking part in in-service training programmes. 92. Participation of teachers in extra-curricular activities should not constitute an excessive burden and should not interfere with the fulﬁlment of the main duties of the teacher. 93. Teachers assigned special educational responsibilities in addition to classroom instruction should have their normal hours of teaching reduced correspondingly.

Annual holidays with pay 94. All teachers should enjoy a right to adequate annual vacation with full pay.

Study leave 95. (1) Teachers should be granted study leave on full or partial pay at intervals. (2) The period of study leave should be counted for seniority and pension purposes. (3) Teachers in areas which are remote from population centres and are recognized as such by the public authorities should be given study leave more frequently.

Special leave 96. Leave of absence granted within the framework of bilateral and multilateral cultural exchanges should be considered as service. 97. Teachers attached to technical assistance projects should be granted leave of absence, and their seniority, eligibility for promotion and pension rights in the home

Recommendations Adopted by the General Conference

395

country should be safeguarded. In addition, special arrangements should be made to cover their extraordinary expenses. 98. Foreign guest teachers should similarly be given leave of absence by their home countries and have their seniority and pension rights safeguarded. 99. (1) Teachers should be granted occasional leave of absence with full pay to enable them to participate in the activities of their organizations. (2) Teachers should have the right to take up oﬃce in their organizations; in such case their entitlements should be similar to those of teachers holding public oﬃce. 100. Teachers should be granted leave of absence with full pay for adequate personal reasons under arrangements speciﬁed in advance of employment.

Sick leave and maternity leave 101. (1) Teachers should be entitled to sick leave with pay. (2) In determining the period during which full or partial pay shall be payable, account should be taken of cases in which it is necessary for teachers to be isolated from pupils for long periods. 102. Eﬀect should be given to the standards laid down by the International Labour Organization in the ﬁeld of maternity protection, and in particular the Maternity Protection Convention, 1919, and the Maternity Protection Convention (Revised), 1952, as well as to the standards referred to in paragraph 126 of this Article. 103. Women teachers with children should be encouraged to remain in the service by such measures as enabling them, at their request, to take additional unpaid leave of up to one year after childbirth without loss of employment, all rights resulting from employment being fully safeguarded.

Teacher exchange 104. Authorities should recognize the value both to the education service and to teachers themselves of professional and cultural exchanges between countries and of travel abroad on the part of teachers; they should seek to extend such opportunities and take account of the experience acquired abroad by individual teachers. 105. Recruitment for such exchanges should be arranged without any discrimination, and the persons concerned should not be considered as representing any particular political view. 106. Teachers who travel in order to study and work abroad should be given adequate facilities to do so and proper safeguards of their posts and status. 107. Teachers should be encouraged to share teaching experience gained abroad with other members of the profession.

396

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

School buildings 108. School buildings should be safe and attractive in overall design, and functional in layout; they should lend themselves to eﬀective teaching, and to use for extra-curricular activities and, especially in rural areas, as a community centre; they should be constructed in accordance with established sanitary standards and with a view to durability, adaptability and easy, economic maintenance. 109. Authorities should ensure that school premises are properly maintained, so as not to threaten in any way the health and safety of pupils and teachers. 110. In the planning of new schools, representative teacher opinion should be consulted. In providing new or additional accommodation for an existing school, the staﬀ of the school concerned should be consulted.

Special provisions for teachers in rural or remote areas 111. (1) Decent housing, preferably free or at a subsidized rental, should be provided for teachers and their families in areas remote from population centres and recognized as such by the public authorities. (2) In countries where teachers, in addition to their normal teaching duties, are expected to promote and stimulate community activities, development plans and programmes should include provision for appropriate accommodation for teachers. 112. (1) On appointment or transfer to schools in remote areas, teachers should be paid removal and travel expenses for themselves and their families. (2) Teachers in such areas should, where necessary, be given special travel facilities to enable them to maintain their professional standards. (3) Teachers transferred to remote areas should, as an inducement, be reimbursed their travel expenses from their place of work to their home town once a year when they go on leave. 113. Whenever teachers are exposed to particular hardships, they should be compensated by the payment of special hardship allowances, which should be included in earnings taken into account for pension purposes.

X. Teachers’ salaries 114. Among the various factors which aﬀect the status of teachers, particular importance should be attached to salary, seeing that in present world conditions other factors, such as the standing or regard accorded them and the level of appreciation of the importance of their function, are largely dependent, as in other comparable professions, on the economic position in which they are placed. 115. Teachers’ salaries should:

Recommendations Adopted by the General Conference

397

(a) reﬂect the importance to society of the teaching function, and hence the importance of teachers, as well as the responsibilities of all kinds which fall upon them from the time of their entry into the service; (b) compare favourably with salaries paid in other occupations requiring similar or equivalent qualiﬁcations; (c) provide teachers with the means to ensure a reasonable standard of living for themselves and their families, as well as to invest in further education or in the pursuit of cultural activities, thus enhancing their professional qualiﬁcation; (d) take account of the fact that certain posts require higher qualiﬁcations and experience and carry greater responsibilities. 116. Teachers should be paid on the basis of salary scales established in agreement with the teachers’ organizations. In no circumstances should qualiﬁed teachers during a probationary period, or if employed on a temporary basis, be paid on a lower salary scale than that laid down for established teachers. 117. The salary structure should be planned so as not to give rise to injustices or anomalies tending to lead to friction between diﬀerent groups of teachers. 118. Where a maximum number of class contact hours is laid down, a teacher whose regular schedule exceeds the normal maximum should receive additional remuneration on an approved scale. 119. Salary diﬀerentials should be based on objective criteria such as levels of qualiﬁcation, years of experience or degrees of responsibility, but the relationship between the lowest and the highest salary should be of a reasonable order. 120. In establishing the placement on a basic salary scale of a teacher of vocational or technical subjects who may have no academic degree, allowance should be made for the value of his practical training and experience. 121. Teachers’ salaries should be calculated on an annual basis. 122. (1) Advancement within the grade through salary increments granted at regular, preferably annual, intervals should be provided. (2) The progression from the minimum to the maximum of the basic salary scale should not extend over a period longer than ten to ﬁfteen years. (3) Teachers should be granted salary increments for service performed during periods of probationary or temporary appointment. 123. (1) Salary scales for teachers should be reviewed periodically to take into account such factors as a rise in the cost of living, increased productivity leading to higher standards of living in the country, or a general upward movement in wage or salary levels. (2) Where a system of salary adjustments automatically following a cost-of-living index has been adopted, the choice of index should be determined with the participation of the teachers’ organizations, and any cost-of-living allowance granted should be regarded as an integral part of earnings taken into account for pension purposes.

398

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

124. No merit rating system for purposes of salary determination should be introduced or applied without prior consultation with and acceptance by the teachers’ organizations concerned.

XI. Social security General provisions 125. All teachers, regardless of the type of school in which they serve, should enjoy the same or similar social security protection. Protection should be extended to periods of probation and of training for those who are regularly employed as teachers. 126. (1) Teachers should be protected by social security measures in respect of all the contingencies included in the International Labour Organization Social Security (Minimum Standards) Convention, 1952, namely, by medical care, sickness beneﬁt, unemployment beneﬁt, old-age beneﬁt, employment injury beneﬁt, family beneﬁt, maternity beneﬁt, invalidity beneﬁt and survivors’ beneﬁt. (2) The standards of social security provided for teachers should be at least as favourable as those set out in the relevant instruments of the International Labour Organization and in particular the Social Security (Minimum Standards) Convention, 1952. (3) Social security beneﬁts for teachers should be granted as a matter of right. 127. The social security protection of teachers should take account of their particular conditions of employment, as indicated in paragraphs 128–140.

Medical care 128. In regions where there is a scarcity of medical facilities, teachers should be paid travelling expenses necessary to obtain appropriate medical care.

Sickness benefit 129. (1) Sickness beneﬁt should be granted throughout any period of incapacity for work involving suspension of earnings. (2) It should be paid from the ﬁrst day in each case of suspension of earnings. (3) Where the duration of sickness beneﬁt is limited to a speciﬁed period, provisions should be made for extensions in cases in which it is necessary for teachers to be isolated from pupils.

Employment injury benefit 130. Teachers should be protected against the consequences of injuries suﬀered not only during teaching at school but also when engaged in school activities away from the school premises or grounds.

Recommendations Adopted by the General Conference

399

131. Certain infectious diseases prevalent among children should be regarded as occupational diseases when contracted by teachers who have been exposed to them by virtue of their contact with pupils.

Old-age benefit 132. Pension credits earned by a teacher under any education authority within a country should be portable should the teacher transfer to employment under any other authority within that country. 133. Taking account of national regulations, teachers who, in case of a duly recognized teacher shortage, continue in service after qualifying for a pension should either receive credit in the calculation of the pension for the additional years of service or be able to gain a supplementary pension through an appropriate agency. 134. Old-age beneﬁts should be so related to ﬁnal earnings that the teacher may continue to maintain an adequate living standard.

Invalidity benefit 135. Invalidity beneﬁt should be payable to teachers who are forced to discontinue teaching because of physical or mental disability. Provision should be made for the granting of pensions where the contingency is not covered by extended sickness beneﬁt or other means. 136. Where disability is only partial, in that the teacher is able to teach part time, partial invalidity beneﬁt should be payable. 137. (1) Invalidity beneﬁt should be so related to ﬁnal earnings that the teacher may continue to maintain an adequate living standard. (2) Provision should be made for medical care and allied beneﬁts with a view to restoring or, where this is not possible, improving the health of disabled teachers, as well as for rehabilitation services designed to prepare disabled teachers, wherever possible, for the resumption of their previous activity.

Survivors’ benefit 138. The conditions of eligibility for survivors’ beneﬁt and the amount of such beneﬁt should be such as to enable survivors to maintain an adequate standard of living and as to secure the welfare and education of surviving dependent children.

Means of providing social security for teachers 139. (1) The social security protection of teachers should be assured as far as possible through a general scheme applicable to employed persons in the public sector or in the private sector, as appropriate.

400

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(2) Where no general scheme is in existence for one or more of the contingencies to be covered, special schemes, statutory or non-statutory, should be established. (3) Where the level of beneﬁts under a general scheme is below that provided for in this Recommendation, it should be brought up to the recommended standard by means of supplementary schemes. 140. Consideration should be given to the possibility of associating representatives of teachers’ organizations with the administration of special and supplementary schemes, including the investment of their funds.

XII. The teacher shortage 141. (1) It should be a guiding principle that any severe supply problem should be dealt with by measures which are recognized as exceptional, which do not detract from or endanger in any way professional standards already established or to be established, and which minimize educational loss to pupils. (2) Recognizing that certain expedients designed to deal with the shortage of teachers, such as over-large classes and the unreasonable extension of hours of teaching duty are incompatible with the aims and objectives of education and are detrimental to the pupils, the competent authorities as a matter of urgency should take steps to render these expedients unnecessary and to discontinue them. 142. In developing countries, where supply considerations may necessitate short-term, intensive emergency preparation programmes for teachers, a fully professional, extensive programme should be available in order to produce corps of professionally prepared teachers competent to guide and direct the educational enterprise. 143. (1) Students admitted to training in short-term, emergency programmes should be selected in terms of the standards applying to admission to the normal professional programme, or even higher ones, to ensure that they will be capable of subsequently completing the requirements of the full programme. (2) Arrangements and special facilities, including extra study leave on full pay, should enable such students to complete their qualiﬁcations in service. 144. (1) As far as possible, unqualiﬁed personnel should be required to work under the close supervision and direction of professionally qualiﬁed teachers. (2) As a condition of continued employment, such persons should be required to obtain or complete their qualiﬁcations. 145. Authorities should recognize that improvements in the social and economic status of teachers, their living and working conditions, their terms of employment and their career prospects are the best means of overcoming any existing shortage of competent and experienced teachers, and of attracting to, and retaining in, the teaching profession substantial numbers of fully qualiﬁed persons.

Recommendations Adopted by the General Conference

401

XIII. Final provision 146. Where teachers enjoy a status which is, in certain respects, more favourable than that provided for in this Recommendation, its terms should not be invoked to diminish the status already granted. The foregoing is the authentic text of the Recommendation duly adopted by the Special Intergovernmental Conference on the Status of Teachers, which was held in Paris and declared closed the ﬁfth day of October 1966. IN FAITH WHEREOF, we have appended our signatures this ﬁfth day of October 1966. The President of the Special Intergovernmental Conference on the Status of Teachers The Director-General of the United Nations Educational, Scientific and Cultural Organization

402

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Recommendation concerning the Preservation of Cultural Property Endangered by Public or Private Works adopted by the General Conference of UNESCO at its 15th session, Paris, 19 November 1968 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 15 October to 20 November 1968, at its ﬁfteenth session, Considering that contemporary civilization and its future evolution rest upon, among other elements, the cultural traditions of the peoples of the world, their creative force and their social and economic development, Considering that cultural property is the product and witness of the diﬀerent traditions and of the spiritual achievements of the past and thus is an essential element in the personality of the peoples of the world, Considering that it is indispensable to preserve it as much as possible, according to its historical and artistic importance, so that the signiﬁcance and message of cultural property become a part of the spirit of peoples who thereby may gain consciousness of their own dignity, Considering that preserving cultural property and rendering it accessible constitute, in the spirit of the Declaration of the Principles of International Cultural Cooperation adopted on 4 November 1966 in the course of its fourteenth session, means of encouraging mutual understanding among peoples and thereby serve the cause of peace, Considering also that the well-being of all peoples depends, inter alia, upon the existence of a favourable and stimulating environment, and that the preservation of cultural property of all periods of history contributes directly to such an environment, Recognizing, on the other hand, the role that industrialization, towards which world civilization is moving, plays in the development of peoples and their spiritual and national fulﬁlment, Considering, however, that the prehistoric, protohistoric and historic monuments and remains, as well as numerous recent structures having artistic, historic or scientiﬁc importance, are increasingly threatened by public and private works resulting from industrial development and urbanization, Considering that it is the duty of governments to ensure the protection and the preservation of the cultural heritage of mankind, as much as to promote social and economic development, Considering, in consequence, that it is urgent to harmonize the preservation of the cultural heritage with the changes which follow from social and economic development, making serious eﬀorts to meet both requirements in a broad spirit of understanding, and with reference to appropriate planning,

Recommendations Adopted by the General Conference

403

Considering equally that adequate preservation and accessibility of cultural property constitute a major contribution to the social and economic development of countries and regions which possess such treasures of mankind, by means of promoting national and international tourism, Considering ﬁnally that the surest guarantee for the preservation of cultural property rests in the respect and the attachment felt for it by the people themselves, and persuaded that such feelings may be greatly strengthened by adequate measures carried out by Member States, Having before it proposals concerning the preservation of cultural property endangered by public or private works, which constitute item 16 on the agenda of the session, Having decided at its thirteenth session that proposals on this item should be the subject of an international instrument in the form of a recommendation to Member States, Adopts on this nineteenth day of November 1968 this Recommendation. The General Conference recommends that Member States should apply the following provisions by taking whatever legislative or other steps may be required to give eﬀect within their respective territories to the norms and principles set forth in this Recommendation. The General Conference recommends that Member States should bring this Recommendation to the attention of the authorities or services responsible for public or private works as well as to the bodies responsible for the conservation and the protection of monuments and historic, artistic, archaeological and scientiﬁc sites. It recommends that authorities and bodies which plan programmes for education and the development of tourism be equally informed. The General Conference recommends that Member States should report to it, on the dates and in a manner to be determined by it, on the action they have taken to give eﬀect to this Recommendation.

I. Deﬁnition 1. For the purpose of this Recommendation, the term ‘cultural property’ applies to: (a) immovables, such as archaeological and historic or scientiﬁc sites, structures or other features of historic, scientiﬁc, artistic or architectural value, whether religious or secular, including groups of traditional structures, historic quarters in urban or rural built-up areas, and the ethnological structures of previous cultures still extant in valid form; it applies to such immovables constituting ruins existing above the earth as well as to archaeological or historic remains found within the earth; the term ‘cultural property’ also includes the setting of such property; (b) movable property of cultural importance including that existing in, or recovered from, immovable property and that concealed in the earth, which may be found in archaeological or historical sites or elsewhere.

404

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

2. The term ‘cultural property’ includes not only the established and scheduled architectural, archaeological and historic sites and structure, but also the unscheduled or unclassiﬁed vestiges of the past, as well as artistically or historically important recent sites and structures.

II. General principles 3. Measures to preserve cultural property should extend to the whole territory of the State and should not be conﬁned to certain monuments and sites. 4. Protective inventories of important cultural property, whether scheduled or unscheduled, should be maintained. Where such inventories do not exist, priority should be given in their establishment to the thorough survey of cultural property in areas where such property is endangered by public or private works. 5. Due account should be taken of the relative signiﬁcance of the cultural property concerned when determining measures required for the: (a) preservation of an entire site, structure, or other forms of immovable cultural property from the eﬀects of private or public works; (b) salvage or rescue of cultural property, if the area in which it is found is to be transformed by public or private works, and the whole or a part of the property in question is to be preserved and removed. 6. Measures should vary according to the character, size and location of the cultural property and the nature of the dangers with which it is threatened. 7. Measures for the preservation or salvage of cultural property should be preventive and corrective. 8. Preventive and corrective measures should be aimed at protecting or saving cultural property from public or private works likely to damage and destroy it, such as: (a) urban expansion and renewal projects, although they may retain scheduled monuments while sometimes removing less important structures, with the result that historical relations and the setting of historic quarters are destroyed; (b) similar projects in areas where groups of traditional structures having cultural value as a whole risk being destroyed for the lack of a scheduled individual monument; (c) injudicious modiﬁcations and repair of individual historic buildings; (d) the construction or alteration of highways which are a particular danger to sites or to historically important structures or groups of structures; (e) the construction of dams for irrigation, hydroelectric power or flood control; (f) the construction of pipelines and of power and transmission lines of electricity; (g) farming operations including deep ploughing, drainage and irrigation operations, the clearing and levelling of land and aﬀorestation;

Recommendations Adopted by the General Conference

(h)

405

works required by the growth of industry and the technological progress of industrialized societies, such as airﬁelds, mining and quarrying operations and dredging and reclamation of channels and harbours.

9. Member States should give due priority to measures required for the preservation in situ of cultural property endangered by public or private works, in order to preserve historical associations and continuity. When overriding economic or social conditions require that cultural property be transferred, abandoned or destroyed, the salvage or rescue operations should always include careful study of the cultural property involved and the preparations of detailed records. 10. The results of studies having scientiﬁc or historic value carried out in connection with salvage operations, particularly when all or much of the immovable cultural property has been abandoned or destroyed, should be published or otherwise made available for future research. 11. Important structures and other monuments which have been transferred in order to save them from destruction by public or private works should be placed on a site or in a setting which resembles their former position and natural, historic or artistic associations. 12. Important movable cultural property, including representative samples of objects recovered from archaeological excavations, obtained from salvage operations should be preserved for study or placed on exhibition in institutions such as museums, including site museums, or universities.

III. Preservation and salvage measures 13. The preservation or salvage of cultural property endangered by public or private works should be ensured through the means mentioned below, the precise measures to be determined by the legislation and organizational system of the State: (a) legislation, (b) ﬁnance, (c) administrative measures, (d) procedures to preserve and to salvage cultural property, (e) penalties, (f) repairs, (g) awards, (h) advice, (i) educational programmes.

Legislation 14. Member States should enact or maintain on the national as well as on the local level the legislative measures necessary to ensure the preservation or salvage of cultural property endangered by public or private works, in accordance with the norms and principles embodied in this Recommendation.

Finance 15. Member States should ensure that adequate budgets are available for the preservation or salvage of cultural property endangered by public or private works. Although diﬀerences in legal systems and traditions, as well as disparity in resources, preclude the adoption of uniform measures, the following should be considered:

406

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(a)

(b)

(c)

the national or local authorities responsible for the safeguarding of cultural property should have adequate budgets to undertake the preservation or salvage of cultural property endangered by public or private works; or the costs of preserving or salvaging cultural property endangered by public or private works, including preliminary archaeological research, should form part of the budget of construction costs; or the possibility of combining the two methods mentioned in sub-paragraphs (a) and (b) above should be provided for.

16. In the event of unusual costs due to the size and complexity of the operations required, there should be possibilities of obtaining additional funds through enabling legislation, special subventions, a national fund for monuments or other appropriate means. The services responsible for the safeguarding of cultural property should be empowered to administer or to utilize these extra-budgetary contributions required for the preservation or salvage of cultural property endangered by public or private works. 17. Member States should encourage proprietors of artistically or historically important structures, including structures forming part of a traditional group, or residents in a historic quarter in urban or rural built-up areas to preserve the character and aesthetic qualities of their cultural property which would otherwise be endangered by public or private works, through: (a) favourable tax rates; or (b) the establishment, through appropriate legislation, of a budget to assist, by grants, loans or other measures, local authorities, institutions and private owners of artistically, architecturally, scientiﬁcally or historically important structures, including groups of traditional structures, to maintain or to adapt them suitably for functions which would meet the needs of contemporary society; or (c) the possibility of combining the two methods mentioned in sub-paragraphs (a) and (b) above should be provided for. 18. If the cultural property is not scheduled or otherwise protected, it should be possible for the owner to request such assistance from the appropriate authorities. 19. National or local authorities, as well as private owners, when budgeting for the preservation of cultural property endangered by public or private works, should take into account the intrinsic value of cultural property and also the contribution it can make to the economy as a tourist attraction.

Administrative measures 20. Responsibility for the preservation or salvage of cultural property endangered by public or private works should be entrusted to appropriate oﬃcial bodies. Whenever oﬃcial bodies or services already exist for the protection of cultural property, these bodies or services should be given responsibility for the preservation of cultural property against the dangers caused by public or private works. If such services do not exist,

Recommendations Adopted by the General Conference

407

special bodies or services should be created for the purpose of the preservation of cultural property endangered by public or private works; and, although diﬀerences of constitutional provisions and traditions preclude the adoption of a uniform system, certain common principles should be adopted: (a) There should be a coordinating or consultative body, composed of representatives of the authorities responsible for the safeguarding of cultural property, for public and private works, for town planning, and of research and educational institutions, which should be competent to advise on the preservation of cultural property endangered by public or private works and, in particular, on conﬂicts of interest between requirements for public or private works and the preservation or salvage of cultural property. (b) Provincial, municipal or other forms of local government should also have services responsible for the preservation or salvage of cultural property endangered by public or private works. These services should be able to call upon the assistance of national services or other appropriate bodies in accordance with their capabilities and requirements. (c) The services responsible for the safeguarding of cultural property should be adequately staﬀed with the specialists required for the preservation or salvage of cultural property endangered by public or private works, such as architects, urbanists, archaeologists, historians, inspectors and other specialists and technicians. (d) Administrative measures should be taken to coordinate the work of the diﬀerent services responsible for the safeguarding of cultural property with that of other services responsible for public and private works and that of any other department or service whose responsibilities touch upon the problem of the preservation or salvage of cultural property endangered by public or private works. (e) Administrative measures should be taken to establish an authority or commission in charge of urban development programmes in all communities having scheduled or unscheduled historic quarters, sites and monuments which need to be preserved against public and private construction. 21. At the preliminary survey stage of any project involving construction in a locality recognized as being of cultural interest or likely to contain objects of archaeological or historical importance, several variants of the project should be prepared, at regional or municipal level, before a decision is taken. The choice between these variants should be made on the basis of a comprehensive comparative analysis, in order that the most advantageous solution, both economically and from the point of view of preserving or salvaging cultural property, may be adopted.

Procedures to preserve and to salvage cultural property 22. Thorough surveys should be carried out well in advance of any public or private works which might endanger cultural property, to determine:

408

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(a) (b)

the measures to be taken to preserve important cultural property in situ; the amount of salvage operations which would be required, such as the selection of archaeological sites to be excavated, structures to be transferred and movable cultural property salvaged, etc.

23. Measures for the preservation or salvage of cultural property should be carried out well in advance of public or private works. In areas of archaeological or cultural importance, such as historic towns, villages, sites and districts, which should be protected by the legislation of every country, the starting of new work should be made conditional upon the execution of preliminary archaeological excavations. If necessary, work should be delayed to ensure that adequate measures are taken for the preservation or salvage of the cultural property concerned. 24. Important archaeological sites, and, in particular, prehistoric sites as they are diﬃcult to recognize, historic quarters in urban or rural areas, groups of traditional structures, ethnological structures of previous cultures and other immovable cultural property which would otherwise be endangered by public or private works should be protected by zoning or scheduling: (a) Archaeological reserves should be zoned or scheduled and, if necessary, immovable property purchased, to permit thorough excavation or the preservation of the ruins found at the site. (b) Historic quarters in urban or rural centres and groups of traditional structures should be zoned and appropriate regulations adopted to preserve their setting and character, such as the imposition of controls on the degree to which historically or artistically important structures can be renovated and the type and design of new structures which can be introduced. The preservation of monuments should be an absolute requirement of any well-designed plan for urban redevelopment, especially in historic cities or districts. Similar regulations should cover the area surrounding a scheduled monument or site and its setting, to preserve its association and character. Due allowance should be made for the modiﬁcation of ordinary regulations applicable to new construction; these should be placed in abeyance when new structures are introduced into an historical zone. Ordinary types of commercial advertising by means of posters and illuminated announcements should be forbidden, but commercial establishments could be allowed to indicate their presence by means of judiciously presented signs. 25. Member States should make it obligatory for persons ﬁnding archaeological remains in the course of public or private works to declare them at the earliest possible moment to the competent service. Careful examination should be carried out by the service concerned and, if the site is important, construction should be deferred to permit thorough excavation, due allowance or compensation being made for the delays incurred. 26. Member States should have provisions for the acquisition, through purchase, by national or local governments and other appropriate bodies, of important cultural property endangered by public or private works. When necessary, it should be possible to eﬀect such acquisition through expropriation.

Recommendations Adopted by the General Conference

409

27. Member States should take steps to ensure that oﬀences, through intent or negligence, against the preservation or salvage of cultural property endangered by public or private works are severely punished by their Penal Code, which should provide for ﬁnes or imprisonment or both. In addition, the following measures could be applied: (a) whenever possible, restoration of the site or structure at the expense of those responsible for the damage to it; (b) in the case of a chance archaeological ﬁnd, payment of damages to the State when immovable cultural property has been damaged, destroyed or neglected; conﬁscation without compensation, when a movable object has been concealed.

Repairs 28. Member States should, when the nature of the property so allows, adopt the necessary measures to ensure the repair, restoration or reconstruction of cultural property damaged by public or private works. They should also foresee the possibility of requiring local authorities and private owners of important cultural property to carry out repairs or restorations, with technical and ﬁnancial assistance if necessary.

Awards 29. Member States should encourage individuals, associations and municipalities to take part in programmes for the preservation or salvage of cultural property endangered by public or private works. Measures to that eﬀect could include: (a) ex gratia payments to individuals reporting or surrendering hidden archaeological ﬁnds; (b) awards of certiﬁcates, medals or other forms of recognition to individuals, even if they belong to government service, associations, institutions or municipalities which have carried out outstanding projects for the preservation or salvage of cultural property endangered by public or private works.

Advice 30. Member States should provide individuals, associations or municipalities lacking the required experience or staﬀ with technical advice or supervision to maintain adequate standards for the preservation or salvage of cultural property endangered by public or private works.

Educational programmes 31. In a spirit of international collaboration, Member States should take steps to stimulate and develop among their nationals interest in, and respect for, the cultural heritage of the past of their own and other traditions, in order to preserve or to salvage cultural property endangered by public or private works. 32. Specialized publications, articles in the press, and radio and television broadcasts should publicize the nature of the dangers to cultural property arising from ill-conceived public or

410

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

private works, as well as cases where cultural property has been successfully preserved or salvaged. 33. Educational institutions, historical and cultural associations, public bodies concerned with the tourist industry and associations for popular education should have programmes to publicize the dangers to cultural property arising from short-sighted public or private works, and to underline the fact that projects to preserve cultural property contribute to international understanding. 34. Museums and educational institutions and other interested organizations should prepare special exhibitions on the dangers to cultural property arising from uncontrolled public or private works and on the measures which have been used to preserve or to salvage cultural property which has been endangered. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its ﬁfteenth session, which was held in Paris and declared closed the twentieth day of November 1968. IN FAITH WHEREOF, we have appended our signatures this twenty-second day of November 1968. The President of the General Conference The Director-General

Recommendations Adopted by the General Conference

411

Recommendation concerning the International Standardization of Library Statistics adopted by the General Conference of UNESCO at its 16th session, Paris, 13 November 1970 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, at its sixteenth session, held in Paris from 12 October to 14 November 1970, Considering that, by virtue of Article IV, paragraph 4 of the Constitution, it is for the Organization to draw up and adopt instruments for the international regulation of questions falling within its competence, Considering that Article VIII of the Constitution provides that ‘each Member State shall report periodically to the Organization, in a manner to be determined by the General Conference, on its laws, regulations and statistics relating to educational, scientiﬁc and cultural life and institutions, and on the action taken upon the recommendations and conventions referred to in Article IV, paragraph 4’, Convinced that library statistics provide essential information on the inﬂuence of each type of library and thus facilitate the planning of library development, Convinced that it is highly desirable for the national authorities responsible for collecting and communicating library statistics to be guided by certain standards in the matter of deﬁnitions, classiﬁcations and presentation, in order to improve the international comparability of such statistics, Having before it, as item 20 of the agenda of the session, proposals concerning the international standardization of library statistics, Having decided at its ﬁfteenth session that these proposals should be incorporated in an international instrument, to take the form of a recommendation to Member States, Adopts the present Recommendation this thirteenth day of November 1970. The General Conference recommends, with a view to the compilation of international statistics, that Member States apply the following provisions concerning deﬁnitions, classiﬁcations and presentation of library statistics, by adopting measures, in the form of a national law or otherwise, to give eﬀect, within the territories under their jurisdiction, to the standards and principles formulated in the present Recommendation. The General Conference recommends that Member States bring the present Recommendation to the attention of authorities and services responsible for collecting and communicating library statistics. The General Conference recommends that Member States forward to it, by the dates and in the form which it shall prescribe, reports concerning action taken by them upon the present Recommendation.

412

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

I. Scope and deﬁnitions Scope 1. The statistics referred to in the present Recommendation should cover libraries, as deﬁned in paragraph 2(a) below, located in a particular country.

Definitions 2. In compiling the statistics referred to in the present Recommendation, the following deﬁnitions should be used: (a) Library: irrespective of its title, any organized collection of printed books and periodicals or of any other graphic or audio-visual materials, and the services of a staﬀ to provide and facilitate the use of such materials as are required to meet the informational, research, educational or recreational needs of its users. (b) (i) Administrative unit: any independent library, or a group of libraries, under a single director or a single administration. (ii) Service point: any library at which is provided in separate quarters a service for users, whether it is an independent library or is part of a larger administrative unit. Independent libraries, central libraries and branch libraries (both static- and mobile-library vans, ship libraries, train libraries) are considered as service points, provided that they serve their users directly. The points at which library vans stop are not counted as service points. (c) Collection: all library materials provided by the library for its users. (d) Annual additions: all materials added to collections during the year, whether by purchase, donation, exchange or any other method. (e) The term printed covers all methods of reproduction whatever their nature, with the exception of microprinting. (f) Periodicals: publications constituting one issue in a continuous series under the same title, published at regular or irregular intervals, over an indeﬁnite period, individual issues in the series being numbered consecutively or each issue being dated. Newspapers as well as publications appearing annually or less frequently are included in the deﬁnition. (g) Title: a term used to describe a printed item which forms a separate whole, whether issued in one or several volumes. (h) Volume: a physical unit of any printed or manuscript work contained in one binding or portfolio. (i) Library user: a person utilizing the services of the library. (j) Registered borrower: a person registered with a library in order to borrow the materials of the collection for use outside the library. (k) Ordinary expenditure: expenditure incurred in the running of the library. Within this total the following only are shown separately: (i) employees: the total amount of money spent on salaries and wages, allowances, and other related costs;

Recommendations Adopted by the General Conference

413

(ii) acquisitions: the cost of all items (printed, manuscript and audio-visual materials) added to the library. (l) Capital expenditure: expenditure which results in the acquisition of or addition to ﬁxed assets, e.g. building sites, new buildings and additions, equipment (including initial book stocks and furnishings for new and ex-tended buildings). Within this total the following are shown separately: (i) sites and buildings: expenditure for the acquisition of or addition to building sites, new buildings, and extensions; (ii) other capital expenditure. (m) Trained librarians: all persons employed in libraries who have received a general training in librarianship or information science. The training may be by formal methods or by means of an extended period of work in a library under supervision.

II. Classiﬁcation of libraries 3. Each of the libraries covered by the deﬁnition set out in paragraph 2(a) above should be classiﬁed in the following categories and sub-categories: (a) National libraries: libraries which, irrespective of their title, are responsible for acquiring and conserving copies of all signiﬁcant publications published in the country and functioning as a ‘deposit’ library, either by law or under other arrangements. They will also normally perform some of the following functions: produce a national bibliography; hold and keep up to date a large and representative collection of foreign literature including books about the country; act as a national bibliographical information centre; compile union catalogues; publish the retrospective national bibliography. Libraries which may be called ‘national’ but whose functions do not correspond to the above deﬁnition should not be placed in the ‘national libraries’ category. (b) Libraries of institutions of higher education: those primarily serving students and teachers in universities and other institutions of education at the third level. They may be open to the general public as well. A distinction should be made between: (i) the main or central university library, or a group of libraries which may be located separately but having one and the same director; (ii) libraries attached to university institutes or departments but which are not under the direction of, or administered by, the main or central university library; (iii) libraries attached to institutions of higher education which are not part of a university. (c) Other major non-specialized libraries: non-specialized libraries of a learned character which are neither libraries of institutions of higher education nor national libraries, though they may fulfil the functions of a national library for a specified geographical area.

414

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(d)

(e)

(f)

School libraries: those attached to all types of schools below the level of education at the third level and serving primarily the pupils and teachers of such schools, even though they may also be open to the general public. Separate collections for the use of several classes in the same school should be regarded as a single library, which should be counted as an administrative unit and as a service point. Special libraries: those maintained by an association, government service, parliament, research institution (excluding university institutes), learned society, professional association, museum, business ﬁrm, industrial enterprise, chamber of commerce, etc., or other organized group, the greater part of their collections being in a speciﬁc ﬁeld or subject, e.g. natural sciences, social sciences, agriculture, chemistry, medicine, economics, engineering, law, history. A distinction should be made between: (i) libraries which provide materials and services to all members of the public who need them; and (ii) those libraries whose collections and services are for the most part designed to provide for the information needs of their primary users, even if in some cases they serve the information needs of specialists outside the group responsible for their maintenance. Public (or popular) libraries: those which serve the population of a community or region free of charge or for a nominal fee; they may serve the general public or special categories of users such as children, members of the armed forces, hospital patients, prisoners, workers, and employees. A distinction should be made between: (i) public libraries proper, i.e. those libraries receiving ﬁnancial support, in whole or in large part, from the public authorities (municipal or regional libraries); and (ii) libraries ﬁnanced from private sources.

4. Each library should appear in only one of the categories mentioned in paragraph 3, according to its primary function. 5. School and public libraries considered to be ‘administrative units’ should, in addition, be classiﬁed in one of the following groups, according to the size of their collections. The size of collections should cover only printed materials and manuscripts: (a) Public libraries: (i) up to 2,000 volumes; (ii) from 2,001 to 5,000 volumes; (iii) from 5,001 to 10,000 volumes; (iv) more than 10,000 volumes. (b) School libraries: (i) up to 2,000 volumes; (ii) from 2,001 to 5,000 volumes; (iii) more than 5,000 volumes.

Recommendations Adopted by the General Conference

415

III. Reporting of statistical data 6. Statistics referred to in the present Recommendation should be drawn up at regular intervals of three years. The information given should be presented in conformity with the provisions of paragraphs 2 to 5. Attention should be drawn to any diﬀerences between the deﬁnitions and classiﬁcations contained in this Recommendation and those customarily used at the national level. 7. Library statistics should, unless otherwise stated, cover the following types of data. Data referring to a period should cover the year in question, and not the interval between two successive surveys. (a) Number of libraries: (i) administrative units; (ii) service points: static, mobile. (b) Population served: (i) by public libraries, as deﬁned in paragraph 3(f) (i), i.e. the total number of inhabitants in the districts served by public libraries; (ii) by school libraries, i.e. the total number of pupils and teachers in primary and secondary schools provided with school library services; (iii) by libraries in institutions of higher education, i.e. the total number of students, faculty and staﬀ eligible to use the services of libraries in universities and other institutions of higher education at the third level. (c) Collections: Information concerning library collections should cover only the following documents available to users, and including an allowance for material on loan: (i) books and periodicals, by metres of occupied shelves and volumes; (ii) manuscripts, by meters of occupied shelves and volumes; (iii) microforms of books, periodicals and manuscripts: (a) microﬁlms, by number of rolls; (b) other microforms, by number of physical units. (d) Additions: Statistics relating to additions to collections should cover the following materials only: (i) books, by titles and volumes; (iii) manuscripts, by number of units catalogued; (iii) microforms of books and manuscripts: (a) microﬁlms, counted by number of rolls; (b) other microforms, counted by number of physical units. (e) Number of current periodical titles: i.e. number of titles received by the library during the year. (f) Number of registered borrowers: only borrowers registered for the speciﬁed year should be counted. The number of registered borrowers should not be counted in the case of special libraries. (g) Number of works loaned out and copies supplied in place of loans: (i) books, periodicals and manuscripts loaned, counted by number of volumes; (ii) copies produced to take the place of original materials, counted by number of volumes copied.

416

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Inter-library lending within the country: only loans between separate administrative units should be counted. Items issued: (i) books, periodicals and manuscripts, counted by the number of volumes; (ii) copies produced to take the place of original materials, counted by number of volumes copied. (i) Inter-library lending at the international level: (i) items issued to other countries: (a) books, periodicals and manuscripts, counted by the number of volumes; (b) copies produced to take the place of original materials, counted by the number of volumes copied. (ii) items received from other countries: (a) books, periodicals and manuscripts, counted by the number of volumes; (b) copies received in place of original materials, counted by number of volumes copied. (j) Photo and other copies: Copies produced by libraries for their users (excluding those made by coin-operated copying machines installed on library premises), and those designed to take the place of original materials in inter-library lending, should be counted as follows: (i) paper copies, by number of sheets; (ii) microﬁlms, by number of frames; (iii) microﬁches, individually. (k) Ordinary expenditure: (i) total, (ii) employees, (iii) acquisitions. (l) Capital expenditure: (i) total, (ii) building sites and buildings, (iii) other. (m) Library employees: (i) total number of employees: full-time; part-time, counted in full-time equivalents. (ii) trained librarians holding an oﬃcial diploma in librarianship: full-time; part-time, counted in full-time equivalents. (iii) trained librarians who have received their training in the form of an extended period of work in a library under supervision: full-time; part-time, counted in full-time equivalents. (h)

The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its sixteenth session, which was held in Paris and declared closed the fourteenth day of November 1970. IN FAITH WHEREOF, we have appended our signatures this seventeenth day of November 1970. The President of the General Conference The Director-General

Recommendations Adopted by the General Conference

417

Recommendation concerning the Protection, at National Level, of the Cultural and Natural Heritage adopted by the General Conference of UNESCO at its 17th session, Paris, 16 November 1972 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris, at its seventeenth session, from 17 October to 21 November 1972, Considering that, in a society where living conditions are changing at an accelerated pace, it is essential for man’s equilibrium and development to preserve for him a ﬁtting setting in which to live, where he will remain in contact with nature and the evidences of civilization bequeathed by past generations, and that, to this end, it is appropriate to give the cultural and natural heritage an active function in community life and to integrate into an overall policy the achievements of our time, the values of the past and the beauty of nature, Considering that such integration into social and economic life must be one of the fundamental aspects of regional development and national planning at every level, Considering that particularly serious dangers engendered by new phenomena peculiar to our times are threatening the cultural and natural heritage, which constitute an essential feature of mankind’s heritage and a source of enrichment and harmonious development for present and future civilization, Considering that each item of the cultural and natural heritage is unique and that the disappearance of any one item constitutes a definite loss and an irreversible impoverishment of that heritage, Considering that every country in whose territory there are components of the cultural and natural heritage has an obligation to safeguard this part of mankind’s heritage and to ensure that it is handed down to future generations, Considering that the study, knowledge and protection of the cultural and natural heritage in the various countries of the world are conducive to mutual understanding among the peoples, Considering that the cultural and natural heritage forms an harmonious whole, the components of which are indissociable, Considering that a policy for the protection of the cultural and natural heritage, thought out and formulated in common, is likely to bring about a continuing interaction among Member States and to have a decisive eﬀect on the activities of the United Nations Educational, Scientiﬁc and Cultural Organization in this ﬁeld, Noting that the General Conference has already adopted international instruments for the protection of the cultural and natural heritage, such as the Recommendation on International Principles Applicable to Archaeological Excavations (1956), the

418

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Recommendation concerning the Safeguarding of the Beauty and Character of Landscapes and Sites (1962) and the Recommendation concerning the Preservation of Cultural Property Endangered by Public or Private Works (1968), Desiring to supplement and extend the application of the standards and principles laid down in such recommendations, Having before it proposals concerning the protection of the cultural and natural heritage, which question appears on the agenda of the session as item 23, Having decided, at its sixteenth session, that this question should be made the subject of international regulations, to take the form of a recommendation to Member States, Adopts, this sixteenth day of November 1972, this Recommendation.

I. Deﬁnitions of the cultural and the natural heritage 1. For the purposes of this Recommendation, the following shall be considered as ‘cultural heritage’: • monuments: architectural works, works of monumental sculpture and painting, including cave dwellings and inscriptions, and elements, groups of elements or structures of special value from the point of view of archaeology, history, art or science; • groups of buildings: groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of special value from the point of view of history, art or science; • sites: topographical areas, the combined works of man and of nature, which are of special value by reason of their beauty or their interest from the archaeological, historical, ethnological or anthropological points of view. 2. For the purposes of this Recommendation, the following shall be considered as ‘natural heritage’: • natural features consisting of physical and biological formations or groups of such formations, which are of special value from the aesthetic or scientiﬁc point of view; • geological and physiographical formations and precisely delineated areas which constitute the habitat of species of animals and plants, valuable or threatened, of special value from the point of view of science or conservation; • natural sites or precisely delineated natural areas of special value from the point of view of science, conservation or natural beauty, or in their relation to the combined works of man and of nature.

II. National policy 3. In conformity with their jurisdictional and legislative requirements, each State should formulate, develop and apply as far as possible a policy whose principal aim

Recommendations Adopted by the General Conference

419

should be to coordinate and make use of all scientiﬁc, technical, cultural and other resources available to secure the eﬀective protection, conservation and presentation of the cultural and natural heritage.

III. General principles 4. The cultural and natural heritage represents wealth, the protection, conservation and presentation of which impose responsibilities on the States in whose territory it is situated, both vis-à-vis their own nationals and vis-à-vis the international community as a whole; Member States should take such action as may be necessary to meet these responsibilities. 5. The cultural or natural heritage should be considered in its entirety as a homogeneous whole, comprising not only works of great intrinsic value, but also more modest items that have, with the passage of time, acquired cultural or natural value. 6. None of these works and none of these items should, as a general rule, be dissociated from its environment. 7. As the ultimate purpose of protecting, conserving and presenting the cultural and natural heritage is the development of man, Member States should, as far as possible, direct their work in this ﬁeld in such a way that the cultural and natural heritage may no longer be regarded as a check on national development but as a determining factor in such development. 8. The protection, conservation and eﬀective presentation of the cultural and natural heritage should be considered as one of the essential aspects of regional development plans, and planning in general, at the national, regional or local level. 9. An active policy for the conservation of the cultural and natural heritage and for giving it a place in community life should be developed. Member States should arrange for concerted action by all the public and private services concerned, with a view to drawing up and applying such a policy. Preventive and corrective measures relating to the cultural and natural heritage should be supplemented by others, designed to give each of the components of this heritage a function which will make it a part of the nation’s social, economic, scientiﬁc and cultural life for the present and future, compatible with the cultural or natural character of the item in question. Action for the protection of the cultural and natural heritage should take advantage of scientiﬁc and technical advances in all branches of study involved in the protection, conservation and presentation of the cultural or natural heritage. 10. Increasingly signiﬁcant ﬁnancial resources should, as far as possible, be made available by the public authorities for the safeguarding and presentation of the cultural and natural heritage. 11. The general public of the area should be associated with the measures to be taken for protection and conservation and should be called on for suggestions and help, with

420

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

particular reference to regard for and surveillance of the cultural and natural heritage. Consideration might also be given to the possibility of ﬁnancial support from the private sector.

IV. Organization of services 12. Although their diversity makes it impossible for all Member States to adopt a standard form of organization, certain common criteria should nevertheless be observed.

Specialized public services 13. With due regard for the conditions appropriate to each country, Member States should set up in their territory, wherever they do not already exist, one or more specialized public services to be responsible for the eﬃcient discharge of the following functions: (a) developing and putting into eﬀect measures of all kinds designed for the protection, conservation and presentation of the country’s cultural and natural heritage and for making it an active factor in the life of the community; and primarily, compiling an inventory of the cultural and natural heritage and establishing appropriate documentation services; (b) training and recruiting scientiﬁc, technical and administrative staﬀ as required, to be responsible for working out identiﬁcation, protection, conservation and integration programmes and directing their execution; (c) organizing close cooperation among specialists of various disciplines to study the technical conservation problems of the cultural and natural heritage; (d) using or creating laboratories for the study of all the scientiﬁc problems arising in connection with the conservation of the cultural and natural heritage; (e) ensuring that owners or tenants carry out the necessary restoration work and provide for the upkeep of the buildings in the best artistic and technical conditions.

Advisory bodies 14. The specialized services should work with bodies of experts responsible for giving advice on the preparation of measures relating to the cultural and natural heritage. Such bodies should include experts, representatives of the major preservation societies, and representatives of the administrations concerned.

Cooperation among the various bodies 15. The specialized services dealing with the protection, conservation and presentation of the cultural and natural heritage should carry out their work in liaison and on an equal footing with other public services, more particularly those responsible for regional development planning, major public works, the environment, and economic and social

Recommendations Adopted by the General Conference

421

planning. Tourist development programmes involving the cultural and natural heritage should be carefully drawn up so as not to impair the intrinsic character and importance of that heritage, and steps should be taken to establish appropriate liaison between the authorities concerned. 16. Continuing cooperation at all levels should be organized among the specialized services whenever large-scale projects are involved, and appropriate coordinating arrangements made so that decisions may be taken in concert, taking account of the various interests involved. Provision should be made for joint planning, from the start, of the studies and machinery developed for the settlement of conﬂicts.

Competence of central, federal, regional and local bodies 17. Considering the fact that the problems involved in the protection, conservation and presentation of the cultural and natural heritage are diﬃcult to deal with, calling for special knowledge and sometimes entailing hard choices, and that there are not enough specialized staﬀ available in this ﬁeld, responsibilities in all matters concerning the devising and execution of protective measures in general should be divided among central or federal and regional or local authorities on the basis of a judicious balance adapted to the situation that exists in each State.

V. Protective measures 18. Member States should, as far as possible, take all necessary scientiﬁc, technical and administrative, legal and ﬁnancial measures to ensure the protection of the cultural and natural heritage in their territories. Such measures should be determined in accordance with the legislation and organization of the State.

Scientific and technical measures 19. Member States should arrange for careful and constant maintenance of their cultural and natural heritage in order to avoid having to undertake the costly operations necessitated by its deterioration; for this purpose, they should provide for regular surveillance of the components of their heritage by means of periodic inspections. They should also draw up carefully planned programmes of conservation and presentation work, gradually taking in all the cultural and natural heritage, depending upon the scientiﬁc, technical and ﬁnancial means at their disposal. 20. Any work required should be preceded and accompanied by such thorough studies as its importance may necessitate. Such studies should be carried out in cooperation with or by specialists in all related ﬁelds. 21. Member States should investigate eﬀective methods of aﬀording added protection to those components of the cultural and natural heritage that are threatened by unusually serious dangers. Such methods should take account of the interrelated scientiﬁc, technical

422

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

and artistic problems involved and make it possible to determine the treatment to be applied. 22. These components of the cultural and natural heritage should, in addition, be restored, wherever appropriate, to their former use or given a new and more suitable function, provided that their cultural value is not thereby diminished. 23. Any work done on the cultural heritage should aim at preserving its traditional appearance, and protecting it from any new construction or remodelling which might impair the relations of mass or colour between it and its surroundings. 24. The harmony established by time and man between a monument and its surroundings is of the greatest importance and should not, as a general rule, be disturbed or destroyed. The isolation of a monument by demolishing its surroundings should not, as a general rule, be authorized; nor should the moving of a monument be contemplated save as an exceptional means of dealing with a problem, justiﬁed by pressing considerations. 25. Member States should take measures to protect their cultural and natural heritage against the possible harmful eﬀects of the technological developments characteristic of modern civilization. Such measures should be designed to counter the eﬀects of shocks and vibrations caused by machines and vehicles. Measures should also be taken to prevent pollution and guard against natural disasters and calamities, and to provide for the repair of damage to the cultural and natural heritage. 26. Since the circumstances governing the rehabilitation of groups of buildings are not everywhere identical, Member States should provide for a social science inquiry in appropriate cases, in order to ascertain precisely what are the social and cultural needs of the community in which the group of buildings concerned is situated. Any rehabilitation operation should pay special attention to enabling man to work, to develop and to achieve fulﬁlment in the restored setting. 27. Member States should undertake studies and research on the geology and ecology of items of the natural heritage, such as park, wildlife, refuge or recreation areas, or other equivalent reserves, in order to appreciate their scientiﬁc value, to determine the impact of visitor use and to monitor interrelationships so as to avoid serious damage to the heritage and to provide adequate background for the management of the fauna and ﬂora. 28. Member States should keep abreast of advances in transportation, communication, audio-visual techniques, automatic data-processing and other appropriate technology, and of cultural and recreational trends, so that the best possible facilities and services can be provided for scientiﬁc study and the enjoyment of the public, appropriate to the purpose of each area, without deterioration of the natural resources.

Administrative measures 29. Each Member State should draw up, as soon as possible, an inventory for the protection of its cultural and natural heritage, including items which, without being of outstanding importance, are inseparable from their environment and contribute to its character.

Recommendations Adopted by the General Conference

423

30. The information obtained by such surveys of the cultural and natural heritage should be collected in a suitable form and regularly brought up to date. 31. To ensure that the cultural and natural heritage is eﬀectively recognized at all levels of planning, Member States should prepare maps and the fullest possible documentation covering the cultural and natural property in question. 32. Member States should give thought to ﬁnding suitable uses for groups of historic buildings no longer serving their original purpose. 33. A plan should be prepared for the protection, conservation, presentation and rehabilitation of groups of buildings of historic and artistic interest. It should include peripheral protection belts, lay down the conditions for land use, and specify the buildings to be preserved and the conditions for their preservation. This plan should be incorporated into the overall town and country planning policy for the areas concerned. 34. Rehabilitation plans should specify the uses to which historic buildings are to be put, and the links there are to be between the rehabilitation area and the surrounding urban development. When the designation of a rehabilitation area is under consideration, the local authorities and representatives of the residents of the area should be consulted. 35. Any work that might result in changing the existing state of the buildings in a protected area should be subject to prior authorization by the town and country planning authorities, on the advice of the specialized services responsible for the protection of the cultural and natural heritage. 36. Internal alterations to groups of buildings and the installation of modern conveniences should be allowed if they are needed for the well-being of their occupants and provided they do not drastically alter the real characteristic features of ancient dwellings. 37. Member States should develop short- and long-range plans, based on inventories of their natural heritage, to achieve a system of conservation to meet the needs of their countries. 38. Member States should provide an advisory service to guide non-governmental organizations and owners of land on national conservation policies consistent with the productive use of the land. 39. Member States should develop policies and programmes for restoration of natural areas made derelict by industry, or otherwise despoiled by man’s activities.

Legal measures 40. Depending upon their importance, the components of the cultural and natural heritage should be protected, individually or collectively, by legislation or regulations in conformity with the competence and the legal procedures of each country.

424

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

41. Measures for protection should be supplemented to the extent necessary by new provisions to promote the conservation of the cultural or natural heritage and to facilitate the presentation of its components. To that end, enforcement of protective measures should apply to individual owners and to public authorities when they are the owners of components of the cultural and natural heritage. 42. No new building should be erected, and no demolition, transformation, modiﬁcation or deforestation carried out, on any property situated on or in the vicinity of a protected site, if it is likely to aﬀect its appearance, without authorization by the specialized services. 43. Planning legislation to permit industrial development, or public and private works, should take into account existing legislation on conservation, The authorities responsible for the protection of the cultural and natural heritage might take steps to expedite the necessary conservation work, either by making ﬁnancial assistance available to the owner, or by acting in the owner’s place and exercising their powers to have the work done, with the possibility of their obtaining reimbursement of that share of the costs which the owner would normally have paid. 44. Where required for the preservation of the property, the public authorities might be empowered to expropriate a protected building or natural site, subject to the terms and conditions of domestic legislation. 45. Member States should establish regulations to control bill-posting, neon signs and other kinds of advertisement, commercial signs, camping, the erection of poles, pylons and electricity or telephone cables, the placing of television aerials, all types of vehicular traﬃc and parking, the placing of indicator panels, street furniture, etc., and, in general, everything connected with the equipment or occupation of property forming part of the cultural and natural heritage. 46. The eﬀects of the measures taken to protect any element of the cultural or natural heritage should continue regardless of changes of ownership. If a protected building or natural site is sold, the purchaser should be informed that it is under protection. 47. Penalties or administrative sanctions should be applicable, in accordance with the laws and constitutional competence of each State, to anyone who wilfully destroys, mutilates or defaces a protected monument, group of buildings or site, or one which is of archaeological, historical or artistic interest. In addition, equipment used in illicit excavation might be subject to conﬁscation. 48. Penalties or administrative sanctions should be imposed upon those responsible for any other action detrimental to the protection, conservation or presentation of a protected component of the cultural or natural heritage, and should include provision for the restoration of an aﬀected site to its original state in accordance with established scientiﬁc and technical standards.

Financial measures 49. Central and local authorities should, as far as possible, appropriate, in their budgets, a certain percentage of funds, proportionate to the importance of the protected property

Recommendations Adopted by the General Conference

425

forming part of their cultural or natural heritage, for the purposes of maintaining, conserving and presenting protected property of which they are the owners, and of contributing ﬁnancially to such work carried out on other protected property by the owners, whether public bodies or private persons. 50. The expenditure incurred in protecting, conserving and presenting items of the privately owned cultural and natural heritage should, so far as possible, be borne by their owners or users. 51. Tax concessions on such expenditures, or grants or loans on favourable terms, could be granted to private owners of protected properties, on condition that they carry out work for the protection, conservation, presentation and rehabilitation of their properties in accordance with approved standards. 52. Consideration should be given to indemnifying, if necessary, owners of protected cultural and natural areas for losses they might suﬀer as a consequence of protective programmes. 53. The ﬁnancial advantages accorded to private owners should, where appropriate, be dependent on their observance of certain conditions laid down for the beneﬁt of the public, such as their allowing access to parks, gardens and sites, tours through all of parts of natural sites, monuments or groups of buildings, the taking of photographs, etc. 54. Special funds should be set aside in the budgets of public authorities for the protection of the cultural and natural heritage endangered by large-scale public or private works. 55. To increase the ﬁnancial resources available to them, Member States may set up one or more ‘Cultural and Natural Heritage Funds’, as legally established public agencies, entitled to receive private gifts, donations and bequests, particularly from industrial and commercial ﬁrms. 56. Tax concessions could also be granted to those making gifts, donations or bequests for the acquisition, restoration or maintenance of speciﬁc components of the cultural and natural heritage. 57. In order to facilitate operations for rehabilitation of the natural and cultural heritage, Member States might make special arrangements, particularly by way of loans for renovation and restoration work, and might also make the necessary regulations to avoid price rises caused by real-estate speculation in the areas under consideration. 58. To avoid hardship to the poorer inhabitants consequent on their having to move from rehabilitated buildings or groups of buildings, compensation for rises in rent might be contemplated so as to enable them to keep their accommodation. Such compensation should be temporary and determined on the basis of the income of the parties concerned, so as to enable them to meet the increased costs occasioned by the work carried out. 59. Member States might facilitate the ﬁnancing of work of any description for the beneﬁt of the cultural and natural heritage by instituting ‘Loan Funds’, supported by public institutions and private credit establishments, which would be responsible for granting loans to owners at low interest rates and with repayment spread out over a long period.

426

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

VI. Educational and cultural action 60. Universities, educational establishments at all levels and lifelong education establishments should organize regular courses, lectures, seminars, etc., on the history of art, architecture, the environment and town planning. 61. Member States should undertake educational campaigns to arouse widespread public interest in, and respect for, the cultural and natural heritage. Continuing eﬀorts should be made to inform the public about what is being and can be done to protect the cultural or natural heritage and to inculcate appreciation and respect for the values it enshrines. For this purpose, all media of information should be employed as required. 62. Without overlooking the great economic and social value of the cultural and natural heritage, measures should be taken to promote and reinforce the eminent cultural and educational value of that heritage, furnishing as it does the fundamental motive for protecting, conserving and presenting it. 63. All eﬀorts on behalf of components of the cultural and natural heritage should take account of the cultural and educational value inherent in them as representative of an environment, a form of architecture or urban design commensurate with man and on his scale. 64. Voluntary organizations should be set up to encourage national and local authorities to make full use of their powers with regard to protection, to aﬀord them support and, if necessary, to obtain funds for them; these bodies should keep in touch with local historical societies, amenity improvement societies, local development committees and agencies concerned with tourism, etc., and might also organize visits to, and guided tours of, diﬀerent items of the cultural and natural heritage for their members. 65. Information centres, museums or exhibitions might be set up to explain the work being carried out on components of the cultural and natural heritage scheduled for rehabilitation.

VII. International cooperation 66. Member States should cooperate with regard to the protection, conservation and presentation of the cultural and natural heritage, seeking aid, if it seems desirable, from international organizations, both intergovernmental and non-governmental. Such multilateral or bilateral cooperation should be carefully coordinated and should take the form of measures such as the following: (a) exchange of information and of scientiﬁc and technical publications; (b) organization of seminars and working parties on particular subjects; (c) provision of study and travel fellowships, and of scientific, technical and administrative staﬀ, and equipment; (d) provision of facilities for scientiﬁc and technical training abroad, by allowing young research workers and technicians to take part in architectural projects, archaeological excavations and the conservation of natural sites;

Recommendations Adopted by the General Conference

(e)

427

coordination, within a group of Member States, of large-scale projects involving conservation, excavations, restoration and rehabilitation work, with the object of making the experience gained generally available.

The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its seventeenth session, which was held in Paris and declared closed the twenty-ﬁrst day of November 1972. IN FAITH WHEREOF, we have appended our signatures this twenty-third day of November 1972. The President of the General Conference The Director-General

428

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Recommendation concerning Education for International Understanding, Cooperation and Peace and Education relating to Human Rights and Fundamental Freedoms adopted by the General Conference of UNESCO at its 18th session, Paris, 19 November 1974 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 17 October to 23 November 1974, at its eighteenth session, Mindful of the responsibility incumbent on States to achieve through education the aims set forth in the Charter of the United Nations, the Constitution of UNESCO, the Universal Declaration of Human Rights and the Geneva Conventions for the Protection of Victims of War of 12 August 1949, in order to promote international understanding, cooperation and peace, and respect for human rights and fundamental freedoms, Reaﬃrming the responsibility, which is incumbent on UNESCO, to encourage and support in Member States any activity designed to ensure the education of all for the advancement of justice, freedom, human rights and peace, Noting nevertheless that the activity of UNESCO and of its Member States sometimes has an impact only on a small minority of the steadily growing numbers of school children, students, young people and adults continuing their education, and educators, and that the curricula and methods of international education are not always attuned to the needs and aspirations of the participating young people and adults, Noting moreover that in a number of cases there is still a wide disparity between proclaimed ideals, declared intentions and the actual situation, Having decided, at its seventeenth session, that this education should be the subject of a recommendation to Member States, Adopts, this nineteenth day of November 1974, the present Recommendation. The General Conference recommends that Member States should apply the following provisions by taking whatever legislative or other steps may be required, in conformity with the constitutional practice of each State, to give eﬀect within their respective territories to the principles set forth in this Recommendation. The General Conference recommends that Member States bring this Recommendation to the attention of the authorities, departments or bodies responsible for school education, higher education and out-of-school education, of the various organizations carrying out educational work among young people and adults, such as student and youth movements, associations of pupils’ parents, teachers’ unions and other interested parties.

Recommendations Adopted by the General Conference

429

The General Conference recommends that Member States submit to it, by dates and in the form to be decided upon by the Conference, reports concerning the action taken by them in pursuance of this Recommendation.

I. Signiﬁcance of terms 1. For the purposes of this Recommendation: (a) The word ‘education’ implies the entire process of social life by means of which individuals and social groups learn to develop consciously, within, and for the beneﬁt of, the national and international communities, the whole of their personal capacities, attitudes, aptitudes and knowledge. This process is not limited to any speciﬁc activities. (b) The terms ‘international understanding’, ‘cooperation’ and ‘peace’ are to be considered as an indivisible whole based on the principle of friendly relations between peoples and States having diﬀerent social and political systems, and on the respect for human rights and fundamental freedoms. In the text of this Recommendation, the diﬀerent connotations of these terms are sometimes gathered together in a concise expression, ‘international education’. (c) ‘Human rights’ and ‘fundamental freedoms’ are those deﬁned in the United Nations Charter, the Universal Declaration of Human Rights, and the International Covenants on Economic, Social and Cultural Rights, and on Civil and Political Rights.

II. Scope 2. This Recommendation applies to all stages and forms of education.

III. Guiding principles 3. Education should be infused with the aims and purposes set forth in the Charter of the United Nations, the Constitution of UNESCO and the Universal Declaration of Human Rights, particularly Article 26, paragraph 2, of the last-named, which states: ‘Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace’. 4. In order to enable every person to contribute actively to the fulﬁlment of the aims referred to in paragraph 3, and promote international solidarity and cooperation, which are necessary in solving the world problems aﬀecting the individuals’ and communities’ life and exercise of fundamental rights and freedoms, the following objectives should be regarded as major guiding principles of educational policy:

430

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(a) (b) (c) (d) (e) (f) (g)

an international dimension and a global perspective in education at all levels and in all its forms; understanding and respect for all peoples, their cultures, civilizations, values and ways of life, including domestic ethnic cultures and cultures of other nations; awareness of the increasing global interdependence between peoples and nations; abilities to communicate with others; awareness not only of the rights but also of the duties incumbent upon individuals, social groups and nations towards each other; understanding of the necessity for international solidarity and cooperation; readiness on the part of the individual to participate in solving the problems of his community, his country and the world at large.

5. Combining learning, training, information and action, international education should further the appropriate intellectual and emotional development of the individual. It should develop a sense of social responsibility and of solidarity with less privileged groups and should lead to observance of the principles of equality in everyday conduct. It should also help to develop qualities, aptitudes and abilities which enable the individual: to acquire a critical understanding of problems at the national and the international level; to understand and explain facts, opinions and ideas; to work in a group; to accept and participate in free discussions; to observe the elementary rules of procedure applicable to any discussion; and to base value judgements and decisions on a rational analysis of relevant facts and factors. 6. Education should stress the inadmissibility of recourse to war for purposes of expansion, aggression and domination, or to the use of force and violence for purposes of repression, and should bring every person to understand and assume his or her responsibilities for the maintenance of peace. It should contribute to international understanding and strengthening of world peace, and to the activities in the struggle against colonialism and neo-colonialism in all their forms and manifestations, and against all forms and varieties of racialism, fascism, and apartheid as well as other ideologies which breed national and racial hatred and which are contrary to the purposes of this Recommendation.

IV. National policy, planning and administration 7. Each Member State should formulate and apply national policies aimed at increasing the eﬃcacy of education in all its forms, and strengthening its contribution to international understanding and cooperation, to the maintenance and development of a just peace, to the establishment of social justice, to respect for and application of human rights and fundamental freedoms, and to the eradication of the prejudices, misconceptions, inequalities and all forms of injustice which hinder the achievement of these aims. 8. Member States should, in collaboration with the National Commissions, take steps to ensure cooperation between ministries and departments, and coordination of their eﬀorts to plan and carry out concerted programmes of action in international education.

Recommendations Adopted by the General Conference

431

9. Member States should provide, consistent with their constitutional provisions, the financial, administrative, material and moral support necessary to implement this Recommendation.

V. Particular aspects of learning, training and action Ethical and civic aspects 10. Member States should take appropriate steps to strengthen and develop, in the processes of learning and training, attitudes and behaviour based on recognition of the equality and necessary interdependence of nations and peoples. 11. Member States should take steps to ensure that the principles of the Universal Declaration of Human Rights and of the International Convention on the Elimination of All Forms of Racial Discrimination become an integral part of the developing personality of each child, adolescent, young person or adult, by applying these principles in the daily conduct of education at each level and in all its forms, thus enabling each individual to contribute personally to the regeneration and extension of education in the direction indicated. 12. Member States should urge educators, in collaboration with pupils, parents, the organizations concerned and the community, to use methods which appeal to the creative imagination of children and adolescents and to their social activities, and thereby to prepare them to exercise their rights and freedoms, while recognizing and respecting the rights of others and to perform their social duties. 13. Member States should promote, at every stage of education, an active civic training which will enable every person to gain a knowledge of the method of operation and the work of public institutions, whether local, national or international, to become acquainted with the procedures for solving fundamental problems, and to participate in the cultural life of the community and in public aﬀairs. Wherever possible, this participation should increasingly link education and action to solve problems at the local, national and international levels. 14. Education should include critical analysis of the historical and contemporary factors of an economic and political nature underlying the contradictions and tensions between countries, together with study of ways of overcoming these contradictions, which are the real impediments to understanding, true international cooperation and the development of world peace. 15. Education should emphasize the true interests of peoples and their incompatibility with the interests of monopolistic groups holding economic and political power, which practice exploitation and foment war. 16. Student participation in the organization of studies and of the educational establishment they are attending should itself be considered a factor in civic education and an important element in international education.

432

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Cultural aspects 17. Member States should promote, at various stages and in various types of education, study of diﬀerent cultures, their reciprocal inﬂuences, their perspectives and ways of life, in order to encourage mutual appreciation of the diﬀerences between them. Such study should, among other things, give due importance to the teaching of foreign languages, civilizations and cultural heritage as a means of promoting international and intercultural understanding.

Study of the major problems of mankind 18. Education should be directed both towards the eradication of conditions which perpetuate and aggravate major problems aﬀecting human survival and well-being – inequality, injustice, international relations based on the use of force – and towards measures of international cooperation likely to help solve them. Education, which in this respect must necessarily be of an interdisciplinary nature, should relate to such problems as: (a) equality of rights of peoples, and the right of peoples to self-determination; (b) the maintenance of peace; diﬀerent types of war and their causes and eﬀects; disarmament; the inadmissibility of using science and technology for warlike purposes, and their use for the purposes of peace and progress; the nature and eﬀect of economic, cultural and political relations between countries, and the importance of international law for these relations, particularly for the maintenance of peace; (c) action to ensure the exercise and observance of human rights, including those of refugees; racialism and its eradication; the ﬁght against discrimination in its various forms; (d) economic growth and social development, and their relation to social justice; colonialism and decolonization; ways and means of assisting developing countries; the struggle against illiteracy; the campaign against disease and famine; the ﬁght for a better quality of life and the highest attainable standard of health; population growth and related questions; (e) the use, management and conservation of natural resources; pollution of the environment; (f) preservation of the cultural heritage of mankind; (g) the role and methods of action of the United Nations system in eﬀorts to solve such problems, and possibilities for strengthening and furthering its action. 19. Steps should be taken to develop the study of those sciences and disciplines which are directly related to the exercise of the increasingly varied duties and responsibilities involved in international relations.

Other aspects 20. Member States should encourage educational authorities and educators to give education planned in accordance with this Recommendation an interdisciplinary, problemoriented content adapted to the complexity of the issues involved in the application of

Recommendations Adopted by the General Conference

433

human rights and in international cooperation, and in itself illustrating the ideas of reciprocal inﬂuence, mutual support and solidarity. Such programmes should be based on adequate research, experimentation and the identification of specific educational objectives. 21. Member States should endeavour to ensure that international educational activity is granted special attention and resources when it is carried out in situations involving particularly delicate or explosive social problems in relations, for example where there are obvious inequalities in opportunities for access to education.

VI. Action in various sectors of education 22. Increased eﬀorts should be made to develop and infuse an international and intercultural dimension at all stages and in all forms of education. 23. Member States should take advantage of the experience of the Associated Schools which carry out, with UNESCO’s help, programmes of international education. Those concerned with Associated Schools in Member States should strengthen and renew their eﬀorts to extend the programme to other educational institutions and work towards the general application of its results. In other Member States, similar action should be undertaken as soon as possible. The experience of other educational institutions which have carried out successful programmes of international education should also be studied and disseminated. 24. As pre-school education develops, Member States should encourage in it activities which correspond to the purposes of the Recommendation, because fundamental attitudes, such as, for example, attitudes on race, are often formed in the pre-school years. In this respect, the attitude of parents should be deemed to be an essential factor for the education of children, and the adult education referred to in paragraph 30 should pay special attention to the preparation of parents for their role in pre-school education. The ﬁrst school should be designed and organized as a social environment having its own character and value, in which various situations, including games, will enable children to become aware of their rights, to assert themselves freely while accepting their responsibilities, and to improve and extend through direct experience their sense of belonging to larger and larger communities – the family, the school, then the local, national and world communities. 25. Member States should urge the authorities concerned, as well as teachers and students, to re-examine periodically how post-secondary and university education should be improved so that it may contribute more fully to the attainment of the objectives of this Recommendation. 26. Higher education should comprise civic training and learning activities for all students that will sharpen their knowledge of the major problems, which they should help to solve, provide them with possibilities for direct and continuous action aimed at the solution of those problems, and improve their sense of international cooperation.

434

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

27. As post-secondary educational establishments, particularly universities, serve growing numbers of people, they should carry out programmes of international education as part of their broadened function in lifelong education and should, in all teaching, adopt a global approach. Using all means of communication available to them, they should provide opportunities, facilities for learning, and activities adapted to people’s real interests, problems and aspirations. 28. In order to develop the study and practice of international cooperation, post-secondary educational establishments should systematically take advantage of the forms of international action inherent in their role, such as visits from foreign professors and students, and professional cooperation between professors and research teams in diﬀerent countries. In particular, studies and experimental work should be carried out on the linguistic, social, emotional and cultural obstacles, tensions, attitudes and actions which aﬀect both foreign students and host establishments. 29. Every stage of specialized vocational training should include training to enable students to understand their role and the role of their professions in developing their society, furthering international cooperation, maintaining and developing peace, and to assume their role actively as early as possible. 30. Whatever the aims and forms of out-of-school education, including adult education, they should be based on the following considerations: (a) as far as possible, a global approach should be applied in all out-of-school education programmes, which should comprise the appropriate moral, civic, cultural, scientiﬁc and technical elements of international education; (b) all the parties concerned should combine eﬀorts to adapt and use the mass media of communication, self-education, and interactive learning, and such institutions as museums and public libraries, to convey relevant knowledge to the individual, to foster in him or her favourable attitudes and a willingness to take positive action, and to spread knowledge and understanding of the educational campaigns and programmes planned in accordance with the objectives of this Recommendation; (c) the parties concerned, whether public or private, should endeavour to take advantage of favourable situations and opportunities, such as the social and cultural activities of youth centres and clubs, cultural centres, community centres or trade unions, youth gatherings and festivals, sporting events, contacts with foreign visitors, students or immigrants, and exchanges of persons in general. 31. Steps should be taken to assist the establishment and development of such organizations as student and teacher associations for the United Nations, international relations clubs and UNESCO Clubs, which should be associated with the preparation and implementation of coordinated programmes of international education. 32. Member States should endeavour to ensure that, at each stage of school and out-ofschool education, activities directed towards the objectives of this Recommendation be coordinated and form a coherent whole within the curricula for the diﬀerent levels and types of education, learning and training. The principles of cooperation and association which are inherent in this Recommendation should be applied in all educational activities.

Recommendations Adopted by the General Conference

435

VII. Teacher preparation 33. Member States should constantly improve the ways and means of preparing and certifying teachers and other educational personnel for their role in pursuing the objectives of this Recommendation and should, to this end: (a) provide teachers with motivations for their subsequent work: commitment to the ethics of human rights and to the aim of changing society, so that human rights are applied in practice; a grasp of the fundamental unity of mankind; ability to instil appreciation of the riches which the diversity of cultures can bestow on every individual, group or nation; (b) provide basic interdisciplinary knowledge of world problems and the problems of international cooperation, through, among other means, work to solve these problems; (c) prepare teachers themselves to take an active part in devising programmes of international education and educational equipment and materials, taking into account the aspirations of pupils and working in close collaboration with them; (d) comprise experiments in the use of active methods of education and training in at least elementary techniques of evaluation, particularly those applicable to the social behaviour and attitudes of children, adolescents and adults; (e) develop aptitudes and skills such as a desire and ability to make educational innovations and to continue his or her training; experience in teamwork and in interdisciplinary studies; knowledge of group dynamics; and the ability to create favourable opportunities and take advantage of them; (f) include the study of experiments in international education, especially innovative experiments carried out in other countries, and provide those concerned, to the fullest possible extent, with opportunities for making direct contact with foreign teachers. 34. Member States should provide those concerned with direction, supervision or guidance – for instance, inspectors, educational advisers, principals of teacher-training colleges, and organizers of educational activities for young people and adults – with training, information and advice enabling them to help teachers work towards the objectives of this Recommendation, taking into account the aspirations of young people with regard to international problems and new educational methods that are likely to improve prospects for fulﬁlling these aspirations. For these purposes, seminars or refresher courses relating to international and intercultural education should be organized to bring together authorities and teachers; other seminars or courses might permit supervisory personnel and teachers to meet with other groups concerned, such as parents, students, and teachers’ associations. Since there must be a gradual but profound change in the role of education, the results of experiments for the remodelling of structures and hierarchical relations in educational establishments should be reﬂected in training, information and advice. 35. Member States should endeavour to ensure that any programme of further training for teachers in service, or for personnel responsible for direction, includes components of international education and opportunities to compare the results of their experiences in international education.

436

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

36. Member States should encourage and facilitate educational study and refresher courses abroad, particularly by awarding fellowships, and should encourage recognition of such courses as part of the regular process of initial training, appointment, refresher training and promotion of teachers. 37. Member States should organize or assist bilateral exchanges of teachers at all levels of education.

VIII. Educational equipment and materials 38. Member States should increase their eﬀorts to facilitate the renewal, production, dissemination and exchange of equipment and materials for international education, giving special consideration to the fact that in many countries pupils and students receive most of their knowledge about international aﬀairs through the mass media outside the school. To meet the needs expressed by those concerned with international education, eﬀorts should be concentrated on overcoming the lack of teaching aids and on improving their quality. Action should be on the following lines: (a) appropriate and constructive use should be made of the entire range of equipment and aids available, from textbooks to television, and of the new educational technology; (b) there should be a component of special mass media education in teaching to help the pupils to select and analyse the information conveyed by mass media; (c) a global approach, comprising the introduction of international components, serving as a framework for presenting local and national aspects of diﬀerent subjects and illustrating the scientiﬁc and cultural history of mankind, should be employed in textbooks and all other aids to learning, with due regard to the value of the visual arts and music as factors conducive to understanding between diﬀerent cultures; (d) written and audio-visual materials of an interdisciplinary nature, illustrating the major problems confronting mankind and showing in each case the need for international cooperation, and its practical form, should be prepared in the language or languages of instruction of the country with the aid of information supplied by the United Nations, UNESCO and other Specialized Agencies; (e) documents and other materials illustrating the culture and the way of life of each country, the chief problems with which it is faced, and its participation in activities of worldwide concern should be prepared and communicated to other countries. 39. Member States should promote appropriate measures to ensure that educational aids, especially textbooks, are free from elements liable to give rise to misunderstanding, mistrust, racialist reactions, contempt or hatred with regard to other groups or peoples. Materials should provide a broad background of knowledge, which will help learners to evaluate information and ideas disseminated through the mass media that seem to run counter to the aims of this Recommendation.

Recommendations Adopted by the General Conference

437

40. According to its needs and possibilities, each Member State should establish or help to establish one or more documentation centres oﬀering written and audio-visual material devised according to the objectives of this Recommendation and adapted to the diﬀerent forms and stages of education. These centres should be designed to foster the reform of international education, especially by developing and disseminating innovative ideas and materials, and should also organize and facilitate exchanges of information with other countries.

IX. Research and experimentation 41. Member States should stimulate and support research on the foundations, guiding principles, means of implementation, and eﬀects of international education, and on innovations and experimental activities in this ﬁeld, such as those taking place in the Associated Schools. This action calls for collaboration by universities, research bodies and centres, teacher-training institutions, adult education training centres and appropriate nongovernmental organizations. 42. Member States should take appropriate steps to ensure that teachers and the various authorities concerned build international education on a sound psychological and sociological basis by applying the results of research carried out in each country on the formation and development of favourable or unfavourable attitudes and behaviour, on attitude change, on the interaction of personality development and education, and on the positive or negative eﬀects of educational activity. A substantial part of this research should be devoted to the aspirations of young people concerning international problems and relations.

X. International cooperation 43. Member States should consider international cooperation a responsibility in developing international education. In the implementation of this Recommendation they should refrain from intervening in matters which are essentially within the domestic jurisdiction of any State in accordance with the United Nations Charter. By their own actions, they should demonstrate that implementing this Recommendation is itself an exercise in international understanding and cooperation. They should, for example, organize, or help the appropriate authorities and non-governmental organizations to organize, an increasing number of international meetings and study sessions on international education; strengthen their programmes for the reception of foreign students, research workers, teachers and educators belonging to workers’ associations and adult education associations; promote reciprocal visits by school children, and student and teacher exchanges; extend and intensify exchanges of information on cultures and ways of life; arrange for the translation or adaptation and dissemination of information and suggestions coming from other countries.

438

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

44. Member States should encourage the cooperation between their Associated Schools and those of other countries, with the help of UNESCO, in order to promote mutual beneﬁts by expanding their experiences in a wider international perspective. 45. Member States should encourage wider exchanges of textbooks, especially history and geography textbooks, and should, where appropriate, take measures, by concluding, if possible, bilateral and multilateral agreements, for the reciprocal study and revision of textbooks and other educational materials in order to ensure that they are accurate, balanced, up to date and unprejudiced and will enhance mutual knowledge and understanding between diﬀerent peoples. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its eighteenth session, which was held in Paris and declared closed the twenty-third day of November 1974. IN FAITH WHEREOF, we have appended our signatures this twenty-ﬁfth day of November 1974. The President of the General Conference The Director-General

Recommendations Adopted by the General Conference

439

Recommendation on the Status of Scientiﬁc Researchers adopted by the General Conference of UNESCO at its 18th session, Paris, 20 November 1974 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization (UNESCO), meeting in Paris from 17 October to 23 November 1974, at its eighteenth session, Recalling that, by the terms of the ﬁnal paragraph of the Preamble to its Constitution, UNESCO seeks – by means of promoting, inter alia, the scientiﬁc relations of the peoples of the world – to advance the objectives of international peace and of the common welfare of mankind for which the United Nations Organization was established and which its Charter proclaims, Considering the terms of the Universal Declaration of Human Rights adopted by the United Nations General Assembly on 10 December 1948, and in particular Article 27.1 thereof, which provides that everyone has the right freely to participate in the cultural life of the community, and to share in scientiﬁc advancement and its beneﬁts, Recognizing that: (a) scientiﬁc discoveries and related technological developments and applications open up vast prospects for progress, made possible in particular by the optimum utilization of science and scientiﬁc methods for the beneﬁt of mankind and for the preservation of peace and the reduction of international tensions, but may, at the same time, entail certain dangers which constitute a threat, especially in cases where the results of scientiﬁc research are used against mankind’s vital interests in order to prepare wars involving destruction on a massive scale or for purposes of the exploitation of one nation by another, and in any event give rise to complex ethical and legal problems, (b) to face this challenge, Member States should develop or devise machinery for the formulation and execution of adequate science and technology policies, that is to say, policies designed to avoid the possible dangers and fully realize and exploit the positive prospects inherent in such discoveries, technological developments and applications, Recognizing also: (a) that a cadre of talented and trained personnel is the cornerstone of an indigenous research and experimental development capability and indispensable for the utilization and exploitation of research carried out elsewhere, (b) that open communication of the results, hypotheses and opinions – as suggested by the phrase ‘academic freedom’ – lies at the very heart of the scientiﬁc process, and provides the strongest guarantee of accuracy and objectivity of scientiﬁc results, (c) the necessity of adequate support and essential equipment for performance of research and experimental development,

440

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Observing that, in all parts of the world, this aspect of policy-making is coming to assume increasing importance for the Member States; having in mind the intergovernmental initiatives set out in the Annex to this Recommendation, demonstrating recognition by Member States of the growing value of science and technology for tackling various world problems on a broad international basis, thereby strengthening cooperation among nations as well as promoting the development of individual nations; and conﬁdent that these trends predispose Member States to the taking of concrete action for the introduction and pursuit of adequate science and technology policies, Persuaded that such governmental action can considerably assist in the creation of those conditions which encourage and assist indigenous capability to perform research and experimental development in an enhanced spirit of responsibility towards man and his environment, Believing that one of the foremost of these conditions must be to ensure a fair status for those who actually perform research and experimental development in science and technology, taking due account of the responsibilities inherent in, and the rights necessary to, the performance of that work, Considering that scientiﬁc research activity is carried out in exceptional working conditions and demands a highly responsible attitude on the part of the scientiﬁc researchers towards that work, towards their country and towards the international ideals and objectives of the United Nations, and that workers in this profession accordingly need an appropriate status, Convinced that the current climate of governmental, scientiﬁc and public opinion makes the moment opportune for the General Conference to formulate principles for the assistance of member governments desirous of ensuring fair status for the workers concerned, Recalling that much valuable work in this respect has already been accomplished both in respect of workers generally and in respect of scientiﬁc researchers in particular, notably by the international instruments and other texts recalled in this Preamble and in the Annex to this Recommendation, Conscious that the phenomenon frequently known as the ‘brain drain’ of scientiﬁc researchers has in the past caused widespread anxiety, and that to certain Member States it continues to be a matter of considerable preoccupation; having present in mind, in this respect, the paramount needs of the developing countries; and desiring accordingly to give scientiﬁc researchers stronger reasons for serving in countries and areas which stand most in need of their services, Convinced that similar questions arise in all countries with regard to the status of scientiﬁc researchers, and that these questions call for the adoption of the common approaches, and so far as practicable, the application of the common standards and measures which it is the purpose of this Recommendation to set out, However, taking fully into account, in the adoption and application of this Recommendation, the great diversity of the laws, regulations and customs which, in diﬀerent countries,

Recommendations Adopted by the General Conference

441

determine the pattern and organization of research work and experimental development in science and technology, Desiring for these reasons to complement the standards and recommendations set out in the laws and decrees of every country and sanctioned by its customs, and those contained in the international instruments and other documents referred to in this Preamble and in the Annex to this Recommendation, by provisions relating to questions of central concern to scientiﬁc researchers, Having before it, as item 26 of the agenda of the session, proposals concerning the status of scientiﬁc researchers, Having decided, at its seventeenth session, that these proposals should take the form of a recommendation to Member States, Adopts this Recommendation this twentieth day of November 1974. The General Conference recommends that Member States should apply the following provisions by taking whatever legislative or other steps may be required to apply within their respective territories the principles and norms set forth in this Recommendation. The General Conference recommends that Member States should bring this Recommendation to the attention of the authorities, institutions and enterprises responsible for the conduct of research and experimental development and the application of its results, and of the various organizations representing or promoting the interests of scientiﬁc researchers in association, and other interested parties. The General Conference recommends that Member States should report to it, on dates and in a manner to be determined by it, on the action they have taken to give eﬀect to this Recommendation

I. Scope of application 1. For the purposes of this Recommendation: (a) (i) The word ‘science’ signifies the enterprise whereby mankind, acting individually or in small or large groups: makes an organized attempt, by means of the objective study of observed phenomena, to discover and master the chain of causalities; brings together in a coordinated form the resultant sub-systems of knowledge, by means of systematic reflection and conceptualization, often largely expressed in the symbols of mathematics; and thereby furnishes itself with the opportunity of using, to its own advantage, understanding of the processes and phenomena occurring in nature and society. (ii) The expression ‘the sciences’ signiﬁes a complex of fact and hypothesis, in which the theoretical element is normally capable of being validated, and to that extent includes the sciences concerned with social facts and phenomena.

442 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b) (c)

(d)

(e)

The word ‘technology’ signiﬁes such knowledge as relates directly to the production or improvement of goods or services. (i) The expression ‘scientific research’ signifies those processes of study, experiment, conceptualization and theory-testing involved in the generation of scientiﬁc knowledge, as described in paragraphs 1(a) (i) and 1(a) (ii) above. (ii) The expression ‘experimental development’ signifies the processes of adaptation, testing and reﬁnement which lead to the point of practical applicability. (i) The expression ‘scientiﬁc researchers’ signiﬁes those persons responsible for investigating a speciﬁc domain in science or technology. (ii) On the basis of the provisions of this Recommendation, each Member State may determine the criteria for inclusion in the category of persons recognized as scientiﬁc researchers (such as possession of diplomas, degrees, academic titles or functions), as well as the exceptions to be allowed for. The word ‘status’ as used in relation to scientiﬁc researchers signiﬁes the standing or regard accorded them, as evidenced, ﬁrst, by the level of appreciation both of the duties and responsibilities inherent in their function and of their competence in performing them, and, secondly, by the rights, working conditions, material assistance and moral support which they enjoy for the accomplishment of their task.

2. This Recommendation applies to all scientiﬁc researchers, irrespective of: (a) the legal status of their employer, or the type of organization or establishment in which they work; (b) their scientiﬁc or technological ﬁelds of specialization; (c) the motivation underlying the scientiﬁc research and experimental development in which they engage; (d) the kind of application to which that scientiﬁc research and experimental development relates most immediately. 3. In the case of scientiﬁc researchers performing scientiﬁc research and experimental development on a part-time basis, this Recommendation applies to them only at such times and in such contexts as they are engaged upon the activity of scientiﬁc research and experimental development.

II. Scientiﬁc researchers in the context of national policy-making 4. Each Member State should strive to use scientiﬁc and technological knowledge for the enhancement of the cultural and material well-being of its citizens, and to further the United Nations ideals and objectives. To attain this objective, each Member State should equip itself with the personnel, institutions and mechanisms necessary for developing and putting into practice national science and technology policies aimed at directing scientiﬁc research and experimental development eﬀorts to the achievement of national goals, while

Recommendations Adopted by the General Conference

443

according a suﬃcient place to science per se. By the policies they adopt in respect of science and technology, by the way in which they use science and technology in policy-making generally, and by their treatment of scientiﬁc researchers in particular, Member States should demonstrate that science and technology are not activities to be carried on in isolation but part of the nations’ integrated eﬀort to set up a society that will be more humane and really just. 5. At all appropriate stages of their national planning, generally, and of their planning in science and technology, speciﬁcally, Member States should: (a) treat public funding of scientiﬁc research and experimental development as a form of public investment the returns on which are, for the most part, necessarily long term; and (b) take all appropriate measures to ensure that the justiﬁcation for, and indeed the indispensability of, such expenditure is held constantly before public opinion. 6. Member States should make every eﬀort to translate into terms of international policies and practices their awareness of the need to apply science and technology in a great variety of speciﬁc ﬁelds of wider than national concern: namely, such vast and complex problems as the preservation of international peace and the elimination of want, and other problems which can only be eﬀectively tackled on an international basis, such as pollution monitoring and control, weather forecasting and earthquake prediction. 7. Member States should cultivate opportunities for scientiﬁc researchers to participate in the outlining of national scientiﬁc research and experimental development policy. In particular, each Member State should ensure that these processes are supported by appropriate institutional mechanisms enjoying adequate advice and assistance from scientiﬁc researchers and their professional organizations. 8. Each Member State should institute procedures adapted to its needs for ensuring that, in the performance of publicly supported scientiﬁc research and experimental development, scientiﬁc researchers respect public accountability while at the same time enjoying the degree of autonomy appropriate to their task and to the advancement of science and technology. It should be fully taken into account that creative activities of scientiﬁc researchers should be promoted in the national science policy on the basis of utmost respect for the autonomy and freedom of research necessary to scientiﬁc progress. 9. With the above ends in view, and with respect for the principle of freedom of movement of scientiﬁc researchers, Member States should be concerned to create that general climate, and to provide those speciﬁc measures for the moral and material support and encouragement of scientiﬁc researchers, as will: (a) ensure that young people of high calibre ﬁnd suﬃcient attraction in the vocation, and suﬃcient conﬁdence in scientiﬁc research and experimental development as a career oﬀering reasonable prospects and a fair degree of security, to maintain a constantly adequate regeneration of the nation’s scientiﬁc and technological personnel; (b) facilitate the emergence and stimulate the appropriate growth, among its own citizens, of a body of scientiﬁc researchers regarding themselves and regarded by

444

(c)

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

their colleagues throughout the world as worthy members of the international scientiﬁc and technological community; encourage a situation in which the majority of scientiﬁc researchers or young people who aspire to become scientiﬁc researchers are provided with the necessary incentives to work in the service of their country and to return there if they seek some of their education, training or experience abroad.

III. The initial education and training of scientiﬁc researchers 10. Member States should have regard for the fact that eﬀective scientiﬁc research calls for scientiﬁc researchers of integrity and maturity, combining high moral and intellectual qualities. 11. Among the measures which Member States should take to assist the emergence of scientiﬁc researchers of this high calibre are: (a) ensuring that, without discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, economic condition or birth, all citizens enjoy equal opportunities for the initial education and training needed to qualify for scientiﬁc research work, as well as ensuring that all citizens who succeed in so qualifying enjoy equal access to available employment in scientiﬁc research; (b) encouragement of the spirit of community service as an important element in such education and training for scientiﬁc workers. 12. So far as is compatible with the necessary and proper independence of educators, Member States should lend their support to all educational initiatives designed to foster that spirit, such as: (a) the incorporation or development, in the curricula and courses concerning the natural sciences and technology, of elements of social and environmental sciences; (b) the development and use of educational techniques for awakening and stimulating such personal qualities and habits of mind as: (i) disinterestedness and intellectual integrity; (ii) the ability to review a problem or situation in perspective and in proportion, with all its human implications; (iii) skill in isolating the civic and ethical implications, in issues involving the search for new knowledge and which may at ﬁrst sight seem to be of a technical nature only; (iv) vigilance as to the probable and possible social and ecological consequences of scientiﬁc research and experimental development activities; (v) willingness to communicate with others not only in scientific and technological circles but also outside those circles, which implies willingness to work in a team and in a multi-occupational context.

Recommendations Adopted by the General Conference

445

IV. The vocation of the scientiﬁc researcher 13. Member States should bear in mind that the scientiﬁc researcher’s sense of vocation can be powerfully reinforced if he is encouraged to think of his work in terms of service both to his fellow countrymen and to his fellow human beings in general. Member States should seek, in their treatment of and attitude towards scientiﬁc researchers, to express encouragement for scientiﬁc research and experimental development performed in this broad spirit of community service.

The civic and ethical aspect of scientific research 14. Member States should seek to encourage conditions in which scientiﬁc researchers, with the support of the public authorities, have the responsibility and the right: (a) to work in a spirit of intellectual freedom to pursue, expound and defend the scientiﬁc truth as they see it; (b) to contribute to the deﬁnition of the aims and objectives of the programmes in which they are engaged, and to the determination of the methods to be adopted, which should be humanely, socially and ecologically responsible; (c) to express themselves freely on the human, social or ecological value of certain projects and, in the last resort, withdraw from those projects if their conscience so dictates; (d) to contribute positively and constructively to the fabric of science, culture and education in their own country, as well as to the achievement of national goals, the enhancement of their fellow citizens’ well-being, and the furtherance of the international ideals and objectives of the United Nations; it being understood that Member States, when acting as employers of scientiﬁc researchers, should specify as explicitly and narrowly as possible the cases in which they deem it necessary to depart from the principles set out in paragraphs (a) to (d) above. 15. Member States should take all appropriate steps to urge all other employers of scientiﬁc researchers to follow the recommendations contained in paragraph 14.

The international aspect of scientific research 16. Member States should recognize that scientiﬁc researchers encounter, with increasing frequency, situations in which the scientiﬁc research and experimental development on which they are engaged has an international dimension; and should endeavour to assist scientiﬁc researchers to exploit such situations in the furtherance of international peace, cooperation and understanding, and the common welfare of mankind. 17. Member States should in particular provide all possible support to the initiatives of scientiﬁc researchers undertaken in search of improved understanding of factors involved in the survival and well-being of mankind as a whole. 18. Each Member State should enlist the knowledge, industry and idealism of those of its citizens who are scientiﬁc researchers, especially of the younger generation, in the task of furnishing as generous a contribution as its resources can permit to the world’s scientiﬁc

446 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

and technological research eﬀort. Member States should welcome all the advice and assistance scientiﬁc researchers can provide, in socio-economic development eﬀorts that will contribute to the consolidation of an authentic culture and of national sovereignty. 19. In order that the full potentialities of scientiﬁc and technological knowledge be promptly geared to the beneﬁt of all peoples, Member States should urge scientiﬁc researchers to keep in mind the principles set out in paragraphs 16, 17 and 18.

V. Conditions for success on the part of scientiﬁc researchers 20. Member States should: (a) bear in mind that the public interest, as well as that of scientiﬁc researchers, requires moral support and material assistance conducive to successful performance in scientiﬁc research and experimental development by scientiﬁc researchers; (b) recognize that in this respect they have, as employers of scientiﬁc researchers, a leading responsibility, and should attempt to set an example to other employers of such researchers; (c) urge all other employers of scientiﬁc researchers to pay close attention to the provision of satisfactory working conditions for scientiﬁc researchers, notably in respect of all the provisions of the present section; (d) ensure that scientiﬁc researchers enjoy conditions of work and pay commensurate with their status and performance without discrimination on the basis of sex, language, age, religion or national origin.

Adequate career development prospects and facilities 21. Member States should draw up, preferably within the framework of a comprehensive national manpower policy, policies in respect of employment which adequately cover the needs of scientiﬁc researchers, in particular by: (a) providing scientiﬁc researchers in their direct employment with adequate career development prospects and facilities, though not necessarily exclusively in the ﬁelds of scientiﬁc research and experimental development; and encouraging nongovernmental employers to do likewise; (b) making every eﬀort to plan scientiﬁc research and experimental development in such a way that the scientiﬁc researchers concerned are not subjected, merely by the nature of their work, to avoidable hardship; (c) considering the provision of the necessary funds for facilities for readaptation and redeployment, in respect of the scientiﬁc researchers in their permanent employ, as an integral part of scientiﬁc research and experimental development planning, especially, but not exclusively, in the case of programmes or projects designed as limited-duration activities; and, where these facilities are not possible, by providing appropriate compensatory arrangements;

Recommendations Adopted by the General Conference

(d)

447

oﬀering challenging opportunities for young scientiﬁc researchers to do signiﬁcant scientiﬁc research and experimental development, in accordance with their abilities.

Permanent self-re-education 22. Member States should seek to encourage that: (a) like other categories of workers facing similar problems, scientiﬁc researchers enjoy opportunities for keeping themselves up to date in their own and in related subjects, by attendance at conferences, by free access to libraries and other sources of information, and by participation in educational or vocational courses; and, where necessary, scientiﬁc researchers should have the opportunity to undergo further scientiﬁc training with a view to transferring to another branch of scientiﬁc activity; (b) appropriate facilities are provided for this purpose.

Mobility in general, and the civil service in particular 23. Member States should take measures to encourage and facilitate, as part of a comprehensive national policy for highly qualiﬁed manpower, the interchange or mobility of scientiﬁc researchers, as between scientiﬁc research and experimental development service in the government and in the higher education and productive enterprise contexts. 24. Member States should also bear in mind that the machinery of government at all levels can beneﬁt from the special skills and insights provided by scientiﬁc researchers. All Member States could therefore proﬁtably beneﬁt from a careful comparative examination of the experience gained in those Member States which have introduced salary scales and other conditions of employment specially designed for scientiﬁc researchers, with a view to determining to what extent such schemes would help meet their own national needs. Matters which appear to require particular attention in this respect are: (a) optimum utilization of scientific researchers within the framework of a comprehensive national policy for highly qualiﬁed manpower; (b) the desirability of providing procedures with all the necessary guarantees allowing for the periodic review of the material conditions of scientiﬁc researchers to ensure that they remain equitably comparable with those of other workers having equivalent experience and qualiﬁcations and in keeping with the country’s standard of living; (c) the possibility of providing adequate career development prospects in public research bodies; as well as the need to give scientiﬁcally or technologically qualiﬁed researchers the option of transferring from scientiﬁc research and experimental development positions to administrative positions. 25. Member States should furthermore turn to advantage the fact that science and technology can be stimulated by close contact with other spheres of national activity, and vice versa. Member States should accordingly take care not to discourage scientiﬁc

448 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

researchers whose predilections and talents, initially cultivated in the scientiﬁc research and experimental development context proper, lead them to progress into cognate activities. Member States should on the contrary be vigilant to encourage those scientiﬁc researchers whose original scientiﬁc research and experimental development training and subsequently acquired experience reveal potentialities lying in such ﬁelds as management of scientiﬁc research and experimental development or the broader ﬁeld of science and technology policies as a whole, to develop to the full their talents in these directions.

Participation in international scientific and technological gatherings 26. Member States should actively promote the interplay of ideas and information among scientiﬁc researchers throughout the world, which is vital to the healthy development of science and technology; and to this end should take all measures necessary to ensure that scientiﬁc researchers are enabled, throughout their careers, to participate in international scientiﬁc and technological gatherings and to travel abroad. 27. Member States should furthermore see to it that all governmental or quasigovernmental organizations in which, or under whose authority, scientiﬁc research and experimental development are performed regularly devote a portion of their budget to ﬁnancing the participation, at such international scientiﬁc and technological gatherings, of scientiﬁc researchers in their employ.

Access by scientific researchers to positions of greater responsibility with corresponding rewards 28. Member States should encourage in practice that decisions as to access by scientiﬁc researchers in their employ to positions of greater responsibility, and correspondingly higher rewards, are formulated essentially on the basis of fair and realistic appraisal of the capacities of the persons concerned, as evidenced by their current or recent performances, as well as on the basis of formal or academic evidence of knowledge acquired or skills demonstrated by them.

Protection of health; social security 29. (a) Member States should accept that, as employers of scientiﬁc researchers, the onus is on them – in accordance with national regulations and the international instruments concerned with the protection of workers in general from hostile or dangerous environments – to guarantee, so far as is reasonably possible, the health and safety of the scientiﬁc researchers in their employ, as of all other persons likely to be aﬀected by the scientiﬁc research and experimental development in question. They should accordingly ensure that the managements of scientiﬁc establishments: enforce appropriate safety standards; train all those in their employ in the necessary safety procedures; monitor and safeguard the health of all persons at risk; take due note of warnings of new (or possible new) hazards brought to their attention, in particular by the scientiﬁc researchers themselves, and act accordingly; and ensure

Recommendations Adopted by the General Conference

(b)

449

that the working day and rest periods are of reasonable length, the latter to include annual leave on full pay. Member States should take all appropriate steps to urge like practices on all other employers of scientiﬁc researchers.

30. Member States should ensure that provision is made for scientiﬁc researchers to enjoy (in common with all other workers) adequate and equitable social security arrangements appropriate to their age, sex, family situation, state of health and to the nature of the work they perform.

Promotion, appraisal, expression and recognition of creativity Promotion 31. Member States should be actively concerned to stimulate creative performance in the ﬁeld of science and technology by all scientiﬁc researchers.

Appraisal 32. Member States should, as regards scientiﬁc researchers in their employ: (a) take due account, in all procedures for appraisal of the creativity of scientiﬁc researchers, of the diﬃculty inherent in measuring a personal capacity which seldom manifests itself in a constant and unﬂuctuating form; (b) enable and, as appropriate, encourage scientiﬁc researchers in whom it appears this capacity might be proﬁtably stimulated: (i) either to turn to a new ﬁeld of science or technology; (ii) or else to progress from scientiﬁc research and experimental development to other occupations in which the experience they have acquired, and the other personal qualities of which they have given proof, can be put to better use in a new context. 33. Member States should urge like practices upon other employers of scientific researchers. 34. As elements pertinent to appraisal of creativity, Member States should seek to ensure that scientiﬁc researchers may: (a) receive without hindrance the questions, criticisms and suggestions addressed to them by their colleagues throughout the world, as well as the intellectual stimulus aﬀorded by such communications and the exchanges to which they give rise; (b) enjoy in tranquillity international acclaim warranted by their scientiﬁc merit. 35. Member States should encourage and facilitate publication of the results obtained by scientiﬁc researchers, with a view to assisting them to acquire the reputation which they merit, as well as with a view to promoting the advancement of science and technology, education and culture generally.

450 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

36. To this end, Member States should ensure that the scientiﬁc and technological writings of scientiﬁc researchers enjoy appropriate legal protection, and in particular the protection aﬀorded by copyright law. 37. Member States should, in consultation with scientiﬁc researchers’ organizations and as a matter of standard practice, encourage the employers of scientiﬁc researchers, and themselves as employers seek: (a) to regard it as the norm that scientiﬁc researchers be at liberty and encouraged to publish the results of their work; (b) to minimize the restrictions placed upon scientiﬁc researchers’ right to publish their ﬁndings, consistent with public interest and the right of their employers and fellow workers; (c) to express as clearly as possible, in writing, in the terms and conditions of their employment, the circumstances in which such restrictions are likely to apply; (d) similarly, to make clear the procedures by which scientiﬁc researchers can ascertain whether the restrictions mentioned in this paragraph apply in ‘a particular’ case, and by which he can appeal.

Recognition 38. Member States should demonstrate that they attach high importance to the scientiﬁc researcher’s receiving appropriate moral support and material compensation for the creative eﬀort which is shown in his work. 39. Accordingly, Member States should: (a) bear in mind that: (i) the degree to which scientific researchers receive credit for and acknowledgement of their proven creativity may aﬀect their level of perceived job satisfaction; (ii) job satisfaction is likely to aﬀect performance in scientiﬁc research generally, and may affect specifically the creative element in that performance; (b) adopt, and urge the adoption of, appropriate treatment of scientiﬁc researchers with respect to their proven creative eﬀort. 40. Similarly, Member States should adopt, and urge the adoption of, the following standard practices: (a) written provisions to be included in the terms and conditions of employment of scientiﬁc researchers, stating clearly what rights (if any) belong to them (and, where appropriate, other interested parties) in respect of any discovery, invention, or improvement in technical know-how which may arise in the course of the scientiﬁc research and experimental development which those researchers undertake; (b) the attention of scientiﬁc researchers to be always drawn by the employer to such written provisions before the scientiﬁc researchers enter employment.

Recommendations Adopted by the General Conference

451

Reasonable flexibility in the interpretation and application of texts setting out the terms and conditions of employment of scientific researchers 41. Member States should seek to ensure that the performance of scientiﬁc research and experimental development be not reduced to pure routine. They should therefore see to it that all texts setting out terms of employment for, or governing the conditions of work of, scientiﬁc researchers be framed and interpreted with all the desirable ﬂexibility to meet the requirements of science and technology. This ﬂexibility should not however be invoked in order to impose on scientiﬁc researchers conditions that are inferior to those enjoyed by other workers of equivalent qualifications and responsibility.

The advancement of their various interests by scientific researchers in association 42. Member States should recognize it as wholly legitimate, and indeed desirable, that scientiﬁc researchers should associate to protect and promote their individual and collective interests, in bodies such as trade unions, professional associations and learned societies, in accordance with the rights of workers in general and inspired by the principles set out in the international instruments listed in the Annex to this Recommendation. In all cases where it is necessary to protect the rights of scientiﬁc researchers, these organizations should have the right to support the justiﬁed claims of such researchers.

VI. Utilization and exploitation of the present Recommendation 43. Member States should strive to extend and complement their own action in respect of the status of scientiﬁc researchers by cooperating with all national and international organizations whose activities fall within the scope and objectives of this Recommendation, in particular: National Commissions for UNESCO; international organizations; organizations representing science and technology educators; employers generally; learned societies, professional associations and trade unions of scientiﬁc researchers; associations of science writers; youth organizations. 44. Member States should support the work of the bodies mentioned above by the most appropriate means. 45. Member States should enlist the vigilant and active cooperation of all organizations representing scientiﬁc researchers, in ensuring that the latter may, in a spirit of community service, eﬀectively assume the responsibilities, enjoy the rights and obtain the recognition of the status described in this Recommendation.

452 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

VII. Final provision 46. Where scientiﬁc researchers enjoy a status which is, in certain respects, more favourable than that provided for in this Recommendation, its terms should not be invoked to diminish the status already acquired.

Annex: International instruments and other texts concerning workers in general or scientific researchers in particular A. International conventions Adopted by the International Conference of the International Labour Organization: the Freedom of Association and Protection of the Right to Organize Convention, 1948; the Right to Organize and Collective Bargaining Convention, 1949; the Equal Remuneration Convention, 1951; the Social Security (Minimum Standards) Convention, 1952; the Discrimination (Employment and Occupation) Convention, 1958; the Radiation Protection Convention, 1960; the Employment Injury Beneﬁts Convention, 1964; the Invalidity, Old-Age and Survivors’ Beneﬁts Convention, 1967; the Medical Care and Sickness Beneﬁts Convention, 1969; the Benzene Convention, 1971.

B. Recommendations Adopted by the International Conference of the International Labour Organization: the Collective Agreements Recommendation, 1951; the Voluntary Conciliation and Arbitration Recommendation, 1951; the Radiation Protection Recommendation, 1960; the Consultation (Industrial and National Levels) Recommendation, 1960; the Employment Injury Beneﬁts Recommendation, 1964; the Invalidity, Old-Age and Survivors’ Benefits Recommendation, 1967; the Communication within the Undertaking Recommendation, 1967; the Examination of Grievances Recommendation, 1967; the Medical Care and Sickness Beneﬁts Recommendation, 1969; the Workers’ Representatives Recommendation, 1971; the Benzene Recommendation, 1971.

C. Other intergovernmental initiatives Resolution No. 1826 adopted by the United Nations Economic and Social Council on 10 August 1973 at its ﬁfty-ﬁfth session, on the ‘Role of modern science and technology in the development of nations and the need to strengthen economic, technical and scientiﬁc cooperation among States’; the World Plan of Action for the Application of Science and Technology to Development, drawn up under the auspices of the same Council; the Declaration of the United Nations Conference on the Human Environment, proclaimed at Stockholm in June 1972.

Recommendations Adopted by the General Conference

453

D. Prepared by the World Intellectual Property Organization (WIPO) Model Law for Developing Countries on Inventions, 1965.

E. Prepared by the International Council of Scientiﬁc Unions (ICSU) Texts entitled: I. Statement on the Fundamental Character of Science; II. Charter for Scientists; III. On the Dangers Arising from Unbalanced Applications of the Powers Given by Science; prepared by ICSU’s Committee on Science and its Social Relations (CSSR) and transmitted to all members of ICSU at the request of ICSU’s General Assembly (ﬁfth session, 1949). Resolution on ‘Free Circulation of Scientists’ adopted by the fourteenth session of the ICSU General Assembly, Helsinki, 16–21 September 1972.

F. Prepared by the World Federation of Scientiﬁc Workers (WFSW) Charter for scientiﬁc workers, adopted by the WFSW General Assembly, February 1948; Declaration on the rights of scientiﬁc workers adopted by the WFSW General Assembly, April 1969. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its eighteenth session, which was held in Paris and declared closed on the twentythird day of November 1974. IN FAITH WHEREOF, we have appended our signatures this twenty-ﬁfth day of November 1974. The President of the General Conference The Director-General

454 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Recommendation on the Legal Protection of Translators and Translations and the Practical Means to Improve the Status of Translators adopted by the General Conference of UNESCO at its 19th session, Nairobi, 22 November 1976 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Nairobi from 26 October to 30 November 1976, at its nineteenth session, Considering that translation promotes understanding between peoples and cooperation among nations by facilitating the dissemination of literary and scientiﬁc works, including technical works, across linguistic frontiers, and the interchange of ideas, Noting the extremely important role played by translators and translations in international exchanges in culture, art and science, particularly in the case of works written or translated in less widely spoken languages, Recognizing that the protection of translators is indispensable in order to ensure translations of the quality needed from them to fulﬁl eﬀectively their role in the service of culture and development, Recalling that, if the principles of this protection are already contained in the Universal Copyright Convention, while the Berne Convention for the Protection of Literary and Artistic Works and a number of national laws of Member States also contain speciﬁc provisions concerning such protection, the practical application of these principles and provisions is not always adequate, Being of the opinion that if, in many countries with respect to copyright, translators and translations enjoy a protection which resembles the protection granted to authors and to literary and scientiﬁc works, including technical works, the adoption of measures of an essentially practical nature, assimilating translators to authors and speciﬁc to the translating profession, is nevertheless justiﬁed to ameliorate the eﬀective application of existing laws, Having decided, at its eighteenth session, that the protection of translators should be the subject of a recommendation to Member States within the meaning of Article IV, paragraph 4, of the Constitution, Adopts, this twenty-second day of November 1976, the present Recommendation. The General Conference recommends that Member States apply the following provisions concerning the protection of translators and translations by taking whatever legislative or other steps may be required, in conformity with the constitutional provisions and institutional practice of each State, to give eﬀect, within their respective territories, to the principles and standards set forth in this Recommendation.

Recommendations Adopted by the General Conference

455

The General Conference recommends that Member States bring this Recommendation to the attention of the authorities, departments or bodies responsible for matters relating to the moral and material interests of translators and to the protection of translations, of the various organizations or associations representing or promoting the interests of translators, and of publishers, managers of theatres, broadcasters and other users and interested parties. The General Conference recommends that Member States submit to the Organization, at such times and in such form as shall be determined by the General Conference, reports on the action taken by them to give eﬀect to this Recommendation.

I. Deﬁnitions and scope of application 1. For purposes of this Recommendation: (a) the term ‘translation’ denotes the transposition of a literary or scientiﬁc work, including technical work, from one language into another language, whether or not the initial work, or the translation, is intended for publication in book, magazine, periodical, or other form, or for performance in the theatre, in a ﬁlm, on radio or television, or in any other media; (b) the term ‘translators’ denotes translators of literary or scientiﬁc works, including technical works; (c) the term ‘users’ denotes the persons or legal entities for which a translation is made. 2. This Recommendation applies to all translators, regardless of: (a) the legal status applicable to them as: (i) independent translators, or (ii) salaried translators; (b) the discipline to which the work translated belongs; (c) the full-time or part-time nature of their position as translators.

II. General legal position of translators 3. Member States should accord to translators, in respect of their translations, the protection accorded to authors under the provisions of the international copyright conventions to which they are party and/or under their national laws, but without prejudice to the rights of the authors of the original works translated.

III. Measures to ensure the application in practice of protection aﬀorded translators under international conventions and in national laws relating to copyright 4. It is desirable that a written agreement be concluded between a translator and the user.

456

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

5. As a general rule, a contract governing relations between a translator and a user, as well as, where appropriate, any other legal instrument governing such relations, should: (a) accord an equitable remuneration to the translator whatever his or her legal status; (b) at least when the translator is not working as a salaried translator, remunerate him or her in proportion to the proceeds of the sale or use of the translation with payment of an advance, the said advance being retained by the translator whatever the proceeds may be; or by the payment of a sum calculated in conformity with another system of remuneration independent of sales, where it is provided for or permitted by national legislation; or by the payment of an equitable lump sum which could be made where payment on a proportional basis proves insuﬃcient or inapplicable; the appropriate method of payment should be chosen taking into account the legal system of the country concerned and, where applicable, the type of original work translated; (c) make provision, when appropriate, for a supplementary payment should the use made of the translation go beyond the limitations speciﬁed in the contract; (d) specify that the authorizations granted by the translator are limited to the rights expressly mentioned, this provision applying to possible new editions; (e) stipulate that in the event that the translator has not obtained any necessary authorization, it is the user who is responsible for obtaining such authorization; (f) stipulate that the translator guarantees the user uncontested enjoyment of all the rights granted and undertakes to refrain from any action likely to compromise the legitimate interests of the user and, when appropriate, to observe the rule of professional secrecy; (g) stipulate that, subject to the prerogatives of the author of the original work translated, no change shall be made in the text of a translation intended for publication without seeking the prior agreement of the translator; (h) assure the translator and his translation similar publicity, proportionately to that which authors are generally given; in particular, the name of the author of the translation should appear in a prominent place on all published copies of the translation, on theatre bills, in announcements made in connection with radio or television broadcasts, in the credit titles of ﬁlms and in any other promotional material; (i) provide that the user ensure that the translation bear such notices as are necessary to comply with copyright formalities in those countries where it might reasonably be expected to be used; (j) provide for the resolution of any conﬂicts which may arise, particularly with respect to the quality of the translation, so far as possible, by means of arbitration or in accordance with procedures laid down by national legislation or by any other appropriate means of dispute settlement which on the one hand is such as to guarantee impartiality and on the other hand is easily accessible and inexpensive; (k) mention the languages from and into which the translator will translate, and without prejudice to the provisions of paragraph 1(a), further specify expressly the translator’s possible use as an interpreter.

Recommendations Adopted by the General Conference

457

6. In order to facilitate the implementation of the measures recommended in paragraphs 4, 5 and 14, Member States should, without prejudice to the translator’s freedom to enter into an individual contract, encourage the parties concerned, in particular the professional organizations of translators and other organizations or associations representing them, on the one hand, and the representatives of users, on the other, to adopt model contracts or to conclude collective agreements based on the measures suggested in this Recommendation and making due allowance for all situations likely to arise by reason either of the translator or the nature of the translation. 7. Member States should also promote measures to ensure eﬀective representation of translators and to encourage the creation and development of professional organizations of translators and other organizations or associations representing them, to deﬁne the rules and duties which should govern the exercise of the profession, to defend the moral and material interests of translators, and to facilitate linguistic, cultural, scientiﬁc and technical exchanges among translators and between translators and the authors of works to be translated. To this end, such organizations or associations might undertake, where national law permits, in particular, the following speciﬁc activities: (a) promote the adoption of standards governing the translating profession; such standards should stipulate in particular that the translator has a duty to provide a translation of high quality from both the linguistic and stylistic points of view, and to guarantee that the translation will be a faithful rendering of the original; (b) study the bases for remuneration acceptable to translators and users; (c) set up procedures to assist in the settlement of disputes arising in connection with the quality of translations; (d) advise translators in their negotiations with users, and cooperate with other interested parties in establishing model contracts relating to translation; (e) endeavour to arrange for translators, individually or collectively, and in accordance with national laws or any collective agreements which may be applicable on this subject, to beneﬁt with authors from funds received from either private or public sources; (f) provide for exchanges of information on matters of interest to translators by the publication of information bulletins, the organization of meetings, or by other appropriate means; (g) promote the assimilation of translators, from the point of view of social beneﬁts and taxation, to authors of literary or scientiﬁc works, including technical works; (h) promote the establishment and development of specialized programmes for the training of translators; (i) cooperate with other national, regional or international bodies working to promote the interests of translators, and with any national or regional copyright information centres set up to assist in the clearance of rights in works protected by copyright, as well as with the UNESCO International Copyright Information Centre; (j) maintain close contacts with users, as well as with their representatives or professional organizations or associations, in order to defend the interests of

458

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(k)

translators; and negotiate collective agreements with such representatives or organizations or associations where deemed advantageous; contribute generally to the development of the translating profession.

8. Without prejudice to paragraph 7, membership of professional organizations or associations which represent translators should not, however, be a necessary condition for protection, since the provisions of this Recommendation should apply to all translators, whether or not they are members of such organizations or associations.

IV. Social and ﬁscal situation of translators 9. Translators working as independent writers, whether or not they are paid by royalties, should beneﬁt in practice from any social insurance schemes relating to retirement, illness, family allowances, etc., and from any taxation arrangements, generally applicable to the authors of literary or scientiﬁc works, including technical works. 10. Salaried translators should be treated on the same basis as other salaried professional staﬀ and beneﬁt accordingly from the social schemes provided for them. In this respect, professional statutes, collective agreements and contracts of employment based thereon should mention expressly the class of translators of scientiﬁc and technical texts, so that their status as translators may be recognized, particularly with respect to their professional classiﬁcation.

V. Training and working conditions of translators 11. Member States should recognize in principle that translation is an independent discipline requiring an education distinct from exclusively language teaching and that this discipline requires special training. Member States should encourage the establishment of writing programmes for translators, especially in connection with translators’ professional organizations or associations, universities or other educational institutions, and the organization of seminars or workshops. It should also be recognized that it is useful for translators to be able to beneﬁt from continuing education courses. 12. Member States should consider organizing terminology centres, which might be encouraged to undertake the following activities: (a) communicating to translators current information concerning terminology required by them in the general course of their work; (b) collaborating closely with terminology centres throughout the world with a view to standardizing and developing the internationalization of scientiﬁc and technical terminology so as to facilitate the task of translators. 13. In association with professional organizations or associations and other interested parties, Member States should facilitate exchanges of translators between diﬀerent countries, so as to allow them to improve their knowledge of the language from which they work and of the sociocultural context in which the works to be translated by them are written.

Recommendations Adopted by the General Conference

459

14. With a view to improving the quality of translations, the following principles and practical measures should be expressly recognized in professional statutes mentioned under sub-paragraph 7(a) and in any other written agreements between the translators and the users: (a) translators should be given a reasonable period of time to accomplish their work; (b) any documents and information necessary for the understanding of the text to be translated and the drafting of the translation should, so far as possible, be made available to translators; (c) as a general rule, a translation should be made from the original work, recourse being had to retranslation only where absolutely necessary; (d) a translator should, as far as possible, translate into his own mother tongue or into a language of which he or she has a mastery equal to that of his or her mother tongue.

VI. Developing countries 15. The principles and norms set forth in this Recommendation may be adapted by developing countries in any way deemed necessary to help them meet their requirements, and in the light of the special provisions for the beneﬁt of developing countries introduced in the Universal Copyright Convention as revised at Paris on 24 July 1971 and the Paris Act (1971) of the Berne Convention for the Protection of Literary and Artistic Works.

VII. Final provision 16. Where translators and translations enjoy a level of protection which is, in certain respects, more favourable than that provided for in this Recommendation, its provisions should not be invoked to diminish the protection already acquired. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its nineteenth session, which was held in Nairobi and declared closed the thirtieth day of November 1976. IN FAITH WHEREOF, we have appended our signatures. The President of the General Conference The Director-General

460 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Recommendation concerning the International Standardization of Statistics on Radio and Television adopted by the General Conference of UNESCO at its 19th session, Nairobi, 22 November 1976 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Nairobi from 26 October to 30 November 1976, at its nineteenth session, Considering that, by virtue of Article IV, paragraph 4, of the Constitution, it is for the Organization to draw up and adopt instruments for the international regulation of questions falling within its competence, Considering that Article VIII of the Constitution provides, inter alia, that ‘each Member State shall submit to the Organization, at such times and in such manners as shall be determined by the General Conference, reports on . . . statistics relating to its educational, scientiﬁc and cultural institutions and activities’, Convinced that it is highly desirable for the national authorities responsible for collecting and communicating radio and television statistics to be guided by certain standards in the matter of deﬁnitions, classiﬁcations and presentation, in order to improve the international comparability of such statistics, Having before it, as item 30 of the agenda of the session, proposals concerning the international standardization of statistics on radio and television, Having decided at its eighteenth session that this question should be made the subject of an international regulation, to take the form of a recommendation to Member States within the meaning of Article IV, paragraph 4, of the Constitution, Adopts, this twenty-second day of November 1976, the present Recommendation. The General Conference recommends that Member States should apply the following provisions concerning international standardization of statistics on radio and television by taking whatever legislation measures or other steps may be required, in conformity with the constitutional practice of each State, to give eﬀect, within their respective territories, to the standards and principles formulated in this Recommendation. The General Conference recommends that Member States bring this Recommendation to the attention of authorities and services responsible for collecting and communicating radio and television statistics. The General Conference recommends that Member States forward to it, by the dates and in the form which it shall prescribe, reports concerning action taken by them upon this Recommendation.

Recommendations Adopted by the General Conference

461

I. Scope and deﬁnitions Scope 1. The statistics referred to in this Recommendation are intended to provide, in respect of each Member State, information on a standardized basis about: (a) domestic broadcasting, (b) external broadcasting.

Definitions 2. In compiling the statistics covered by this Recommendation, the following deﬁnitions should be used: (a) Broadcasting institution: an organization legally authorized to provide a broadcasting service. (b) Broadcasting service: a radiocommunication service in which the transmissions are intended for direct reception by the general public. This service may include sound transmissions, television transmissions, or other types of transmissions. (c) Radiocommunication: telecommunication by means of electromagnetic waves of frequencies lower than 3,000 GHz propagated in space without artiﬁcial guide. (d) Telecommunication: any transmission, emission or reception of signs, signals, writing, images and sounds, or intelligence of any nature by wire, radio, visual or other electromagnetic systems. (e) Domestic broadcasting: a broadcasting service primarily intended for general reception within the country in which the broadcasting institution is authorized to operate. (f) External broadcasting: a broadcasting service primarily intended for reception outside the boundaries of the country in which the broadcasting institution is authorized to operate. (g) Sound broadcasting (radio): broadcasting of sound-only signals. (h) Television: broadcasting of transient images of ﬁxed or moving objects, with or without sound. (i) Transmitter: an apparatus producing radio frequency energy for the purpose of broadcasting radio or television programmes. (j) Power of a broadcast transmitter: the radio frequency power that the transmitter normally supplies to the aerial system, being the unmodulated carrier power for a sound transmitter, and the power generated during the peaks of the modulation envelope for a television transmitter. (k) Maximum eﬀective radiated power (maximum ERP): the product of the power supplied to the aerial and the gain of the aerial relative to a half-wave dipole in the direction of maximum radiation. (l) Broadcast frequency band: a continuous group of frequencies allocated to broadcasting by international regulations. (m) Programme: a self-contained item, either with a title or otherwise indicated, broadcast during a pre-announced period.

462 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(n) (o)

(p)

(q)

(r)

Broadcasting time: time during which programmes are broadcast by one or more transmitters. Programme service: a sequence of radio or television programmes broadcast regularly by one or more transmitters and forming a distinct named entity within the broadcasting service of a broadcasting institution. Sound broadcasting (radio) receiver: a receiver connected to an aerial or other source of radio signals in order to reconstitute in an audible form the elements of a particular sound programme service conveyed by such signals. Television receiver: a receiver connected to an aerial or other source of radio signals in order to reconstitute in an audible and visual form the elements of a particular television broadcast available to the viewer. Receiving licence: an authorization or a contract needed, usually in return for payment, to use sound broadcasting (radio) and/or television receivers.

II. Classiﬁcation of data 3. For the diﬀerent aspects of domestic broadcasting covered by this Recommendation, the following classiﬁcations should be used.

Broadcasting institutions 4. Broadcasting institutions should be classiﬁed: (a) by their constitutional status: (i) Government broadcasting institution: a broadcasting institution operated in all respects by a government (central or federal, state, provincial, local, etc.), either directly or through a separate institution created by it; (ii) Public service broadcasting institution: a broadcasting institution created or licensed by a legislative act or regulation (central or federal, state, provincial, local, etc.), and which constitutes an autonomous body; (iii) Commercial broadcasting institution: a broadcasting institution corporately or privately owned and which is primarily proﬁt-oriented; (b) by their geographical coverage: (i) National broadcasting institution: a broadcasting institution which provides a broadcasting service intended to cover the country as a whole; (ii) Regional broadcasting institution: a broadcasting institution which within a country provides a regional broadcasting service; (iii) Local broadcasting institution: a broadcasting institution which provides a local broadcasting service. 5. Sources of revenue of broadcasting institutions should be classiﬁed according to their origin in the following categories: (a) Government funds: revenue received directly, or indirectly, from normal government funds (central or federal, state, provincial, local, etc.); (b) Licence fees: revenue from the proceeds of a broadcast receiving licence payable by users;

Recommendations Adopted by the General Conference

(c) (d) (e)

463

Private endowments: private funds made available for a broadcasting institution’s use; Advertising: revenue received in return for the advertiser’s right to draw the audience’s attention to his goods or services; Other income: revenue from sources other than those deﬁned in (a) to (d) above.

6. Current expenditure of broadcasting institutions should be classiﬁed into the following categories: (a) Programme costs: all real costs directly attributable to planning, production and acquisition of programmes, including personnel costs, but excluding the ﬁxed costs of keeping installations running: (i) costs of a broadcasting institution’s own productions; (ii) costs incurred in the purchasing of programmes, in co-productions, and in the exchange of programmes between broadcasting institutions. (b) Costs of production, transmission and other facilities: all real costs not directly attributable to programmes: (i) costs incurred in the upkeep of production facilities; (ii) operating costs of transmission; (iii) personnel, management and administration costs. 7. Personnel permanently employed in broadcasting institutions should be classiﬁed as follows: (a) Programme and journalistic staﬀ: (i) programme staﬀ: planning, creative-writing and programme-producing personnel, excluding journalists; (ii) journalistic staﬀ: personnel engaged in the preparation of news bulletins, etc. (b) Technical staﬀ: (i) technical production staff: personnel employed on the operation and maintenance of the technical equipment necessary for programme production; (ii) technical transmission staff: personnel employed on the operation and maintenance of transmitters and links between production centres and transmitters; (iii) other technical staﬀ: personnel employed on the design and installation of technical equipment or of buildings; study and research personnel, etc. (c) Administrative staﬀ: personnel employed on the management or organization of a broadcasting institution and providing central services. (d) Other staﬀ: personnel other than those deﬁned in (a) to (c) above.

Transmitting facilities 8. Statistics on transmitters should distinguish between sound broadcasting transmitters and television transmitters. (a) Sound broadcasting transmitters should be classiﬁed by frequency band: • LF (low frequency), also known as the long-wave band;

464 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b)

• MF (medium frequency), also known as the medium-wave band; • HF (high frequency), also known as the short-wave band; • VHF (very high frequency); • SHF (super high frequency). Transmitter power should be speciﬁed in terms of carrier power in LF, MF and HF, and Maximum ERP in VHF and SHF. Television transmitters should be classiﬁed by frequency band: • VHF (very high frequency): bands 1, 2 and 3; • UHF (ultra high frequency): bands 4 and 5; • SHF (super high frequency). Maximum ERP should be speciﬁed and a distinction made between black and white transmitters and colour transmitters.

Programmes 9. Statistics relating to programme services of domestic broadcasting should be classiﬁed as follows: (a) National programme service: a programme service broadcast nationwide; (b) Regional programme service: a programme service broadcast to regional audiences normally diﬀerentiated by language, ethnic or other cultural diﬀerences; (c) Local programme service: a programme service broadcast to audiences which, geographically, are conveniently grouped, e.g. cities and towns. 10. Statistics relating to programmes should be classiﬁed as follows: (a) By function: a programme characterized by its intended purpose: (i) Informative programmes: programmes intended primarily to inform about facts, events, theories or forecasts, or to provide explanatory background information: • news bulletins and news commentaries (including sports news); • other informative programmes, e.g. programmes dealing with political, economic, scientiﬁc, cultural and social matters, special events, etc. (ii) Educational, cultural and religious programmes: Educational programmes: programmes intended primarily to educate and in which the pedagogical element is fundamental: • educational programmes related to a speciﬁc curriculum (e.g. schools, university, etc.), excluding programmes for rural development purposes; • educational programmes for rural development purposes; • other educational programmes. Cultural programmes: programmes intended primarily to stimulate artistic and/or intellectual curiosity: • programmes which can be regarded as cultural performances or activities in themselves;

Recommendations Adopted by the General Conference

465

• programmes which are intended primarily to enrich the audience’s knowledge in a non-didactic way regarding various spheres and phenomena of culture. Religious programmes: programmes based on diﬀerent forms of religious service or similarly inspirational programmes intended to edify the audience. (iii) Advertisements: commercial or other advertisements in respect of which payment is made. (iv) Entertainment programmes and unclassiﬁed programmes: • entertainment programmes: programmes intended primarily to entertain: • cinema ﬁlms; • programmes produced as plays, whether as single complete programmes or as serials; • programmes of which the predominant content is music, whether ‘live’ or recorded; • sports programmes (but excluding sports news); • other entertainment programmes. Unclassiﬁed programmes: programmes not otherwise classiﬁed. (b) By language of programme: (i) programmes broadcast in the oﬃcial language(s); (ii) programmes in dialects of the oﬃcial language(s); (iii) programmes in the languages of ethnic minorities; (iv) programmes broadcast in languages other than in (i), (ii) and (iii) above. (c) By origin of programme: (i) national production: programmes produced in the country, whether by the broadcasting institutions or otherwise; (ii) imported programmes: programmes produced by organizations outside the reporting country; (iii) international co-production: programmes produced jointly by broadcasting institutions in the country and organizations outside the reporting country.

Listeners and viewers 11. (a)

(b)

Potential audience: number of people as a percentage of the total population having access to a radio or television receiver, either in their own homes or in a listening group. Statistics on the estimated number of receivers should be classiﬁed as follows: (i) sound broadcasting receivers, distinguishing, if possible, between: • VHF receivers with frequency modulation; • LF, MF, HF, VHF and SHF receivers with amplitude modulation; • receivers equipped with both frequency and amplitude modulation. (ii) television receivers, distinguishing, if possible, between: • black and white receivers, • colour receivers.

466

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(c)

Statistics on receiving licences should be classiﬁed as follows: (i) licences for sound-only (radio), (ii) licences for television, (iii) combined sound-only (radio) and television licences.

External broadcasting 12. For the diﬀerent aspects of external broadcasting covered by this Recommendation, the following items should be included: (a) number of transmitters and their transmitting power; (b) total annual broadcasting time (in hours) of all languages, and by individual languages as a percentage of the total.

III. Reporting of statistical data 13. The statistics covered by this Recommendation should be drawn up desirably every year, but if this is not possible, every two years, and refer to the latter year of the biennial period. The requested information should be presented in conformity with the deﬁnitions and classiﬁcations set out in paragraphs 2 to 12 above. Attention should be drawn to any diﬀerences between these deﬁnitions and classiﬁcations and those customarily used at the national level. These statistics should be presented separately for radio and television and should, as far as possible cover, all the following types of data:

Domestic broadcasting Broadcasting institutions 14. Number of institutions legally authorized: (a) By constitutional status: (i) government broadcasting institution, (ii) public service broadcasting institution, (iii) commercial broadcasting institution. (b) By geographical coverage: (i) national broadcasting institution, (ii) regional broadcasting institution, (iii) local broadcasting institution. 15. Sources of revenue of broadcasting institutions referred to in paragraph 14(a): total annual revenue, and as a percentage of that total: (a) government funds, (b) licence fees, (c) private endowments, (d) advertising, (e) other income.

Recommendations Adopted by the General Conference

467

16. Current expenditure of broadcasting institutions referred to in paragraph 14(a): total annual current expenditure and as a percentage of that total: (a) Programme costs: (i) programme production costs, (ii) programme purchase costs; (b) Costs of production, transmission and other facilities: (i) production facilities costs, (ii) transmission facilities costs, (iii) personnel, management and administrative costs. 17. Personnel employed in broadcasting institutions referred to in paragraph 14(a): total number of staﬀ: (a) Programme staﬀ: (i) programme staﬀ excluding journalists, (ii) journalists; (b) Technical staﬀ: (i) production staﬀ, (ii) transmission staﬀ, (iii) other technical staﬀ; (c) Administrative staﬀ; (d) Other staﬀ.

Transmitting facilities 18. Total number of radio transmitters and their transmitting power expressed in carrier power or in maximum ERP for each of the under-mentioned categories: (a) Low frequency (LF), (b) Medium frequency (MF), (c) High frequency (HF), (d) Very high frequency (VHF), (e) Super high frequency (SHF). 19. Total number of television transmitters and their transmitting power expressed in maximum ERP for each of the under-mentioned categories: (a) Very high frequency (VHF), (b) Ultra high frequency (UHF), (c) Super high frequency (SHF).

Programmes 20. Number of programme services of broadcasting institutions referred to in paragraph 14(a): (a) National programme services, (b) Regional programme services, (c) Local programme services. 21. Total annual broadcasting time (in hours) of broadcasting institutions referred to in paragraph 14(a):

468 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(a)

(c)

By function, as percentage of total broadcasting time: (i) informative programmes: • news bulletins and news commentaries (including sports news), • other informative programmes; (ii) educational, cultural and religious programmes: educational programmes: • educational programmes related to a speciﬁc curriculum (excluding those for rural development purposes), • educational programmes for rural development purposes, • other educational programmes, cultural programmes: • cultural programmes or activities, • programmes about culture, religious programmes; (iii) advertisements; (iv) entertainment programmes and unclassiﬁed programmes: entertainment programmes: • cinema ﬁlms, • plays, • music, • sport programmes (but excluding sports news), • other entertainment programmes, unclassiﬁed programmes; (b) By language of programme, as percentage of total broadcasting time: (i) oﬃcial language(s): (ii) dialects of the oﬃcial language(s), (iii) languages of ethnic minorities, (iv) other languages; By origin of programme, as percentage of total broadcasting time: (i) national production, (ii) imported programmes, (iii) international co-productions.

Listeners and viewers 22. (a) Potential audience: (b) Estimated number of receivers in use: (i) radio receivers: • receivers with amplitude modulation only, • receivers also equipped for frequency modulation. (ii) television receivers: • black and white receivers, • colour receivers. (c) Number of receiving licences in force: • sound only (radio),

Recommendations Adopted by the General Conference

469

• television, • combined.

External broadcasting 23. Statistics on external radio broadcasting should include: (a) Number of transmitters and their transmitting power, (b) Total annual broadcasting time (in hours) of all languages and by individual languages as a percentage of the total. The foregoing is the authentic text of the recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its nineteenth session, which was held in Nairobi and declared closed the thirtieth day of November 1976. IN FAITH WHEREOF, we have appended our signatures. The President of the General Conference The Director-General

470 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Recommendation on the Development of Adult Education adopted by the General Conference of UNESCO at its 19th session, Nairobi, 26 November 1976 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Nairobi from 26 October to 30 November 1976, at its nineteenth session, Recalling the principles set forth in Articles 26 and 27 of the Universal Declaration of Human Rights, guaranteeing and specifying the right of everyone to education and to participate freely in cultural, artistic and scientiﬁc life, and the principles set forth in Articles 13 and 15 of the International Covenant on Economic, Social and Cultural Rights, Considering that education is inseparable from democracy, the abolition of privilege, and the promotion within society as a whole of the ideas of autonomy, responsibility and dialogue, Considering that the access of adults to education, in the context of lifelong education, is a fundamental aspect of the right to education and facilitates the exercise of the right to participate in political, cultural, artistic and scientiﬁc life, Considering that for the full development of the human personality, particularly in view of the rapid pace of scientiﬁc, technical, economic and social change, education must be considered on a global basis and as a lifelong process, Considering that the development of adult education, in the context of lifelong education, is necessary as a means of achieving a more rational and more equitable distribution of educational resources between young people and adults, and between diﬀerent social groups, and of ensuring better understanding and more eﬀective collaboration between the generations and greater political, social and economic equality between social groups and between the sexes, Convinced that adult education, as an integral part of lifelong education, can contribute decisively to economic and cultural development, social progress and world peace, as well as to the development of educational systems, Considering that the experience acquired in adult education must constantly contribute to the renewal of educational methods, as well as to the reform of educational systems as a whole, Considering the universal concern for literacy as being a crucial factor in political and economic development, in technological progress and in social and cultural change, so that its promotion should therefore form an integral part of any plan for adult education, Reaﬃrming that the attainment of this objective entails creating situations in which the adults are able to choose, from among a variety of forms of educational activity, the

Recommendations Adopted by the General Conference

471

objectives and content of which have been deﬁned with their collaboration, those forms which meet their needs most closely and are most directly related to their interests, Bearing in mind the diversity of modes of training and education throughout the world and the special problems peculiar to the countries whose education systems are as yet underdeveloped or insuﬃciently adapted to national needs, In order to give eﬀect to the conclusions, declarations and recommendations formulated by the second and third international conferences on adult education (Montreal, 1960; Tokyo, 1972) and, as far as the relevant paragraphs are concerned, by the World Conference of the International Women’s Year (Mexico, 1975), Desirous of making a further contribution to putting into eﬀect the principles set forth in the recommendations addressed by the International Conference on Public Education to the Ministries of Education concerning the access of women to education (Recommendation No. 34, 1952), facilities for education in rural areas (Recommendation No. 47, 1958), and literacy and adult education (Recommendation No. 58, 1965), in the Declaration adopted at the International Symposium for Literacy in Persepolis (1975) and in the Recommendation concerning Education for International Understanding, Cooperation and Peace and Education relating to Human Rights and Fundamental Freedoms, adopted by the General Conference at its eighteenth session (1974); Taking note of the provisions of the Revised Recommendation concerning Technical and Vocational Education adopted by the General Conference at its eighteenth session (1974), and of Resolution 3.426 adopted at the same session, with a view to the adoption of an international instrument concerning action designed to ensure that the people at large have free democratic access to culture and an opportunity to take an active part in the cultural life of society, Noting further that the International Labour Conference has adopted a number of instruments concerned with various aspects of adult education, and in particular the recommendation on vocational guidance (1949), the recommendation on vocational training in agriculture (1956), as well as the convention and recommendation concerning paid educational leave (1974), and of human resources development (1975), Having decided, at its eighteenth session, that adult education would be the subject of a recommendation to Member States, Adopts, this twenty-sixth day of November 1976, the present Recommendation. The General Conference recommends that Member States apply the following provisions by taking whatever legislative or other steps may be required, and in conformity with the constitutional practice of each State, to give eﬀect to the principles set forth in this Recommendation. The General Conference recommends that Member States bring this Recommendation to the attention of the authorities, departments or bodies responsible for adult education and also of the various organizations carrying out educational work for the beneﬁt of adults, and of trade union organizations, associations, enterprises, and other interested parties.

472

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

The General Conference recommends that Member States report to it, at such dates and in such form as shall be determined by it, on the action taken by them in pursuance of this Recommendation.

I. Deﬁnition 1. In this Recommendation: • the term ‘adult education’ denotes the entire body of organized educational processes, whatever the content, level and method, whether formal or otherwise, whether they prolong or replace initial education in schools, colleges and universities, as well as in apprenticeship, whereby persons regarded as adult by the society to which they belong develop their abilities, enrich their knowledge, improve their technical or professional qualiﬁcations or turn them in a new direction, and bring about changes in their attitudes or behaviour in the twofold perspective of full personal development and participation in balanced and independent social, economic and cultural development; • adult education, however, must not be considered as an entity in itself; it is a subdivision, and an integral part of, a global scheme for lifelong education and learning; • the term ‘lifelong education and learning’, for its part, denotes an overall scheme aimed both at restructuring the existing education system and at developing the entire educational potential outside the education system, creating an understanding of and respect for the diversity of customs and cultures, on both the national and the international planes; • in such a scheme, men and women are the agents of their own education, through continual interaction between their thoughts and actions; • education and learning, far from being limited to the period of attendance at school, should extend throughout life, include all skills and branches of knowledge, use all possible means, and give the opportunity to all people for full development of the personality; • the educational and learning processes in which children, young people and adults of all ages are involved in the course of their lives, in whatever form, should be considered as a whole.

II. Objectives and strategy 2. Generally speaking, the aims of adult education should be to contribute to: (a) promoting work for peace, international understanding and cooperation; (b) developing a critical understanding of major contemporary problems and social changes and the ability to play an active part in the progress of society with a view to achieving social justice; (c) promoting increased awareness of the relationship between people and their physical and cultural environment, and fostering the desire to improve the

Recommendations Adopted by the General Conference

(d) (e)

(f)

(g)

(h) (i) (j)

(k)

473

environment and to respect and protect nature, the common heritage and public property; creating an understanding of and respect for the diversity of customs and cultures, on both the national and the international planes; promoting increased awareness of, and giving effect to, various forms of communication and solidarity at the family, local, national, regional and international levels; developing the aptitude for acquiring, either individually, in groups, or in the context of organized study in educational establishments specially set up for this purpose, new knowledge, qualiﬁcations, attitudes or forms of behaviour conducive to the full maturity of the personality; ensuring the individuals’ conscious and eﬀective incorporation into working life by providing men and women with an advanced technical and vocational education, and developing the ability to create, either individually or in groups, new material goods and new spiritual or aesthetic values; developing the ability to grasp adequately the problems involved in the upbringing of children; developing the aptitude for making creative use of leisure and for acquiring any necessary or desired knowledge; developing the necessary discernment in using mass communication media, in particular radio, television, cinema and the press, and interpreting the various messages addressed to modern men and women by society; developing the aptitude for learning to learn.

3. Adult education should be based on the following principles: (a) it should be based on the needs of the participants and make use of their diﬀerent experiences in the development of adult education; the most educationally underprivileged groups should be given the highest priority within a perspective of collective advancement; (b) it should rely on the ability and determination of all human beings to make progress throughout their lives both at the level of their personal development and in relation to their social activity; (c) it should awaken an interest in reading and develop cultural aspirations; (d) it should stimulate and sustain the interest of adult learners, appeal to their experience, strengthen their self-reliance, and enlist their active participation at all stages of the educational process in which they are involved; (e) it should be adapted to the actual conditions of everyday life and work and take into account the personal characteristics of adult learners, their age, family, social, occupational or residential background and the way in which these interrelate; (f) it should seek the participation of individual adults, groups and communities in decision-making at all levels of the learning process, including determination of needs, curriculum development, programme implementation and evaluation, and should plan educational activities with a view to the transformation of the working environment and of the life of adults;

474 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(g)

(h) (i)

(j)

it should be organized and operated ﬂexibly by taking into account social, cultural, economic and institutional factors of each country and society to which adult learners belong; it should contribute to the economic and social development of the entire community; it should recognize as an integral part of the educational process the forms of collective organization established by adults with a view to solving their day-today problems; it should recognize that every adult, by virtue of his or her experience of life, is the vehicle of a culture which enables him or her to play the role of both learner and teacher in the educational process in which he or she participates.

4. Each Member State should: (a) recognize adult education as a necessary and speciﬁc component of its education system and as a permanent element in its social, cultural and economic development policy; it should, consequently, promote the creation of structures, the preparation and implementation of programmes, and the application of educational methods which meet the needs and aspirations of all categories of adults, without restriction on grounds of sex, race, geographical origin, age, social status, opinion, belief or prior educational standard; (b) recognize that although, in a given situation or for a speciﬁc period, adult education may play a compensatory role, it is not intended as a substitute for adequate youth education which is a prerequisite for the full success of adult education; (c) in eliminating the isolation of women from adult education, work towards ensuring equality of access and full participation in the entire range of adult education activities, including those which provide training for qualiﬁcations leading to activities or responsibilities which have hitherto been reserved for men; (d) take measures with a view to promoting participation in adult education and community development programmes by members of the most underprivileged groups, whether rural or urban, settled or nomadic, and in particular illiterates, young people who have been unable to acquire an adequate standard of general education or a qualiﬁcation, migrant workers and refugees, unemployed workers, members of ethnic minorities, persons suﬀering from a physical or mental handicap, persons experiencing diﬃculties of social adjustment and those serving prison sentences; in this context, Member States should associate themselves in the search for educational strategies designed to foster more equitable relations among social groups. 5. The place of adult education in each education system should be deﬁned with a view to achieving: (a) a rectiﬁcation of the main inequalities in access to initial education and training, in particular inequalities based on age, sex, social position or social or geographical origin;

Recommendations Adopted by the General Conference

(b)

(c) (d) (e) (f)

475

the assurance of a scientiﬁc basis for lifelong education and learning as well as greater ﬂexibility in the way in which people divide their lives between education and work, and, in particular, providing for the alternation of periods of education and work throughout the life span, and facilitating the integration of continuing education into the activity of work itself; recognition, and increased exploitation, of the actual or potential educational value of the adult’s various experiences; easy transfer from one type or level of education to another; greater interaction between the education action system and its social, cultural and economic setting; greater eﬃciency from the point of view of the contribution of educational expenditure to social, cultural and economic development.

6. Consideration should be given to the need for an adult education component, including literacy, in the framing and execution of any development programme. 7. The objectives and goals of adult education policy should be incorporated in national development plans; they should be deﬁned in relation to the overall objectives of education policy and of social, cultural and economic development policies. Adult education and other forms of education, particularly school and higher education and initial vocational training, should be conceived and organized as equally essential components in a coordinated but diﬀerentiated education system according to the tenets of lifelong education and learning. 8. Measures should be taken to encourage the public authorities, institutions or bodies engaged in education, voluntary associations, workers’ and employers’ organizations, and those directly participating in adult education, to collaborate in the task of deﬁning further and giving eﬀect to these objectives.

III. Content of adult education 9. Adult education activities, viewed as forming part of lifelong education and learning, have no theoretical boundaries and should meet the particular situations created by the speciﬁc needs of development, of participation in community life and of individual selffulﬁlment; they cover all aspects of life and all ﬁelds of knowledge and are addressed to all people whatever their level of achievement. In deﬁning the content of adult education activities priority should be given to the specific needs of the educationally most underprivileged groups. 10. Civic, political, trade union and cooperative education activities should be aimed particularly towards developing independent and critical judgement and implanting or enhancing the abilities required by each individual in order to cope with changes aﬀecting living and working conditions, by eﬀective participation in the management of social aﬀairs at every level of the decision-making process.

476

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

11. While not excluding approaches intended to achieve a short-term solution in a particular situation, technical and vocational education activities should as a general rule emphasize the acquisition of qualiﬁcations which are suﬃciently broad to allow of subsequent changes of occupation and a critical understanding of the problems of working life. It is necessary to integrate general and civic education with technical and vocational education. 12. Activities designed to promote cultural development and artistic creation should encourage appreciation of existing cultural and artistic values and works and, at the same time, should aim to promote the creation of new values and new works, by releasing the expressive capabilities inherent in each individual or group. 13. Participation in adult education should not be restricted on grounds of sex, race, geographical origin, culture, age, social status, experience, belief and prior educational standard. 14. With regard to women, adult education activities should be integrated as far as possible with the whole contemporary social movement directed towards achieving selfdetermination for women and enabling them to contribute to the life of society as a collective force, and should thus focus speciﬁcally on certain aspects, in particular: (a) the establishment in each society of conditions of equality between men and women; (b) the emancipation of men and women from the preconceived models imposed on them by society in every ﬁeld in which they carry responsibility; (c) civic, occupational, psychological, cultural and economic autonomy for women as a necessary condition for their existence as complete individuals; (d) knowledge about the status of women, and about women’s movements, in various societies, with a view to increased solidarity across frontiers. 15. With regard to settled or nomadic rural populations, adult education activities should be designed in particular to: (a) enable them to use technical procedures and methods of individual or joint organization likely to improve their standard of living without obliging them to forgo their own values; (b) put an end to the isolation of individuals or groups; (c) prepare individuals or groups of individuals who are obliged, despite the eﬀorts made to prevent excessive depopulation of rural areas, to leave agriculture, either to engage in a new occupational activity while remaining in a rural environment, or to leave this environment for a new way of life. 16. With regard to such persons or groups as have remained illiterate or are experiencing diﬃculty in adjusting to society because of the slenderness of their resources, their limited education or their restricted participation in community life, adult education activities should be designed not only to enable them to acquire basic knowledge (reading, writing, arithmetic, basic understanding of natural and social phenomena) but also to make it easier for them to engage in productive work, to promote their self-awareness and their grasp of the problems of hygiene, health, household management and the upbringing of children, and to enhance their autonomy and increase their participation in community life.

Recommendations Adopted by the General Conference

477

17. With regard to young people who have been unable to acquire an adequate standard of general education or a qualiﬁcation, adult education activities should, in particular, enable them to acquire additional general education with a view to developing their ability to understand the problems of society and shoulder social responsibilities, and to gaining access to the vocational training and general education which are necessary for the exercise of an occupational activity. 18. If people wish to acquire educational or vocational qualiﬁcations which are formally attested by certiﬁcates of education or of vocational aptitude and which, for social or economic reasons, they have not been able to obtain earlier, adult education should enable them to obtain the training required for the award of such certiﬁcates. 19. With regard to the physically or mentally handicapped, adult education activities should be designed, in particular, to restore or oﬀset the physical or mental capacities which have been impaired or lost as a result of their handicap, and to enable them to acquire the knowledge and skills and, where necessary, the professional qualiﬁcations required for their social life and for the exercise of an occupational activity compatible with their handicap. 20. With regard to migrant workers, refugees, and ethnic minorities, adult education activities should in particular: (a) enable them to acquire the linguistic and general knowledge as well as the technical or professional qualiﬁcations necessary for their temporary or permanent assimilation in the society of the host country and, where appropriate, their reassimilation in the society of their country of origin; (b) keep them in touch with culture, current developments and social changes in their country of origin. 21. With regard to unemployed persons, including the educated unemployed, adult education activities should be designed, in particular, to adapt or modify their technical or professional qualiﬁcation with a view to enabling them to ﬁnd or return to employment, and to promote a critical understanding of their socio-economic situation. 22. With regard to ethnic minorities, adult education activities should enable them to express themselves freely, educate themselves and their children in their mother tongues, develop their own cultures and learn languages other than their mother tongues. 23. With regard to the aged, adult education activities should be designed, in particular: (a) to give all a better understanding of contemporary problems and of the younger generation; (b) to help acquire leisure skills, promote health and ﬁnd increased meaning in life; (c) to provide a grounding in the problems facing retired people and in ways of dealing with such problems, for the beneﬁt of those who are on the point of leaving working life; (d) to enable those who have left working life to retain their physical and intellectual faculties and to continue to participate in community life, and also to give them access to ﬁelds of knowledge or types of activity which have not been open to them during their working life.

478

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

IV. Methods, means, research and evaluation 24. Adult education methods should take account of: (a) incentives and obstacles to participation and learning specially aﬀecting adults; (b) the experience gained by adults in the exercise of their family, social and, occupational responsibilities; (c) the family, social or occupational obligations borne by adults, and the fatigue and impaired alertness which may result from them; (d) the ability of adults to assume responsibility for their own learning; (e) the cultural and pedagogical level of the teaching personnel available; (f) the psychological characteristics of the learning process; (g) the existence and characteristics of cognitive interests; (h) use of leisure time. 25. Adult education activities should normally be planned and executed on the basis of identiﬁed needs, problems, wants and resources, as well as deﬁned objectives. Their impact should be evaluated, and reinforced by whatever follow-up activities may be most appropriate to given conditions. 26. Particular emphasis should be placed on adult education activities intended for an entire social or geographical entity, mobilizing all its inherent energies with a view to the advancement of the group and social progress in a community setting. 27. In order to encourage the broadest possible participation, it may be appropriate in some situations to add, to locally based adult education, methods such as: (a) remote teaching programmes such as correspondence courses and radio or television broadcasts, the intended recipients of such programmes being invited to form groups with a view to listening or working together (such groups should receive appropriate pedagogical support); (b) programmes launched by mobile units; (c) self-teaching programmes; (d) study circles; (e) use of voluntary work by teachers, students and other community members. The various services which public cultural institutions (libraries, museums, record libraries, video-cassette libraries) are able to put at the disposal of adult learners should be developed on a systematic basis, together with new types of institutions specializing in adult education. 28. Participation in an adult education programme should be a voluntary matter. The State and other bodies should strive to promote the desire of individuals and groups for education in the spirit of lifelong education and learning. 29. Relations between the adult learner and the adult educator should be established on a basis of mutual respect and cooperation. 30. Participation in an adult education programme should be subject only to the ability to follow the course of training provided and not to any (upper) age limit or any condition concerning the possession of a diploma or qualiﬁcation; any aptitude tests on the basis of

Recommendations Adopted by the General Conference

479

which a selection might be made, if necessary, should be adapted to the various categories of candidates taking such tests. 31. It should be possible to acquire and accumulate learning, experiences and qualiﬁcations through intermittent participation. Rights and qualiﬁcations obtained in this way should be equivalent to those granted by the systems of formalized education or of such character as to allow for continued education within this. 32. The methods used in adult education should not appeal to a competitive spirit but should develop in the adult learners a shared sense of purpose and habits of participation, mutual help, collaboration and team work. 33. Adult education programmes for the improvement of technical or professional qualiﬁcations should, as far as possible, be organized during working time and, in the case of seasonal work, during the slack season. This should, as a general rule, be applied also to other forms of education, in particular literacy programmes and trade union education. 34. The premises necessary for the development of adult education activities should be provided; depending on the case, these may be premises used exclusively for adult education, with or without residential accommodation, or multi-purpose or integrated facilities or premises generally used, or capable of being used, for other purposes – in particular, clubs, workshops, school, university and scientiﬁc establishments, social, cultural or sociocultural centres or open air sites. 35. Member States should actively encourage cooperative research in all aspects of adult education and its objectives. Research programmes should have a practical basis. They should be carried out by universities, adult education bodies and research bodies, adopting an interdisciplinary approach. Measures should be taken with a view to disseminating the experience and the results of the research programmes to those concerned at the national and international levels. 36. Systematic evaluation of adult education activities is necessary to secure optimum results from the resources put into them. For evaluation to be eﬀective it should be built into the programmes of adult education at all levels and stages.

V. The structures of adult education 37. Member States should endeavour to ensure the establishment and development of a network of bodies meeting the needs of adult education; this network should be suﬃciently ﬂexible to meet the various personal and social situations and their evolution. 38. Measures should be taken in order to: (a) identify and anticipate educational needs capable of being satisﬁed through adult education programmes; (b) make full use of existing educational facilities and create such facilities as may be lacking to meet all deﬁned objectives;

480 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(c)

(d)

(e)

make the necessary long-term investments for the development of adult education: in particular for the professional education of planners, administrators, those who train educators, organizational and training personnel, the preparation of educational strategies and methods suitable for adults, the provision of capital facilities, the production and provision of the necessary basic equipment such as visual aids, apparatus and technical media; encourage exchanges of experience, and compile and disseminate statistical and other information on the strategies, structures, content, methods and results, both quantitative and qualitative, of adult education; abolish economic and social obstacles to participation in education, and to systematically bring the nature and form of adult education programmes to the attention of all potential beneﬁciaries, but especially to the most disadvantaged, by using such means as active canvassing by adult education institutions and voluntary organizations, to inform, counsel and encourage possible and often hesitant participants in adult education.

39. In order to achieve these objectives it will be necessary to mobilize organizations and institutions speciﬁcally concerned with adult education, and the full range, both public and private, of schools, universities, cultural and scientiﬁc establishments, libraries and museums, and, in addition, other institutions not primarily concerned with adult education, such as: (a) mass information bodies: the press, radio and television; (b) voluntary associations and consortia; (c) professional, trade union, family and cooperative organizations; (d) families; (e) industrial and commercial ﬁrms, which may contribute to the training of their employees; (f) educators, technicians or qualiﬁed experts working on an individual basis; (g) any persons or groups who are in a position to make a contribution by virtue of their education, training, experience or professional or social activities and are both willing and able to apply the principles set forth in the Preamble, and the objectives and strategy outlined in the Recommendation; (h) the adult learners themselves. 40. Member States should encourage schools, vocational education establishments, colleges and institutions of higher education to regard adult education programmes as an integral part of their own activities, and to participate in action designed to promote the development of such programmes provided by other institutions, in particular by making available their own teaching staﬀ, conducting research and training the necessary personnel.

VI. Training and status of persons engaged in adult education work 41. It should be recognized that adult education calls for special skills, knowledge, understanding and attitudes on the part of those who are involved in providing it, in whatever capacity and for any purpose. It is desirable therefore that they should be recruited

Recommendations Adopted by the General Conference

481

with care, according to their particular functions, and receive initial and in-service training, according to their needs and those of the work in which they are engaged. 42. Measures should be taken to ensure that the various specialists who have a useful contribution to make to the work of adult education take part in those activities, whatever their nature or purpose. 43. In addition to the employment of full-time professional workers, measures should be taken to enlist the support of anyone capable of making a contribution, regular or occasional, paid or voluntary, to adult education activities, of any kind. Voluntary involvement and participation in all aspects of organizing and teaching are of crucial importance, and people with all kinds of skills are able to contribute to them. 44. Training for adult education should, as far as practicable, include all those aspects of skill, knowledge, understanding and personal attitude which are relevant to the various functions undertaken, taking into account the general background against which adult education takes place. By integrating these aspects with each other, training should itself be a demonstration of sound adult education practice. 45. Conditions of work and remuneration for full-time staﬀ in adult education should be comparable to those of workers in similar posts elsewhere, and those for paid part-time staﬀ should be appropriately regulated, without detriment to their main occupation.

VII. Relations between adult education and youth education 46. The education of young people should progressively be oriented towards lifelong education and learning, taking into account the experience gained in regard to adult education, with a view to preparing young people, whatever their social origins, to take part in adult education or to contribute to providing it. To this end, measures should be taken with a view to: (a) making access to all levels of education and training more widely available; (b) removing the barriers between disciplines and also between types and levels of education; (c) modifying school and training syllabuses with the aim of maintaining and stimulating intellectual curiosity, and also placing greater emphasis, alongside the acquisition of knowledge, on the development of self-teaching patterns of behaviour, a critical outlook, a reﬂective attitude and creative abilities; (d) rendering school institutions of higher education and training establishments increasingly open to their economic and social environment and linking education and work more ﬁrmly together; (e) informing young people at school, and young people leaving full-time education or initial training, of the opportunities oﬀered by adult education; (f) bringing together, where desirable, adults and adolescents in the same training programme; (g) associating youth movements with adult education ventures.

482

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

47. In cases where a training course organized as part of adult education leads to the acquisition of a qualiﬁcation, in respect of which a diploma or certiﬁcate is awarded when the qualiﬁcation is acquired through study in school or university, such training should be recognized by the award of a diploma or certiﬁcate having equal status. Adult education programmes which do not lead to the acquisition of a qualiﬁcation similar to those in respect of which a diploma or certiﬁcate is awarded should, in appropriate cases, be recognized by an award. 48. Adult education programmes for youth need to be given the highest priority because in most parts of the world the youth form an extremely large segment of society and their education is of the greatest importance for political, economic, social and cultural development of the society in which they live. The programmes of adult education for youth should take account not only of their learning needs, but should enable them to orient themselves for the society of the future.

VIII. The relations between adult education and work 49. Having regard to the close connection between guaranteeing the right to education and the right to work, and to the need to promote the participation of all, whether wage earners or not, in adult education programmes – not only by reducing the constraints to which they are subject, but also by providing them with the opportunity of using in their work the knowledge, qualiﬁcations or aptitudes which adult education programmes are designed to make available to them, and of ﬁnding in work a source of personal fulﬁlment and advancement, and a stimulus to creative activity in both work and social life – measures should be taken: (a) to ensure that, in the formulation of the curriculum of adult education programmes and activities, the working experience of adults should be taken into account; (b) to improve the organization and conditions of work and, in particular, to alleviate the arduous character of work and reduce and adjust working hours; (c) to promote the granting of educational leave during working time, without loss of remuneration, or subject to the payment of compensatory remuneration, and payments for the purpose of oﬀsetting the cost of the education received, and to use any other appropriate aid to facilitate education or updating during working life; (d) to protect the employment of persons thus assisted; (e) to oﬀer comparable facilities to housewives and other homemakers and to nonwage-earners, particularly those of limited means. 50. Member States should encourage or facilitate the inclusion in collective labour agreements of clauses bearing on adult education, and in particular clauses stipulating: (a) the nature of the material possibilities and financial benefits extended to employees, and in particular those employed in sectors where rapid technological change is taking place or those threatened with being laid oﬀ, with a view to their participation in adult education programmes;

Recommendations Adopted by the General Conference

(b)

483

the manner in which technical or professional qualiﬁcations acquired through adult education are taken into account in determining the employment category and in establishing the level of remuneration.

51. Member States should also invite employers: (a) to anticipate and publicize, by level and type of qualiﬁcation, their skilled manpower requirements and the methods of recruitment which are envisaged to meet such needs; (b) to organize or develop a recruitment system such as will encourage their employees to seek to improve their occupational qualiﬁcations. 52. In connection with adult training programmes organized by employers for their staﬀ, Member States should encourage them to ensure that: (a) employees participate in the preparation of the programmes; (b) those taking part in such programmes are chosen in consultation with the workers’ representative bodies; (c) participants receive a certiﬁcate of training or paper qualiﬁcation on completion of the programme enabling them to satisfy third parties that they have completed a given course or received a given qualiﬁcation. 53. Measures should be taken with a view to promoting the participation of adults belonging to labouring, agricultural or craft communities in the implementation of adult education programmes intended for such communities; to this end they should be granted special facilities with the aim of enabling the workers to take those decisions which primarily concern them.

IX. Management, administration, coordination and ﬁnancing of adult education 54. There should be set up, at all levels, international, regional, national and local: (a) structures or procedures for consultation and coordination between public authorities which are competent in the ﬁeld of adult education; (b) structures or procedures for consultation, coordination and harmonization between the said public authorities, the representatives of adult learners and the entire range of bodies carrying out adult education programmes or activities designed to promote the development of such programmes. It should be among the principal functions of these structures, for which resources should be made available, to identify the objectives, to study the obstacles encountered, to propose and, where appropriate, carry out the measures necessary for implementation of the adult education policy and to evaluate the progress made. 55. There should be set up at national level, and, where appropriate, at sub-national level, structures for joint action and cooperation between the public authorities and bodies responsible for adult education on the one hand and the public or private bodies responsible for radio and television on the other. It should be among the principal

484

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

functions of these structures to study, propose and, where appropriate, carry out measures designed to: (a) ensure that the mass media make a substantial contribution to leisure-time occupations and to the education of the people; (b) guarantee freedom of expression, through the mass media, for all opinions and trends in the ﬁeld of adult education; (c) promote the cultural or scientiﬁc value and the educational qualities of programmes as a whole; (d) establish a two-way ﬂow of exchanges between those responsible for, or those professionally engaged in, educational programmes broadcast by radio or television and the persons for whom the programmes are intended. 56. Member States should ensure that the public authorities, while assuming their own speciﬁc responsibilities for the development of adult education: (a) encourage, by laying down an appropriate legal and ﬁnancial framework, the creation and development of adult education associations and consortia on a voluntary and administratively independent basis; (b) provide competent non-governmental bodies participating in adult education programmes, or in action designed to promote such programmes, with technical or ﬁnancial resources enabling them to carry out their task; (c) see that such non-governmental bodies enjoy the freedom of opinion and the technical and educational autonomy which are necessary in order to give eﬀect to the principles set forth in paragraph 2 above; (d) take appropriate measures to ensure the educational and technical eﬃciency and quality of programmes or action conducted by bodies in receipt of contributions from public funds. 57. The proportion of public funds, and particularly of public funds earmarked for education, allocated to adult education, should match the importance of such education for social, cultural and economic development, as recognized by each Member State within the framework of this Recommendation. The total allocation of funds to adult education should cover at least: (a) provision of suitable facilities or adaptation of existing facilities; (b) production of all kinds of learning materials; (c) remuneration and further training of educators; (d) research and information expenses; (e) compensation for loss of earnings; (f) tuition, and, where necessary and if possible, accommodation and travel costs of trainees. 58. Arrangements should be made to ensure, on a regular basis, the necessary funds for adult education programmes and action designed to promote the development of such programmes; it should be recognized that the public authorities, including local authorities, credit organizations, provident societies and national insurance agencies where they exist, and employers should contribute to these funds to an extent commensurate with their respective responsibilities and resources.

Recommendations Adopted by the General Conference

485

59. The necessary measures should be taken to obtain optimum use of resources made available for adult education. All available resources, both material and human, should be mobilized to this end. 60. For the individual, lack of funds should not be an obstacle to participation in adult education programmes. Member States should ensure that ﬁnancial assistance for study purposes is available for those who need it to undertake adult education. The participation of members of underprivileged social groups should, as a general rule, be free of charge.

X. International cooperation 61. Member States should strengthen their cooperation, whether on a bilateral or multilateral basis, with a view to promoting the development of adult education, the improvement of its content and methods, and eﬀorts to ﬁnd new educational strategies. To this end, they should endeavour to incorporate speciﬁc clauses bearing on adult education in international agreements concerned with cooperation in the ﬁelds of education, science and culture, and to promote the development and strengthening of adult education work in UNESCO. 62. Member States should put their experience with regard to adult education at the disposal of other Member States by providing them with technical assistance and, in appropriate cases, with material or ﬁnancial assistance. They should systematically support adult education activities conducted in countries so wishing, through UNESCO and through other international organizations, including non-governmental organizations, with a view to social, cultural and economic development in the countries concerned. Care should be taken to ensure that international cooperation does not take the form of a mere transfer of structures, curricula, methods and techniques which have originated elsewhere, but consists rather in promoting and stimulating development within the countries concerned, through the establishment of appropriate institutions and wellcoordinated structures adapted to the particular circumstances of those countries. 63. Measures should be taken at national, regional and international level: (a) with a view to making regular exchanges of information and documentation on the strategies, structures, content, methods and results of adult education and on relevant research; (b) with a view to training educators capable of working away from their home country, particularly under bilateral or multilateral technical assistance programmes. These exchanges should be made on a systematic basis, particularly between countries facing the same problems and so placed as to be capable of applying the same solutions; to this end, meetings should be organized, more especially on a regional or subregional basis, with a view to publicizing relevant experiments and studying to what extent they are reproducible;

486

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

similarly, joint machinery should be set up in order to ensure a better return on the research which is undertaken. Member States should foster agreements on the preparation and adoption of international standards in important ﬁelds, such as the teaching of foreign languages and basic studies, with a view to helping create a universally accepted unit-credit system. 64. Measures should be taken with a view to the optimum dissemination and utilization of audio-visual equipment and materials, as well as educational programmes and the material objects in which they are embodied. In particular, it would be appropriate: (a) to adapt such dissemination and utilization to the various countries’ social needs and conditions, bearing in mind their speciﬁc cultural characteristics and level of development; (b) to remove, as far as possible, the obstacles to such dissemination and utilization resulting from the regulations governing commercial or intellectual property. 65. In order to facilitate international cooperation, Member States should apply to adult education the standards recommended at international level, in particular with regard to the presentation of statistical data. 66. Member States should support the action undertaken by UNESCO, as the United Nations Specialized Agency competent in this ﬁeld, in its eﬀorts to develop adult education, particularly in the ﬁelds of training, research and evaluation. 67. Member States should regard adult education as a matter of global and universal concern, and should deal with the practical consequences which arise therefrom, furthering the establishment of a new international order, to which UNESCO, as an expression of the world community in educational, scientiﬁc and cultural matters, is committed. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its nineteenth session, which was held in Nairobi and declared closed the thirtieth day of November 1976. IN FAITH WHEREOF, we have appended our signatures. The President of the General Conference The Director-General

Recommendations Adopted by the General Conference

487

Recommendation on Participation by the People at Large in Cultural Life and Their Contribution to It adopted by the General Conference of UNESCO at its 19th session, Nairobi, 26 November 1976 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Nairobi from 26 October to 30 November 1976, at its nineteenth session, Recalling that under the terms of Article 27 of the Universal Declaration of Human Rights, ‘everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientiﬁc advancement and its beneﬁts’, Recalling that the Constitution of UNESCO states, in its Preamble, that the wide diﬀusion of culture, and the education of humanity for justice and liberty and peace are indispensable to the dignity of man, Recalling the provisions of the Declaration of the Principles of International Cultural Cooperation adopted by the General Conference of UNESCO on 4 November 1966 at its fourteenth session, and in particular Article I, which states that ‘each culture has a dignity and value which must be respected and preserved’, and Article IV, which stipulates that one of the aims of international cultural cooperation is ‘to enable everyone to have access to knowledge, to enjoy the arts and literature of all peoples, to share in advances made in science in all parts of the world and in the resulting beneﬁts, and to contribute to the enrichment of cultural life’, and also the provisions of the Final Act of the Conference on Security and Cooperation in Europe to the eﬀect that the participating States, ‘desiring to contribute to the strengthening of peace and understanding among peoples and to the spiritual enrichment of the human personality without distinction as to race, sex, language or religion’ will set themselves the objective, among others, of promoting access by all to their respective cultural achievements, Considering that cultural development not only complements and regulates general development but is also a true instrument of progress, Considering: (a) that culture is an integral part of social life and that a policy for culture must therefore be seen in the broad context of general State policy, and that culture is, in its very essence, a social phenomenon resulting from individuals joining and cooperating in creative activities, (b) that culture is today becoming an important element in human life and one of the principal factors in the progress of mankind, and that an essential premise for such progress is to ensure the constant growth of society’s spiritual potential, based on the full, harmonious development of all its members and the free play of their creative faculties,

488

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(c)

that culture is not merely an accumulation of works and knowledge which an elite produces, collects and conserves in order to place it within reach of all, or that a people rich in its past and its heritage oﬀers to others as a model which their own history has failed to provide for them, that culture is not limited to access to works of art and the humanities, but is at one and the same time the acquisition of knowledge, the demand for a way of life and the need to communicate,

Considering that participation by the greatest possible number of people and associations in a wide variety of cultural activities of their own free choice is essential to the development of the basic human values and dignity of the individual, and that access by the people at large to cultural values can be assured only if social and economic conditions are created that will enable them not only to enjoy the beneﬁts of culture, but also to take an active part in overall cultural life and in the process of cultural development, Considering that access to culture and participation in cultural life are two complementary aspects of the same thing, as is evident from the way in which one aﬀects the other – access may promote participation in cultural life, and participation may broaden access to culture by endowing it with its true meaning – and that without participation, mere access to culture necessarily falls short of the objectives of cultural development, Noting that cultural action often involves only a minute proportion of the population and that, moreover, existing organizations and the means used do not always meet the needs of those who are in a particularly vulnerable position because of their inadequate education, low standard of living, poor housing conditions and economic and social dependence in general, Noting that there is often a wide discrepancy between the reality and the proclaimed ideals, declared intentions, programmes or expected results, Considering that while it is essential and urgent to deﬁne objectives, contents and methods for a policy of participation by the people at large in cultural life, the solutions envisaged cannot be identical for all countries, in view of the current diﬀerences between the socioeconomic and political situations in States, Reaﬃrming the principles of respect for the sovereignty of States, non-interference in the internal aﬀairs of other countries, equality of rights and the right of peoples to selfdetermination, Aware of the responsibility which devolves upon Member States to implement cultural policies for the purpose of advancing the objectives set forth in the Charter of the United Nations, the Constitution of UNESCO, the International Covenant on Economic, Social and Cultural Rights, and the Declaration of the Principles of International Cultural Cooperation, Bearing in mind that elimination of the economic and social inequality which prevents broad sections of the population from gaining access to knowledge which is the foundation of science and technology, and from becoming aware of their own cultural needs, implies broader participation on their part; that to these obstacles must be added a resistance to

Recommendations Adopted by the General Conference

489

change, and barriers of all kinds, whether they are of political or commercial origin or take the form of a reaction by closed communities, Considering that the problem of access and participation can be solved by collective approaches extending to many sectors and aspects of life; that such approaches should be diversiﬁed according to the special characteristics of each community, the whole forming a true design for living calling for basic policy options, Considering that access to culture and participation in cultural life are essential components of an overall social policy dealing with the condition of the working masses, the organization of labour, leisure time, family life, education and training, town planning and the environment, Aware of the important role that can be played in cultural and social life by: young people, whose mission is to contribute to the evolution and progress of society; parents, particularly because of the decisive inﬂuence which they exercise on the cultural education of children and the development of their creativity; elderly people who are available to discharge a new social and cultural function; workers, because of the active contribution they make to social changes; artists, as creators and bearers of cultural values; cultural development personnel whose task is to secure the eﬀective participation in cultural life of all sections of the population and to ascertain and express their aspirations, relying for this purpose on the collaboration of the spontaneous leaders of the community, Considering that access and participation, which should provide everyone with the opportunity not only to receive beneﬁts but also to express himself in all the circumstances of social life, imply the greatest liberty and tolerance in the ﬁelds of cultural training and the creation and dissemination of culture, Considering that participation in cultural life presupposes an aﬃrmation of the personality, its dignity and value, and also the implementation of the fundamental rights and freedoms of man attested by the Charter of the United Nations and international legal instruments concerning human rights, and that the cultural development of the individual is hindered by such phenomena as the policy of aggression, colonialism, neo-colonialism, fascism and racism in all its forms and manifestations, as well as by other causes, Considering that participation in cultural life takes the form of an assertion of identity, authenticity and dignity; that the integrity of identity is threatened by numerous causes of erosion stemming, in particular, from the prevalence of inappropriate models or of techniques which have not been fully mastered, Considering that the assertion of cultural identity should not result in the formation of isolated groups but should, on the contrary, go hand in hand with a mutual desire for wide and frequent contacts, and that such contacts are a fundamental requirement without which the objectives of the present recommendation would be unattainable,

490

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Bearing in mind the fundamental part played by general education, cultural education and artistic training, and the use of working time and free time, with a view to full cultural development, in a context of lifelong education, Considering that the mass media can serve as instruments of cultural enrichment, both by opening up unprecedented possibilities of cultural development, in contributing to the liberation of the latent cultural potential of individuals, to the preservation and popularization of traditional forms of culture, and to the creation and dissemination of new forms, and by turning themselves into media for group communication and promoting direct participation by the people, Considering that the ultimate objective of access and participation is to raise the spiritual and cultural level of society as a whole on the basis of humanistic values and to endow culture with a humanistic and democratic content, and that this in turn implies taking measures against the harmful eﬀect of ‘commercial mass culture’, which threatens national cultures and the cultural development of mankind, leads to debasement of the personality and exerts a particularly harmful inﬂuence on the young generation, Having before it, as item 28 of the agenda of the session, proposals concerning participation by the people at large in cultural life and their contribution to it, Having decided at its eighteenth session that this question should be made the subject of an international regulation, to take the form of a recommendation to Member States, Adopts, this twenty-sixth day of November 1976, the present Recommendation. The General Conference recommends Member States to implement the following provisions, taking whatever legislative or other steps may be required, in conformity with the constitutional practice of each State and the nature of the question under consideration, to apply the principles and norms formulated in this Recommendation within their respective territories. The General Conference recommends Member States to bring this Recommendation to the knowledge of authorities, institutions and organizations which can help to ensure participation by the people at large in cultural life and their contribution to it. The General Conference recommends Member States to submit to it, at such times and in such manner as it shall determine, reports concerning the action they have taken upon this Recommendation.

I. Deﬁnitions, and scope of the Recommendation 1. This Recommendation concerns everything that should be done by Member States or the authorities to democratize the means and instruments of cultural activity, so as to enable all individuals to participate freely and fully in cultural creation and its beneﬁts, in accordance with the requirements of social progress. 2. For the purposes of the Recommendation:

Recommendations Adopted by the General Conference

(a)

(b)

(c)

491

by ‘access to culture’ is meant the concrete opportunities available to everyone, in particular through the creation of the appropriate socio-economic conditions, for freely obtaining information, training, knowledge and understanding, and for enjoying cultural values and cultural property; by ‘participation in cultural life’ is meant the concrete opportunities guaranteed for all – groups or individuals – to express themselves freely, to communicate, act, and engage in creative activities with a view to the full development of their personalities, a harmonious life and the cultural progress of society; by ‘communication’ is meant relations between groups or individuals desirous of freely exchanging or pooling information, ideas and knowledge with a view to promoting dialogue, concerted action, understanding and a sense of community while respecting their originality and their diﬀerences, in order to strengthen mutual understanding and peace.

3. For the purposes of the Recommendation: (a) the concept of culture has been broadened to include all forms of creativity and expression of groups or individuals, both in their ways of life and in their artistic activities; (b) free democratic access to culture of the people at large presupposes the existence of appropriate economic and social policies; (c) participation in cultural life presupposes involvement of the diﬀerent social partners in decision-making related to cultural policy as well as in the conduct and evaluation of activities; (d) free participation in cultural life is related to: (i) a development policy for economic growth and social justice; (ii) a policy of lifelong education which is geared to the needs and aspirations of all people and makes them aware of their own intellectual potentialities and sensitivity, provides them with cultural education and artistic training, improves their powers of self-expression and stimulates their creativity, thus enabling them more successfully to master social changes and to participate more fully in the community life of society; (iii) a science and technology policy inspired by the resolve to safeguard the cultural identity of the peoples; (iv) a social policy directed towards progress and, more precisely, the attenuation – with a view to their elimination – of the inequalities handicapping certain groups and individuals, especially the least privileged, in regard to their living conditions, their opportunities and the fulﬁlment of their aspirations; (v) an environment policy designed, through the planned use of space and the protection of nature, to create a background to living conducive to the full development of individuals and societies; (vi) a communication policy designed to strengthen the free exchange of information, ideas and knowledge, in order to promote mutual understanding, and encouraging to this end the use and extension of both modern and traditional media for cultural purposes;

492 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(vii) a policy for international cooperation based on the principle of equality of cultures, mutual respect, understanding and confidence, and strengthening of peace.

II. Legislation and regulations 4. It is recommended that Member States, if they have not already done so, adopt legislation or regulations in conformity with their national constitutional procedures, or otherwise modify existing practices, in order to: (a) guarantee as human rights those rights bearing on access to and participation in cultural life, in the spirit of the Universal Declaration of Human Rights, of the International Covenant on Economic, Social and Cultural Rights and of the International Covenant on Civil and Political Rights, and in accordance with the ideals and objectives set forth in the United Nations Charter and in the Constitution of UNESCO; (b) provide eﬀective safeguards for free access to national and world cultures by all members of society without distinction or discrimination based on race, colour, sex, language, religion, political convictions, national or social origin, ﬁnancial situation or any other consideration, and so to encourage free participation by all sections of the population in the process of creating cultural values; (c) pay special attention to women’s full entitlement to access to culture and to eﬀective participation in cultural life; (d) promote the development and dissemination of national cultures and the development of international cooperation in order to make the cultural achievements of other peoples better known and to strengthen friendship and mutual understanding; (e) create appropriate conditions enabling the populations to play an increasingly active part in building the future of their society, to assume responsibilities and duties and exercise rights in that process; (f) guarantee the recognition of the equality of cultures, including the cultures of national minorities and of foreign minorities if they exist, as forming part of the common heritage of all mankind, and ensure that they are promoted at all levels without discrimination; ensure that national minorities and foreign minorities have full opportunities for gaining access to, and participating, in the cultural life of the countries in which they ﬁnd themselves, in order to enrich it with their speciﬁc contributions, while safeguarding their right to preserve their cultural identity; (g) protect, safeguard and enhance all forms of cultural expression, such as national or regional languages, dialects, folk arts and traditions both past and present, and rural cultures as well as cultures of other social groups; (h) ensure that the handicapped are integrated in cultural life and have opportunities of contributing to it; (i) ensure equality of access to education;

Recommendations Adopted by the General Conference

(j)

493

guarantee freedom of expression and communication serving to strengthen the ideals of humanism; (k) bring about conditions conducive to creative work, and ensure the freedom of creative artists and the protection of their works and rights; (l) improve the professional status of the various categories of personnel required for the implementation of cultural policies; (m) ensure that cultural education and artistic training are given their proper place in the curricula of educational and training establishments, and extend enjoyment of the artistic heritage to the population outside the education system; (n) multiply opportunities for intellectual, manual or gestural creation, and encourage artistic training, experience and expression, with a view to bringing about the integration of art and life; (o) provide the mass media with a status ensuring their independence, due attention being paid to the eﬀective participation of creative artists and the public; these media should not threaten the authenticity of cultures or impair their quality; they ought not to act as instruments of cultural domination but serve mutual understanding and peace; (p) reconcile the duty to protect and enhance everything connected with the cultural heritage, traditions and the past, with the need to allow the endeavours of the present and the modern outlook to ﬁnd expression; (q) (i) protect and enhance the heritage of the past, and particularly ancient monuments and traditions which may contribute to the essential equilibrium of societies subject to a rapid process of industrialization and urbanization; (ii) make the public aware of the importance of town planning and architecture, not only because they are the reﬂection of cultural and social life, but above all because they condition the very background to living; (iii) associate the population with the conservation and management of the natural environment both at the national and at the international levels, since the quality of the natural environment is essential to the full development of the human personality; (r) create, through the appropriate bodies, conditions making it possible for work and leisure, each in its own way, to oﬀer opportunities for cultural creation to each and everyone, and lay down conditions governing working and leisure hours and the operational organization of cultural institutions which will enable the greatest possible number of people to gain access to culture and participate in cultural life; (s) reject concepts which, under the guise of cultural action, are based on violence and aggression, domination, contempt and racial prejudice, as well as on debasing ideas or practices; (t) strengthen their work in support of peace and international understanding, in accordance with the Declaration of the Principles of International Cultural Cooperation and encourage the dissemination of ideas and cultural goods conducive to the strengthening of peace, security and cooperation

494

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

III. Technical, administrative, economic and ﬁnancial measures 5. It is recommended to Member States, if they have not already done so, that they make the necessary technical, administrative and ﬁnancial resources available to upgrade policies for cultural action from the insigniﬁcant position to which they may still be relegated, until they reach an operationally eﬀective level enabling them to achieve the goals of lifelong education and cultural development, and to ensure to the maximum that the people at large have access to culture and participate freely in cultural life. For this purpose Member States should take the following measures.

A. Ways and means of cultural action Decentralization of facilities, activities and decisions 6. Member States or the appropriate authorities should: (a) foster decentralization of activities and encourage the development of local centres, special attention being paid to underpopulated peripheral or underprivileged areas; (b) encourage, extend and strengthen the network of cultural and artistic institutions not only in large towns but also in smaller towns, villages and urban neighbourhoods; (c) encourage the setting up of facilities best suited to the needs of the users, and foster the integration of facilities used for cultural activities with those which are designed for social and educational work and which should be mobile to some extent, in order to make available to the widest possible public all the means needed for the heightening of awareness and for cultural development; (d) encourage the use for cultural purposes of all public facilities that promote communication among groups and individuals; (e) encourage interregional and inter-community exchanges; (f) stimulate regional or local initiative, both by providing decision-makers with the necessary resources at appropriate levels and by sharing the decision-making function with the representatives of other parties interested in cultural problems; and to this end develop secondary centres for administrative decision-making; (g) develop methods for the promotion of artistic creation and cultural activity by the people at large, based upon the people’s own organizations, in both residential areas and working places; (h) apply special measures for certain disadvantaged groups and for environments with a poorly developed cultural life; special attention should be paid to, e.g. children, the handicapped, people living in hospitals and prisons, and people living in remotely situated areas, as well as those in city slums; decisions and responsibility should, as much as possible, be left with the group participating in the activities.

Recommendations Adopted by the General Conference

495

Concerted action 7. Member States or the appropriate authorities should encourage concerted action and cooperation both as regards the activities themselves and decision-making: (a) by paying special attention to creative cultural and artistic non-institutional and non-professional activities, and by providing all possible support to amateur activities in all their diversity; (b) by establishing advisory structures, at the local, regional and national levels, bringing together representatives of the professional and social groups concerned who will participate in determining the objectives and ways and means of cultural action.

Trade unions and other workers’ organizations 8. Member States or the appropriate authorities should take all such measures as will be of assistance to sociocultural organizations for the people at large, trade unions, and other workers’ organizations for wage earners or the self-employed (farmers, craftsmen, etc.), in freely carrying out their cultural policies or projects so as to enable them to enjoy the whole wealth of cultural values and to take an active part in the cultural life of society.

Animation 9. Member States or the appropriate authorities should: (a) contribute to the training of cultural development personnel, in particular of ‘animateurs’, who should act as information, communication and expression intermediaries, by putting people in contact with each other and serving as a connecting link between the public, the work of art, and the artist, and between the public and cultural institutions; (b) provide such personnel with means of action enabling them, on the one hand, to give support to the spontaneous ‘animateurs’ of local communities and, on the other hand, to stimulate initiative and participation, using the necessary training methods; (c) encourage the use of instruments and equipment for communication and expression which have education value and oﬀer a potential for creation, by making them available to cultural centres and institutions such as public libraries, museums, etc.

Artistic creation 10. Member States or other appropriate authorities should: (a) create social, economic and ﬁnancial conditions which should provide artists, writers and composers of music with the necessary basis for free creative work; (b) deﬁne, for this purpose, in addition to the legal measures connected with copyright and the protection of works of art:

496

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(i)

(c) (d)

(e)

(f) (g)

(h)

social measures applying to all professional artists, and ﬁscal measures designed to assist not only collective forms of artistic creation (theatre, cinema, etc.) but also individual artists; (ii) a policy of fellowships, prizes, State commissions, and the engagement of artists, particularly for the construction and decoration of public buildings; (iii) a policy for the dissemination of culture (exhibitions, performances of musical and theatrical works, etc.); (iv) a research policy that oﬀers individual artists, groups and institutions the possibility of carrying out experiments and research in multi-purpose workshops, without feeling obliged to produce successful results, in such a way as to foster an artistic and cultural renewal; consider establishing funds to provide aid for artistic creation; encourage the endeavours of all who have a vocation for artistic creation, and help young people to develop their talents without any discrimination, and strengthen specialized institutions providing professional training in all the arts; promote opportunities for the publication of high-quality reproductions of artistic works, the publication and translation of literary works and the publication and performance of musical compositions; associate artists at all levels in the formulation and implementation of cultural policies; ensure the multiplicity of bodies called upon to assess works of art, and the regular renewal of their membership, as well as the multiplicity of sources of ﬁnance, so as to safeguard the freedom of creative artists; give technical, administrative and ﬁnancial assistance to groups of amateur artists, and support cooperation between non-professional and professional artists.

Cultural industries 11. Member States or the appropriate authorities should make sure that the criterion of proﬁt-making does not exert a decisive inﬂuence on cultural activities, and, in drawing up cultural policies, provide for machinery for negotiating with private cultural industries, as well as for supplementary or alternative initiatives.

Dissemination 12. Member States or the appropriate authorities should: (a) adopt a policy of granting subsidies and awarding prizes for cultural goods and services, and bring about conditions which will ensure that they are disseminated and become accessible to the broadest possible social categories, particularly in cultural ﬁelds neglected by commercial enterprises; (b) take steps, by means of a policy of appropriate subsidies and contracts, to further the development of the activities of cultural associations at the national, regional and local levels; (c) give prominence to a type of dissemination which is conducive to an active frame of mind in the public rather than to passive consumption of cultural products.

Recommendations Adopted by the General Conference

497

Research 13. Member States or the appropriate authorities should foster cultural development research projects which aim, inter alia, at evaluating current activities as well as stimulating new experiments and studying their impact on the widest possible audiences, with a view to the possible adoption of fresh measures in connection with cultural policies.

B. Policies related to cultural action Communication 14. Member States or the appropriate authorities should: (a) promote all occasions for communication, such as meetings, debates, public performances, group activities, and festivals, for the purpose of encouraging dialogue and a continuous exchange of ideas between individuals, the public, creative artists, ‘animateurs’ and producers; (b) develop the opportunities for cultural contact and exchange provided by sports events, nature discovery expeditions, art and aesthetic education, current events and tourism; (c) encourage the usual social intermediaries (communities, institutions, agencies, trade unions, and other groups) to promote information and free cultural expression for their members on the widest possible scale, in order to increase their awareness of, and familiarize them with, cultural activities; (d) supply information that is apt to generate feedback and personal initiative; (e) facilitate access to written works by arranging for mobile and ﬂexible forms of dissemination, and provide for extension work in places such as libraries or reading rooms; (f) promote extensive use of audio-visual media in order to bring the best of the culture of both past and present within the reach of large sectors of the population, including, where applicable, oral traditions, in the collection of which the media can assuredly assist; (g) promote the active participation of audiences by enabling them to have a voice in the selection and production of programmes, by fostering the creation of a permanent ﬂow of ideas between the public, artists and producers, and by encouraging the establishment of production centres for use by audiences at local and community levels; (h) encourage the communication media to increase the number and variety of their programmes in order to oﬀer the widest range of choices, bearing in mind the extreme diversity of audiences, to enhance the cultural quality of programmes intended for the public at large, to select spoken and visual languages accessible to all audiences, to give preference to material which serves the purposes of information and education rather than those of propaganda and publicity, and to pay special attention to the protection of national cultures from potentially harmful inﬂuences of some types of mass production;

498

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(i)

(j)

(k)

promote comparative studies and research on the reciprocal inﬂuence as between the artist, the mass media and society, and on the relationship between the production and impact of cultural programmes; provide, with a view to lifelong education, an introduction to audio-visual languages as well as to choosing communication media and programmes with discrimination from an early age; develop, in a general way, forms of education and training which are adapted to the special characteristics of audiences in order to make them capable of receiving, selecting and grasping the mass of information which is put into circulation in modern societies.

Education 15. Member States or the appropriate authorities should: (a) link cultural plans systematically with educational plans within the context of lifelong education embracing the family, the school, community life, vocational training, continuing education and cultural activity; (b) help people at large to gain access to knowledge, bearing in mind the need to create socio-economic conditions such as will allow them to participate in community life, and make whatever changes may be required in educational systems, content and methods; (c) develop, in a systematic manner, cultural education and artistic training programmes at all levels by inviting contributions from artists and those responsible for cultural action.

Youth 16. Member States or the appropriate authorities should oﬀer young people a wide range of cultural activities which correspond to their needs and aspirations, encourage them to acquire a sense of social responsibility, awaken their interest in the cultural heritage of their own country and in that of all mankind and, with a view to cultural cooperation in a spirit of friendship, international understanding and peace, promote the ideals of humanism and respect for widely recognized educational and moral principles.

Environment 17. Member States or the appropriate authorities should: (a) set up machinery for concerted action allowing the inhabitants or their representatives to be closely associated with the preparation and implementation of town planning projects and changes to the architectural setting in which they live, and also with the safeguarding of historic quarters, towns and sites and their integration into a modern environment; (b) take into consideration the international instruments adopted on such issues by intergovernmental organizations.

Recommendations Adopted by the General Conference

499

IV. International cooperation 18. Member States or the appropriate authorities should: (a) strengthen bilateral and multilateral, and regional and international cultural cooperation with due regard for the generally recognized principles of international law and the ideals and objectives of the United Nations, sovereignty and independence of States, mutual advantage, and the equality of cultures; (b) inspire in the people at large respect for other peoples and a refusal to countenance acts of international violence and policies based on force, domination and aggression; (c) encourage the circulation of ideas and cultural values conducive to better understanding among men; (d) develop and diversify cultural exchanges with a view to promoting an ever deeper appreciation of the values of each culture and, in particular, draw attention to the cultures of the developing countries as a mark of esteem for their cultural identity; (e) contribute actively to the implementation of cultural projects, and to the production and dissemination of works, created by common endeavours, and develop direct contacts and exchanges between institutions and persons active in the cultural ﬁeld, as well as research on cultural development; (f) encourage non-governmental organizations, sociocultural organizations for the people at large, trade unions and social and occupational groups, women’s associations, youth movements, cooperatives and other organizations (for instance, artists’ associations) to participate in international cultural exchanges and their development; (g) take account, in exchanges of persons, of the mutual enrichment resulting from cooperation between specialists from diﬀerent countries; (h) bear in mind that the need for introductory courses and information on culture is all the greater when the aim is to arouse interest in the civilizations and cultures of other nations in order to open men’s minds to the recognition of the plurality and equality of cultures; (i) ensure that the messages chosen are inserted or reinserted into a universal context so that opportunities for access to culture may have signiﬁcance for the whole international community; (j) take account of the important contribution that the press, books, audio-visual media, and in particular television, can make to the mutual understanding of nations and to their knowledge of the cultural achievements of other nations; encourage the use of communication media, including telecommunication satellites, to promote the ideals of peace, human rights and fundamental freedoms, friendship among men and international understanding and cooperation, and thus create the necessary conditions to enable their national cultures to resist ideas of hatred between peoples, war, force and racism, in view of their adverse consequences and their corruptive eﬀect on young people;

500

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(k)

provide appropriate ﬁnancial facilities for activities which aim at promoting international exchanges and cultural cooperation.

V. Federal or confederate States 19. In the implementation of this Recommendation, Member States with a federal or confederate constitution shall not be bound to carry the provisions of the Recommendation into eﬀect when competence for the latter is constitutionally vested in each of the constituent states, provinces or cantons; in such a case, the sole obligation of the federal or confederate government concerned shall be to inform the states, provinces or cantons of those provisions and to recommend their adoption. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its nineteenth session, which was held in Nairobi, and declared closed the thirtieth day of November 1976. IN FAITH WHEREOF, we have appended our signatures. The President of the General Conference The Director-General

Recommendations Adopted by the General Conference

501

Recommendation concerning the International Exchange of Cultural Property adopted by the General Conference of UNESCO at its 19th session, Nairobi, 26 November 1976 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Nairobi from 26 October to 30 November 1976, at its nineteenth session, Recalling that cultural property constitutes a basic element of civilization and national culture, Considering that the extension and promotion of cultural exchanges directed towards a fuller mutual knowledge of achievements in various ﬁelds of culture will contribute to the enrichment of the cultures involved, with due appreciation of the distinctive character of each, and of the value of the cultures of other nations making up the cultural heritage of all mankind, Considering that the circulation of cultural property, when regulated by legal, scientiﬁc and technical conditions calculated to prevent illicit trading in and damage to such property, is a powerful means of promoting mutual understanding and appreciation among nations, Considering that the international circulation of cultural property is still largely dependent on the activities of self-seeking parties and so tends to lead to speculation which causes the price of such property to rise, making it inaccessible to poorer countries and institutions, while at the same time encouraging the spread of illicit trading, Considering that, even when the motives behind the international circulation of this property are disinterested, the action taken usually results in unilateral services, such as short-term loans, deposits under medium- or long-term arrangements, or donations, Considering that such unilateral operations are still limited in number and restricted in range, both because of their cost and because of the variety and complexity of the relevant regulations and practices, Considering that, while it is highly desirable to encourage such operations, by reducing or removing the obstacles to their extension, it is also vitally important to promote operations based on mutual conﬁdence which would enable all institutions to deal with each other on an equal footing, Considering that many cultural institutions, whatever their ﬁnancial resources, possess several identical or similar specimens of cultural objects of indisputable quality and origin which are amply documented, and that some of these items, which are of only minor or secondary importance for these institutions because of their plurality, would be welcomed as valuable accessions by institutions in other countries,

502

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Considering that a systematic policy of exchanges among cultural institutions, by which each would part with its surplus items in return for objects that it lacked, would not only be enriching to all parties but would also lead to a better use of the international community’s cultural heritage, which is the sum of all the national heritages, Recalling that this policy of exchanges has already been recommended in various international agreements concluded as a result of UNESCO’s work, Noting that, on these points, the eﬀects of the above-mentioned instruments have remained limited, and that, generally speaking, the practice of exchanges between disinterested cultural institutions is not widespread, while such operations as do take place are frequently conﬁdential or unpublicized, Considering that it is consequently necessary to develop simultaneously not only the unilateral operations of loans, deposits or donations, but also bi- or multilateral exchanges, Having before it proposals concerning the international exchange of cultural property which appear on the agenda of the session as item 26, Having decided, at its eighteenth session, that this question should take the form of a recommendation to Member States, Adopts, this twenty-sixth day of November 1976, the present Recommendation. The General Conference recommends that Member States should apply the following provisions by taking whatever legislative or other steps may be required, in conformity with the constitutional system or practice of each State, to give eﬀect within their respective territories to the principles formulated in this Recommendation. The General Conference recommends that Member States should bring this Recommendation to the attention of the appropriate authorities and bodies. The General Conference recommends that Member States should submit to it, by dates and in the form to be decided upon by the Conference, reports concerning the action taken by them in pursuance of this Recommendation.

I. Deﬁnitions 1. For the purposes of this Recommendation: • ‘cultural institution’ shall be taken to mean any permanent establishment administered in the general interest for the purpose of preserving, studying and enhancing cultural property and making it accessible to the public, and which is licensed or approved by the competent public authorities of each State; • ‘cultural property’ shall be taken to mean items which are the expression and testimony of human creation and of the evolution of nature which, in the opinion of the competent bodies in individual States, are, or may be, of historical, artistic, scientiﬁc or technical value and interest, including items in the following categories:

Recommendations Adopted by the General Conference

•

503

(a) zoological, botanical and geological specimens; (b) archaeological objects; (c) objects and documentation of ethnological interest; (d) works of ﬁne art and of the applied arts; (e) literary, musical, photographic and cinematographic works; (f) archives and documents; ‘international exchange’ shall be taken to mean any transfer of ownership, use or custody of cultural property between States or cultural institutions in diﬀerent countries – whether it takes the form of the loan, deposit, sale or donation of such property – carried out under such conditions as may be agreed between the parties concerned.

II. Measures recommended 2. Bearing in mind that all cultural property forms part of the common cultural heritage of mankind and that every State has a responsibility in this respect, not only towards its own nationals but also towards the international community as a whole, Member States should adopt, within the sphere of their competence, the following measures to develop the circulation of cultural property among cultural institutions in diﬀerent countries, in cooperation with regional and local authorities as may be required. 3. Member States, in accordance with the legislation and the constitutional system or practice and the particular circumstances of their respective countries, should adapt existing statutes or regulations or adopt new legislation or regulations regarding inheritance, taxation and customs duties and take all other necessary measures in order to make it possible or easier to carry out the following operations solely for the purposes of international exchanges of cultural property between cultural institutions: (a) deﬁnitive or temporary import or export, as well as transit, of cultural property; (b) transfer of ownership or derestriction of cultural property belonging to a public body or a cultural institution. 4. Member States should foster, if they deem it advisable, the establishment, either under their direct authority or through cultural institutions, of ﬁles of requests for and oﬀers of exchanges of cultural property made available for international exchange. 5. Oﬀers of exchange should be entered in the ﬁles only when it has been established that the legal status of the items concerned conforms to national law and that the oﬀering institution has legal title for this purpose. 6. Oﬀers of exchanges should include full scientiﬁc, technical and, if requested, legal documentation calculated to ensure the most favourable conditions for the cultural utilization, the conservation and, where appropriate, the restoration of the items in question.

504

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

7. Exchange agreements should include an indication that the recipient institution is prepared to take all necessary measures of conservation for the proper protection of the cultural property involved. 8. Consideration should be given to the granting of additional ﬁnancial assistance to cultural institutions, or to the setting aside of part of the existing levels of ﬁnancial assistance, to facilitate the carrying out of international exchanges. 9. Member States should give special attention to the problem of covering the risks to which cultural property is exposed throughout the duration of loans, including the period spent in transport, and should, in particular, study the possibility of introducing government guarantee and compensation systems for the loan of objects of great value, such as those which already exist in certain countries. 10. Member States, in accordance with their constitutional practice, should examine the possibility of entrusting to appropriate specialized bodies the task of coordinating the various operations involved in the international exchange of cultural property.

III. International cooperation 11. With the assistance of all competent organizations, whether regional, national or international, intergovernmental or non-governmental, and in accordance with their constitutional practice, Member States should launch an extensive campaign of information and encouragement aimed at cultural institutions in all countries and at the professional staﬀ of all categories – administrative, academic and scientiﬁc – who are in charge of the national cultural property, at the national or regional level, drawing their attention to the important contribution which can be made to the promotion of a better mutual understanding of all peoples by developing all forms of international circulation of cultural property and encouraging them to participate in such exchanges. 12. This campaign should cover the following points in particular: (1) Cultural institutions having already concluded agreements on the international circulation of cultural property should be invited to publicize all provisions which are of a general nature and could thus serve as a model, but not provisions of a special nature such as the description of the particular items in question, their evaluation or other speciﬁc technical details. (2) The competent specialized organizations, and particularly the International Council of Museums, should produce or enlarge one or more practical handbooks describing every possible form of circulation of cultural property and emphasizing their speciﬁc features. These handbooks should include model contracts, including insurance contracts, for every possible type of agreement. With the help of the competent national authorities, the handbooks should be widely distributed to all the professional organizations involved in the various countries. (3) In order to facilitate the preparatory studies for the conclusion of exchange agreements, the following should be widely distributed in all countries:

Recommendations Adopted by the General Conference

(4)

505

(a) various publications (books, periodicals, museum and exhibition catalogues, photographic documentation) produced in all countries by institutions which are custodians of cultural property; (b) the ﬁles of exchange oﬀers and requests compiled in each country. The attention of cultural institutions in all countries should be drawn especially to the opportunities for reassembling a presently dismembered work which would be aﬀorded by a system of successive loans, without transfer of ownership, enabling each of the holding institutions to take its turn to display the work in its entirety.

13. Should the parties to an international exchange of cultural property encounter technical diﬃculties in carrying out such an exchange, they may request the opinion of one or more experts nominated by them after consultation with the Director-General of UNESCO.

IV. Federal States 14. In giving eﬀect to the present Recommendation, Member States which have a federal or non-unitary constitutional system might follow the principles set forth in Article 34 of the Convention concerning the Protection of the World Cultural and Natural Heritage, adopted by the General Conference at its seventeenth session.

V. Action against illicit trading in cultural property 15. The development of international exchanges should enable the cultural institutions of the diﬀerent Member States to enlarge their collections by acquiring cultural property of lawful origin, accompanied by documentation calculated to bring out their full cultural signiﬁcance. Accordingly, Member States should take all necessary steps, with the help of the international organizations concerned, to ensure that the development of such exchanges goes hand in hand with an extension of the action taken against every possible form of illicit trading in cultural property. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its nineteenth session, which was held in Nairobi and declared closed the thirtieth day of November 1976. IN FAITH WHEREOF, we have appended our signatures. The President of the General Conference The Director-General

506

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Recommendation concerning the Safeguarding and Contemporary Role of Historic Areas adopted by the General Conference of UNESCO at its 19th session, Nairobi, 26 November 1976 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Nairobi at its nineteenth session, from 26 October to 30 November 1976, Considering that historic areas are part of the daily environment of human beings everywhere, that they represent the living presence of the past which formed them, that they provide the variety in life’s background needed to match the diversity of society, and that by so doing they gain in value and acquire an additional human dimension, Considering that historic areas aﬀord down the ages the most tangible evidence of the wealth and diversity of cultural, religious and social activities and that their safeguarding and their integration into the life of contemporary society is a basic factor in town planning and land development, Considering that in face of the dangers of stereotyping and depersonalization, this living evidence of days gone by is of vital importance for humanity and for nations who ﬁnd in it both the expression of their way of life and one of the cornerstones of their identity, Noting that throughout the world, under the pretext of expansion or modernization, demolition ignorant of what it is demolishing, and irrational and inappropriate reconstruction work is causing serious damage to this historic heritage, Considering that historic areas are an immovable heritage whose destruction may often lead to social disturbance, even where it does not lead to economic loss, Considering that this situation entails responsibilities for every citizen and lays on public authorities obligations which they alone are capable of fulﬁlling, Considering that, in order to save these irreplaceable assets from the dangers of deterioration, or even total destruction, to which they are thus exposed, it is for each State to adopt, as a matter of urgency, comprehensive and energetic policies for the protection and revitalization of historic areas and their surroundings as part of national, regional or local planning, Noting the absence in many cases of a legislation eﬀective and ﬂexible enough concerning the architectural heritage and its interconnection with town planning, territorial, regional or local planning, Noting that the General Conference has already adopted international instruments for the protection of the cultural and natural heritage, such as the Recommendation on International Principles Applicable to Archaeological Excavations (1956), the Recommendation concerning the Safeguarding of the Beauty and Character of

Recommendations Adopted by the General Conference

507

Landscapes and Sites (1962), the Recommendation concerning the Preservation of Cultural Property Endangered by Public or Private Works (1968), and the Recommendation concerning the Protection, at National Level, of the Cultural and Natural Heritage (1972), Desiring to supplement and extend the application of the standards and principles laid down in these international instruments, Having before it proposals concerning the safeguarding and contemporary role of historic areas, which question appears on the agenda of the session as item 27, Having decided at its eighteenth session that this question should take the form of a recommendation to Member States, Adopts, this twenty-sixth day of November 1976, the present Recommendation. The General Conference recommends that Member States apply the above provisions by adopting, as a national law or in some other form, measures with a view to giving eﬀect to the principles and norms set out in this Recommendation in the territories under their jurisdiction. The General Conference recommends that Member States bring this Recommendation to the attention of the national, regional and local authorities and of institutions, services, or bodies and associations concerned with the safeguarding of historic areas and their environment. The General Conference recommends that Member States report to it, at the dates and in the form determined by it, on action taken by them on this Recommendation.

I. Deﬁnitions 1. For the purposes of the present Recommendation: (a) ‘Historic and architectural (including vernacular) areas’ shall be taken to mean any groups of buildings, structures and open spaces including archaeological and palaeontological sites, constituting human settlements in an urban or rural environment, the cohesion and value of which, from the archaeological, architectural, prehistoric, historic, aesthetic or sociocultural point of view, are recognized. Among these ‘areas’, which are very varied in nature, it is possible to distinguish the following in particular: prehistoric sites, historic towns, old urban quarters, villages and hamlets, as well as homogeneous monumental groups, it being understood that the latter should as a rule be carefully preserved unchanged. (b) The ‘environment’ shall be taken to mean the natural or man-made setting which inﬂuences the static or dynamic way these areas are perceived or which is directly linked to them in space or by social, economic or cultural ties. (c) ‘Safeguarding’ shall be taken to mean the identiﬁcation, protection, conservation, restoration, renovation, maintenance and revitalization of historic or traditional areas and their environment.

508

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

II. General principles 2. Historic areas and their surroundings should be regarded as forming an irreplaceable universal heritage. The governments and the citizens of the States in whose territory they are situated should deem it their duty to safeguard this heritage and integrate it into the social life of our times. The national, regional or local authorities should be answerable for their performance of this duty in the interests of all citizens and of the international community, in accordance with the conditions of each Member State as regards the allocation of powers. 3. Every historic area and its surroundings should be considered in their totality as a coherent whole whose balance and speciﬁc nature depend on the fusion of the parts of which it is composed and which include human activities as much as the buildings, the spatial organization and the surroundings. All valid elements, including human activities, however modest, thus have a signiﬁcance in relation to the whole which must not be disregarded. 4. Historic areas and their surroundings should be actively protected against damage of all kinds, particularly that resulting from unsuitable use, unnecessary additions and misguided or insensitive changes such as will impair their authenticity, and from damage due to any form of pollution. Any restoration work undertaken should be based on scientiﬁc principles. Similarly, great attention should be paid to the harmony and aesthetic feeling produced by the linking or the contrasting of the various parts which make up the groups of buildings and which give to each group its particular character. 5. In the conditions of modern urbanization, which leads to a considerable increase in the scale and density of buildings, apart from the danger of direct destruction of historic areas, there is a real danger that newly developed areas can ruin the environment and character of adjoining historic areas. Architects and town planners should be careful to ensure that views from and to monuments and historic areas are not spoilt and that historic areas are integrated harmoniously into contemporary life. 6. At a time when there is a danger that a growing universality of building techniques and architectural forms may create a uniform environment throughout the world, the preservation of historic areas can make an outstanding contribution to maintaining and developing the cultural and social values of each nation. This can contribute to the architectural enrichment of the cultural heritage of the world.

III. National, regional and local policy 7. In each Member State, a national, regional and local policy should be drawn up, in conformity with the conditions of each State as regards the allocation of powers, so that legal, technical, economic and social measures may be taken by the national, regional or local authorities with a view to safeguarding historic areas and their surroundings and adapting them to the requirements of modern life. The policy thus laid down should inﬂuence planning at national, regional or local level and provide guidelines for town

Recommendations Adopted by the General Conference

509

planning and regional and rural development planning at all levels, the activities stemming from it forming an essential component in the formulation of aims and programmes, the assignment of responsibilities and the conduct of operations. The cooperation of individuals and private associations should be sought in implementing the safeguarding policy.

IV. Safeguarding measures 8. Historic areas and their surroundings should be safeguarded in conformity with the principles stated above and with the methods set out below, the speciﬁc measures being determined according to the legislative and constitutional competence and the organizational and economic structure of each State.

Legal and administrative measures 9. The application of an overall policy for safeguarding historic areas and their surroundings should be based on principles which are valid for the whole of each country. Member States should adapt the existing provisions, or, where necessary, enact new laws and regulations, so as to secure the protection of historic areas and their surroundings, taking into account the provisions contained in this chapter and in the following chapters. They should encourage the adaptation or the adoption of regional or local measures to ensure such protection. Laws concerning town and regional planning and housing policy should also be reviewed so as to coordinate and bring them into line with the laws concerning the safeguarding of the architectural heritage. 10. The provisions establishing a system for safeguarding historic areas should set out the general principles relating to the establishment of the necessary plans and documents and, in particular: the general conditions and restrictions applicable to the protected areas and their surroundings; a statement as to the programmes and operations to be planned for the purpose of conservation and provision of public services; maintenance to be carried out and the designation of those to be responsible for it; the ﬁelds to which town planning, redevelopment and rural land management are applicable; the designation of the body responsible for authorizing any restoration, modiﬁcation, new construction or demolition within the protected perimeter; the means by which the safeguarding programmes are to be ﬁnanced and carried out. 11. Safeguarding plans and documents should deﬁne: the areas and items to be protected; the speciﬁc conditions and restrictions applicable to them; the standards to be observed in the work of maintenance, restoration and improvements; the general conditions governing the establishment of the supply systems and services needed in urban or rural life; the conditions governing new constructions. 12. These laws should also in principle include provisions designed to prevent any infringement of the preservation laws, as well as any speculative rise in property values within the protected areas which could compromise protection and restoration planned in the interests of the community as a whole. These provisions could involve town planning measures affording a means of influencing the price of building land, such as the

510 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

establishment of neighbourhood or smaller development plans, granting the right of pre-emption to a public body, compulsory purchase in the interests of safeguarding or rehabilitation, or automatic intervention in the case of failure to act on the part of the owners, and could provide for eﬀective penalties such as the suspension of operations, compulsory restoration and/or a suitable ﬁne. 13. Public authorities as well as individuals must be obliged to comply with the measures for safeguarding. However, machinery for appeal against arbitrary or unjust decisions should be provided. 14. The provisions concerning the setting up of public and private bodies and concerning public and private work projects should be adapted to the regulations governing the safeguarding of historic areas and their surroundings. 15. In particular, provisions concerning slum property and blocks and the construction of subsidized housing should be planned or amended both to ﬁt in with the safeguarding policy and to contribute to it. The schedule of any subsidies paid should be drawn up and adjusted accordingly, in particular in order to facilitate the development of subsidized housing and public construction by rehabilitating old buildings. All demolition should in any case only concern buildings with no historic or architectural value, and the subsidies involved should be carefully controlled. Further, a proportion of the funds earmarked for the construction of subsidized housing should be allocated to the rehabilitation of old buildings. 16. The legal consequences of the protection measures as far as buildings and land are concerned should be made public and should be recorded by a competent oﬃcial body. 17. Making due allowance for the conditions speciﬁc to each country and the allocation of responsibilities within the various national, regional and local authorities, the following principles should underlie the operation of the safeguarding machinery: (a) there should be an authority responsible for ensuring the permanent coordination of all those concerned, e.g. national, regional and local public services, or groups of individuals; (b) safeguarding plans and documents should be drawn up, once all the necessary advance scientiﬁc studies have been carried out, by multidisciplinary teams composed, in particular, of: • specialists in conservation and restoration, including art historians; architects and town planners; • sociologists and economists; • ecologists and landscape architects; • specialists in public health and social welfare; • and, more generally, all specialists in disciplines involved in the protection and enhancement of historic areas; (c) the authorities should take the lead in sounding the opinions and organizing the participation of the public concerned; (d) the safeguarding plans and documents should be approved by the body designated by law;

Recommendations Adopted by the General Conference

(e)

511

the public authorities responsible for giving eﬀect to the safeguarding provisions and regulations at all levels, national, regional and local, should be provided with the necessary staﬀ and given adequate technical, administrative and ﬁnancial resources.

Technical, economic and social measures 18. A list of historic areas and their surroundings to be protected should be drawn up at national, regional or local level. It should indicate priorities so that the limited resources available for protection may be allocated judiciously. Any protection measures, of whatever nature, that need to be taken as a matter of urgency should be taken without waiting for the safeguarding plans and documents to be prepared. 19. A survey of the area as a whole, including an analysis of its spatial evolution, should be made. It should cover archaeological, historical, architectural, technical and economic data. An analytical document should be drawn up so as to determine which buildings or groups of buildings are to be protected with great care, conserved under certain conditions, or, in quite exceptional and thoroughly documented circumstances, destroyed. This would enable the authorities to call a halt to any work incompatible with this Recommendation. Additionally, an inventory of public and private open spaces and their vegetation should be drawn up for the same purposes. 20. In addition to this architectural survey, thorough surveys of social, economic, cultural and technical data and structures and of the wider urban or regional context are necessary. Studies should include, if possible, demographic data and an analysis of economic, social and cultural activities, ways of life and social relationships, land-tenure problems, the urban infrastructure, the state of the road system, communication networks, and the reciprocal links between protected areas and surrounding zones. The authorities concerned should attach the greatest importance to these studies and should bear in mind that valid safeguarding plans cannot be prepared without them. 21. After the survey described above has been completed, and before the safeguarding plans and speciﬁcations are drawn up, there should in principle be a programming operation in which due account is taken both of town planning, architectural, economic and social considerations, and of the ability of the urban and rural fabric to assimilate functions that are compatible with its speciﬁc character. The programming operation should aim at bringing the density of settlement to the desired level and should provide for the work to be carried out in stages, as well as for the temporary accommodation needed while it is proceeding, and premises for the permanent rehousing of those inhabitants who cannot return to their previous dwellings. This programming operation should be undertaken with the closest possible participation of the communities and groups of people concerned. Because the social, economic and physical context of historic areas and their surroundings may be expected to change over time, survey and analysis should be a continuing process. It is accordingly essential that the preparation of safeguarding plans and their execution be undertaken on the basis of studies available, rather than being postponed while the planning process is reﬁned.

512 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

22. Once the safeguarding plans and speciﬁcations have been drawn up and approved by the competent public authority, it would be desirable for them to be executed either by their authors or under their authority. 23. In historic areas containing features from several diﬀerent periods, preservation should be carried out taking into account the manifestations of all such periods. 24. Where safeguarding plans exist, urban development or slum clearance programmes consisting of the demolition of buildings of no architectural or historic interest and which are structurally too unsound to be kept, the removal of extensions and additional storeys of no value, and sometimes even the demolition of recent buildings which break the unity of the area, may only be authorized in conformity with the plan. 25. Urban development or slum clearance programmes for areas not covered by safeguarding plans should respect buildings and other elements of architectural or historic value as well as accompanying buildings. If such elements are likely to be adversely aﬀected by the programme, safeguarding plans as indicated above should be drawn up in advance of demolition. 26. Constant supervision is necessary to ensure that these operations are not conducive to excessive proﬁts nor serve other purposes contrary to the objectives of the plan. 27. The usual security standards applicable to ﬁre and natural catastrophes should be observed in any urban development or slum clearance programme aﬀecting a historic area, provided that this be compatible with the criteria applicable to the preservation of the cultural heritage. If conﬂict does occur, special solutions should be sought, with the collaboration of all the services concerned, so as to provide the maximum security, while not impairing the cultural heritage. 28. Particular care should be devoted to regulations for, and control over, new buildings so as to ensure that their architecture adapts harmoniously to the spatial organization and setting of the groups of historic buildings. To this end, an analysis of the urban context should precede any new construction, not only so as to deﬁne the general character of the group of buildings but also to analyse its dominant features, e.g. the harmony of heights, colours, materials and forms, constants in the way the facades and roofs are built, the relationship between the volume of buildings and the spatial volume, as well as their average proportions and their position. Particular attention should be given to the size of the lots, since there is a danger that any reorganization of the lots may cause a change of mass which could be deleterious to the harmony of the whole. 29. The isolation of a monument through the demolition of its surroundings should not generally be authorized, neither should a monument be moved unless in exceptional circumstances and for unavoidable reasons. 30. Historic areas and their surroundings should be protected from the disﬁgurement caused by the erection of poles, pylons and electricity or telephone cables, and the placing of television aerials and large-scale advertising signs. Where these already exist, appropriate measures should be taken for their removal. Bill-posting, neon signs and other kinds of advertisement, commercial signs, street pavements and furniture should be planned with

Recommendations Adopted by the General Conference

513

the greatest care and controlled so that they ﬁt harmoniously into the whole. Special eﬀorts should be made to prevent all forms of vandalism. 31. Member States and groups concerned should protect historic areas and their surroundings against the increasingly serious environmental damage caused by certain technological developments – in particular, the various forms of pollution – by banning harmful industries in the proximity of these areas and by taking preventive measures to counter the destructive eﬀects of noise, shocks and vibrations caused by machines and vehicles. Provision should further be made for measures to counter the harm resulting from overexploitation by tourism. 32. Member States should encourage and assist local authorities to seek solutions to the conﬂict existing in most historic groupings between motor traﬃc on the one hand and the scale of the buildings and their architectural qualities on the other. To solve the conﬂict and to encourage pedestrian traﬃc, careful attention should be paid to the placing of, and access to, peripheral and even central car parks, and routing systems established, which will facilitate pedestrian traﬃc, service access and public transport alike. Many rehabilitation operations such as putting electricity and other cables underground, too expensive if carried out singly, could then be coordinated easily and economically with the development of the road system. 33. Protection and restoration should be accompanied by revitalization activities. It would thus be essential to maintain appropriate existing functions, in particular trades and crafts, and establish new ones, which, if they are to be viable in the long term, should be compatible with the economic and social context of the town, region or country where they are introduced. The cost of safeguarding operations should be evaluated not only in terms of the cultural value of the buildings but also in relation to the value they acquire through the use made of them. The social problems of safeguarding cannot be seen correctly unless reference is made to both these value scales. These functions should answer the social, cultural and economic needs of the inhabitants without harming the speciﬁc nature of the area concerned. A cultural revitalization policy should make historic areas centres of cultural activities and give them a central role to play in the cultural development of the communities around them. 34. In rural areas all works which cause disturbances and all changes of economic and social structure should be carefully controlled so as to preserve the integrity of historic rural communities within their natural setting. 35. Safeguarding activities should couple the public authorities’ contribution with the contribution made by the individual or collective owners and the inhabitants and users, separately or together, who should be encouraged to put forward suggestions and generally play an active part. Constant cooperation between the community and the individual should thus be established at all levels, particularly through methods such as: information adapted to the types of persons concerned; surveys adapted to the persons questioned; establishment of advisory groups attached to planning teams; representation of owners, inhabitants and users, in an advisory function, on bodies responsible for decision-making, management and

514 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

the organization of operations connected with plans for safeguarding, or the creation of public corporations to play a part in the plan’s implementation. 36. The formation of voluntary conservation groups and non-proﬁt-making associations, and the establishment of honorary or ﬁnancial rewards, should be encouraged so that specially meritorious work in all aspects of safeguarding may be recognized. 37. Availability of the necessary funds for the level of public investment provided for in the plans for the safeguarding of historic areas and their surroundings should be ensured by including adequate appropriations in the budgets of the central, regional and local authorities. All these funds should be centrally managed by public, private or semi-public bodies entrusted with the coordination of all forms of ﬁnancial aid at national, regional or local level, and with the channelling of them according to an overall plan of action. 38. Public assistance in the forms described below should be based on the principle that, wherever this is appropriate and necessary, the measures taken by the authorities concerned should take into account the ‘extra cost’ of restoration, i.e. the additional cost imposed on the owner as compared with the new market or rental value of the building. 39. In general, such public funds should be used primarily to conserve existing buildings, including especially buildings for low-rental housing, and should not be allocated to the construction of new buildings unless the latter do not prejudice the use and functions of existing buildings. 40. Grants, subsidies, loans at favourable rates, or tax concessions should be made available to private owners and to users carrying out work provided for by the safeguarding plans and in conformity with the standards laid down in those plans. These tax concessions, grants and loans could be made ﬁrst and foremost to groups of owners or users of living accommodation and commercial property, since joint operations are more economical than individual action. The ﬁnancial concessions granted to private owners and users should, where appropriate, be dependent on covenants requiring the observance of certain conditions laid down in the public interest, and ensuring the integrity of the buildings, such as allowing the buildings to be visited and allowing access to parks, gardens or sites, the taking of photographs, etc. 41. Special funds should be set aside in the budgets of public and private bodies for the protection of groups of historic buildings endangered by large-scale public works and pollution. Public authorities should also set aside special funds for the repair of damage caused by natural disasters. 42. In addition, all government departments and agencies active in the ﬁeld of public works should arrange their programmes and budgets so as to contribute to the rehabilitation of groups of historic buildings by ﬁnancing work which is both in conformity with their own aims and the aims of the safeguarding plan. 43. To increase the ﬁnancial resources available to them, Member States should encourage the setting up of public and/or private ﬁnancing agencies for the safeguarding of historic areas and their surroundings. These agencies should have corporate status and be empowered

Recommendations Adopted by the General Conference

515

to receive gifts from individuals, foundations and industrial and commercial concerns. Special tax concessions may be granted to donors. 44. The ﬁnancing of work of any description carried out for the safeguarding of historic areas and their surroundings by setting up a loans corporation could be facilitated by public institutions and private credit establishments, which would be responsible for making loans to owners at reduced rates of interest with repayment spread out over a long period. 45. Member States and other levels of government concerned could facilitate the creation of non-proﬁt-making associations responsible for buying and, where appropriate after restoration, selling buildings by using revolving funds established for the special purpose of enabling owners of historic buildings who wish to safeguard them and preserve their character to continue to reside there. 46. It is most important that safeguarding measures should not lead to a break in the social fabric. To avoid hardship to the poorest inhabitants consequent on their having to move from buildings or groups of buildings due for renovation, compensation for rises in rent could enable them to keep their homes, commercial premises and workshops, and their traditional living patterns and occupations, especially rural crafts, small-scale agriculture, ﬁshing, etc. This compensation, which would be income-related, would help those concerned to pay the increased rentals resulting from the work carried out.

V. Research, education and information 47. In order to raise the standard of work of the skilled workers and craftsmen required, and to encourage the whole population to realize the need for safeguarding and to take part in it, the following measures should be taken by Member States, in accordance with their legal and constitutional competence. 48. Member States and groups concerned should encourage the systematic study of, and research on: town planning aspects of historic areas and their environment; the interconnections between safeguarding and planning at all levels; methods of conservation applicable to historic areas; the alteration of materials; the application of modern techniques to conservation work; the crafts techniques indispensable for safeguarding. 49. Speciﬁc education concerning the above questions and including practical training periods should be introduced and developed. In addition, it is essential to encourage the training of skilled workers and craftsmen specializing in the safeguarding of historic areas, including any open spaces surrounding them. Furthermore, it is necessary to encourage the crafts themselves, which are jeopardized by the processes of industrialization. It is desirable that the institutions concerned cooperate in this matter with specialized international agencies such as the Centre for the Study of the Preservation and Restoration of Cultural Property, in Rome, the International Council of Monuments and Sites (ICOMOS) and the International Council of Museums (ICOM).

516 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

50. The education of administrative staﬀ for the needs of local development in the ﬁeld of safeguarding of historic areas should be ﬁnanced where applicable and needed, and directed by the appropriate authorities, according to a long-term programme. 51. Awareness of the need for safeguarding work should be encouraged by education in school, out of school and at university, and by using information media such as books, the press, television, radio, cinema and travelling exhibitions. Clear, comprehensive information should be provided as to the advantages – not only aesthetic, but also social and economic to be reaped from a well-conducted policy for the safeguarding of historic areas and their surroundings. Such information should be widely circulated among specialized private and government bodies and the general public so that they may know why and how their surroundings can be improved in this way. 52. The study of historic areas should be included in education at all levels, especially in history teaching, so as to inculcate in young minds an understanding of and respect for the works of the past and to demonstrate the role of this heritage in modern life. Education of this kind should make wide use of audio-visual media and of visits to groups of historic buildings. 53. Refresher courses for teachers and guides, and the training of instructors, should be facilitated so as to aid groups of young people and adults wishing to learn about historic areas.

VI. International cooperation 54. Member States should cooperate with regard to the safeguarding of historic areas and their surroundings, seeking aid, if it seems desirable, from international organizations, both intergovernmental and non-governmental, in particular that of the UNESCO-ICOMICOMOS Documentation Centre. Such multilateral or bilateral cooperation should be carefully coordinated and should take the form of measures such as the following: (a) exchange of information in all forms and of scientific and technical publications; (b) organization of seminars and working parties on particular subjects; (c) provision of study and travel fellowships, and the dispatch of scientiﬁc, technical and administrative staﬀ, and equipment; (d) joint action to combat pollution of all kinds; (e) implementation of large-scale conservation, restoration and rehabilitation projects for historic areas, and publication of the experience acquired; in frontier areas where the task of developing and safeguarding historic areas and their surroundings gives rise to problems jointly aﬀecting Member States on either side of the frontier, they should coordinate their policies and activities to ensure that the cultural heritage is used and protected in the best possible way; (f) mutual assistance between neighbouring countries for the preservation of areas of common interest characteristic of the historic and cultural development of the region.

Recommendations Adopted by the General Conference

517

55. In conformity with the spirit and the principles of this Recommendation, a Member State should not take any action to demolish or change the character of the historic quarters, towns and sites situated in territories occupied by that State. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its nineteenth session, which was held in Nairobi and declared closed the thirtieth day of November 1976. IN FAITH WHEREOF, we have appended our signatures. The President of the General Conference The Director-General

518 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Revised Recommendation concerning International Competitions in Architecture and Town Planning adopted by the General Conference of UNESCO at its 20th session, Paris, 27 November 1978 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris at its twentieth session, from 24 October to 28 November 1978, Recalling that it adopted, at its ninth session (1956), the Recommendation concerning International Competitions in Architecture and Town Planning, Noting that the international norms and principles deﬁned in that Recommendation are still valid, Considering, however, that the Standard Regulations annexed to that Recommendation require to be brought up to date in order to meet present needs in respect of international competitions in architecture and town planning more fully, and to take into account the experience gained, Having, at its nineteenth session, considered it advisable to proceed with the revision of that Recommendation, Having before it proposals concerning the revision of that Recommendation, Adopts, this twenty-seventh day of November 1978, the present revised Recommendation. The General Conference recommends that Member States apply the following provisions by taking whatever legislative or other steps may be required to give eﬀect, within their respective territories, to the principles and norms formulated in the present revised Recommendation. The General Conference recommends that Member States bring the present revised Recommendation to the knowledge of the authorities and organizations concerned with competitions in architecture and town planning, and of national associations of architects and town planners. The General Conference recommends that Member States report to it, on dates and in a manner to be determined by it, on the action they have taken to give eﬀect to the present revised Recommendation

I. Deﬁnitions 1. (a)

(b)

For the purposes of the present revised Recommendation, the designation ‘international’ shall apply to any competition in which the participation of architects or town planners of more than one country is invited. International competitions may be either open or restricted:

Recommendations Adopted by the General Conference

519

(i)

(c)

competitions for which any specialists of two or more countries may enter are termed ‘open’; (ii) competitions which are limited to certain specialists invited by the organizers are termed ‘restricted’. International competitions may consist of one or two stages.

II. Organization of international competitions 2. The announcement of an international competition should include a deﬁnition of the type of competition and a clear statement of the purpose of the competition. It should indicate whether the competition is open or restricted and whether it is in one or two stages. 3. The conditions for an international competition should be drawn up in consultation with the International Union of Architects. 4. The conditions for an international competition should state clearly: the purpose of the competition, the precise nature of the problem, and the practical requirements to be met by the competitors. 5. The requirements and conditions for an international competition should be identical for all competitors, irrespective of nationality 6. The announcement of an open international competition should be made internationally and on an equitable basis.

III. The judging of international competitions 7. The jury should include a majority of qualiﬁed specialists. 8. The jury should include, among its members, persons of nationalities other than that of the country organizing the competition.

IV. Action following international competitions 9. The amount of prize money, honoraria and compensation speciﬁed in the conditions for an international competition should be proportional to the size of the project, its nature, and the work required of competitors. 10. The winner of an international competition should be given adequate safeguards with regard to his participation in the execution of the project. If the project is not executed, provision should be made for compensation proportional to the size of the project.

520 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

11. Suitable steps should be taken to protect the copyright and rights of ownership of all competitors in the designs they submit for an international competition. 12 The results of an international competition should be made public, and the designs submitted for the competition should be put on public display. 13. Provision should be made for recourse to the good oﬃces of the International Union of Architects for the settlement of any dispute which may arise in connection with an international competition.

V. Standard regulations 14. Organizers of international competitions should be guided by the provisions of the Standard Regulations attached, as an Annex, to the present revised Recommendation.

Annex: Standard Regulations for international competitions in architecture and town planning Introduction The purpose of these Standard Regulations is to state the principles upon which international competitions are based and by which promoters should be guided in organizing a competition. They have been drawn up in the interests of both promoters and competitors.

General provisions Article  The designation ‘international’ shall apply to any competition in which participation is open to architects, town planners or teams of specialists led by an architect or town planner who are of diﬀerent nationalities and reside in diﬀerent countries, as well as to members of other professions working in association with them. Competitions which are open to all architects, town planners and professionals working in association with them are termed ‘open’. These Regulations cover both open competitions and restricted competitions (where some form of restriction is imposed) and sometimes special competitions.

Article  International competitions may be classiﬁed into ‘project’ or ‘ideas’ competitions.

Article  International competitions may be organized in one or two stages.

Recommendations Adopted by the General Conference

521

Article  The regulations and conditions for an international competition shall be identical for all competitors.

Article  A copy of the regulations and full set of conditions for any competition shall be ﬁled with the International Union of Architects, hereinafter referred to as the UIA, and sent free of charge at the same time to all the UIA National Sections concerned. The answers to competitors’ questions shall also be sent to the UIA and to all UIA National Sections.

Article  Any set of conditions which is not published in one of the oﬃcial languages of the International Union of Architects (English, French, Russian and Spanish) shall be accompanied by a translation into at least one of these languages. Such translations shall be issued at the same time as the original language version. Competitors shall not be required to submit material in more than one UIA language.

Article  All competitors’ designs shall be submitted and judged anonymously.

Article  Notice of an international competition shall be issued by the promoter and/or the UIA Secretariat-General to all National Sections with a request for publication in technical journals or through other media at their disposal, as far as possible simultaneously, to enable those interested to apply for the regulations and full set of conditions in due time. This announcement shall state where and how copies of the conditions may be obtained and specify that the conditions have received UIA approval (see Article 15).

Professional Adviser Article  The promoter shall appoint a Professional Adviser, preferably an architect (but who could be a town planner, in the case of a town planning competition), to prepare the conditions and supervise the conduct of the competition.

Drawing up of the conditions Article  The conditions for international competitions, whether single or two-stage, open or restricted, shall state clearly:

522 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(a) (b) (c)

the purpose of the competition and the intentions of the promoter, the nature of the problem to be solved, all the practical requirements to be met by competitors.

Article  A clear distinction shall be made in the conditions between mandatory requirements of an essential nature and those which permit the competitor freedom of interpretation, which should be as wide as possible. All competition entries shall be submitted in conformity with the regulations.

Article  The necessary background information supplied to competitors (social, economic, technical, geographical, topographical, etc.) must be specific and not open to misinterpretation. Supplementary information and instructions approved by the jury may be issued by the promoter to all competitors selected to proceed to the second stage of a two-stage competition.

Article  The regulations shall state the number, nature, scale and dimensions of the documents, plans or models required and the terms of acceptance of such documents, plans or models. Where an estimate of cost is required, this must be presented in standard form as set out in the regulations.

Article  As a general rule, the promoter of an international competition shall use the metric scale. Where this is not done, the metric equivalent shall be annexed to the conditions.

UIA approval Article  The promoter must obtain the UIA’s written approval of the requirements for a competition – including the timetable, registration fee and membership of the jury – before announcing that it is being held under UIA auspices.

Registration of competitors Article  As soon as they have received details of the competition, competitors shall register with the promoter. Registration implies acceptance of the regulations for the competition.

Article  The promoter shall issue to competitors all the necessary documentation for preparing their designs. Where the furnishing of such documentation is conditional on payment

Recommendations Adopted by the General Conference

523

of a deposit, unless otherwise stated this deposit shall be returned to competitors who submit a bona ﬁde design.

Article  The names of those competitors selected to proceed to the second stage of a two-stage competition shall be made public only under exceptional conditions to be agreed on by the jury before the launching of the competition.

Prize money, compensation and honoraria Article  The regulations for any competition must state the number of prizes and the amount of prize money. This must be related to the size of the project, the amount of work involved for competitors and the resulting expenses incurred by them.

Article  Town planning competitions are, by their nature, ideas competitions, since the work is generally carried out by oﬃcial bodies, frequently on a long-term basis. It is therefore particularly important for the promoter to allot adequate prize money to recompense competitors for their ideas and the work they have done.

Article  The promoter undertakes to accept the decisions of the jury and to pay the prize money within one month of the announcement of the competition results.

Article  Each participant in a competition by invitation shall receive an honorarium in addition to the prizes awarded.

Article  In two-stage competitions, a reasonable honorarium shall be paid to each of the competitors selected to take part in the second stage. This sum, which is intended to reimburse them for the additional work carried out in the second stage, shall be stated in the regulations for the competition and shall be in addition to the prizes awarded.

Article  The regulations shall state the exact use to which the promoter will put the winning design. Designs may not be put to any other use or altered in any way except by agreement with the author.

524 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  In project competitions, the award of ﬁrst prize to a design places the promoter under the obligation to entrust the author of the design with the commission for the project. If the winner is unable to satisfy the jury of his ability to carry out the work, the jury may require him to collaborate with another architect or town planner of his choice approved by the jury and the promoter.

Article  In project competitions, provision shall be made, in the regulations for the competition, for the ﬁrst prize winner to receive as compensation a further sum equal to the amount of the ﬁrst prize if no contract for carrying out the project has been signed within twenty-four months of the announcement of the jury’s award. In so compensating the ﬁrst prize winner, the promoter does not acquire the right to carry out the project except with the collaboration of its author. In ideas competitions the promoter, if he intends to make use of all or part of the winning or any other scheme, shall, wherever possible, consider some form of collaboration with its author.

Article  The terms of collaboration must be acceptable to the latter.

Insurance Article  The promoter shall insure competitors’ designs from the time when he assumes responsibility for them and for the duration of his responsibility. The amount of such insurance will be stated in the regulations.

Copyright and right of ownership Article  The author of any design shall retain the copyright of his work; no alterations may be made without his formal consent.

Article  The design awarded ﬁrst prize can only be used by the promoter upon his commissioning the author to carry out the project. No other design, whether it has been awarded a prize or not, may be used wholly or in part by the promoter except by agreement with the author.

Article  As a general rule, the promoter’s right of ownership on a design covers one execution only. However, the regulations for the competition may provide for repetitive work and specify the terms thereof.

Recommendations Adopted by the General Conference

525

Article  In all cases, unless otherwise stated in the regulations, the author of any design shall retain the right of reproduction.

The jury Article  The jury shall be set up before the opening of the competition. The names of members and reserve members of the jury shall be listed in the regulations for the competition.

Article  As a general rule the members of the jury are appointed by the promoter after approval by the UIA. The UIA shall assist promoters in the selection of jury members.

Article  The jury shall be composed of the smallest reasonable number of persons of diﬀerent nationalities, and in any event should be an odd number and should not exceed seven. The majority of them shall be independent architects, town planners or, in special circumstances, other professionals working in association with them.

Article  At least one member of the jury shall be appointed by the UIA, and this should be stated in the regulations for the competition.

Article  It is essential that all full – i.e. voting – and reserve – i.e. non-voting – members of the jury be present throughout all meetings of the jury.

Article  If a voting jury member misses the ﬁrst meeting, a non-voting member shall acquire his vote for the whole period of adjudication. If, for any reason, a voting jury member has to absent himself for a brief period of time, a non-voting member shall acquire his vote for that period, and any decision taken shall be binding. If a voting jury member is absent for a prolonged period or leaves before the conclusion of the adjudication, his vote shall be acquired by a non-voting member for the remainder of the period of adjudication.

Article  Each member of the jury shall approve the regulations and conditions for the competition before they are made available to competitors.

526 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  No member of the jury for a competition shall take part, either directly or indirectly, in that competition, or be entrusted either directly or indirectly with a commission connected with the carrying out of the object of the competition.

Article  No member of the promoting body, nor any associate or employee, nor any person who has been concerned with the preparation or organization of the competition, shall be eligible to compete or assist a competitor.

Article  The decisions of the jury shall be taken by a majority vote, with a separate vote on each design submitted. In the event of a tied vote, the Chairman shall have the casting vote. The list of awards, as well as the jury’s report to the promoter, shall be signed by all members of the jury before they disperse, and one copy of this document shall be sent to the UIA.

Article  In two-stage competitions, the same jury should judge both stages of the competition. In no case may a competition which has received UIA approval as a single-stage competition proceed to a second stage except with UIA approval of the conditions and the arrangements for payment of honoraria to the competitors involved, over and above the prize money provided for in the original competition. In the event of such a secondary competition taking place, the jury appointed for the original competition must be reappointed by the promoter.

Article  Any drawings, photographs, models or other documents not required under the regulations shall be excluded by the jury before it examines a competitor’s entry.

Article  The jury shall disqualify any design which does not conform to the mandatory requirements, instructions or regulations for the competition.

Article  The jury must make awards. The awards shall be ﬁnal and shall be made public by a date agreed on with UIA and stated in the conditions. The jury, when distributing the awards, shall make full use of the amount set aside for prizes in the competition conditions. In an ideas competition, a ﬁrst prize shall be awarded.

Recommendations Adopted by the General Conference

527

Article  The fees and travel and subsistence expenses of jury members shall be paid by the promoter.

Exhibition of entries Article  All designs, including those disqualiﬁed by the jury, shall be exhibited, as a general rule, for at least two weeks, together with a copy of the signed report of the jury. The exhibition shall be open to the public free of charge.

Article  The promoter shall notify registered competitors in good time of the date and place of the public exhibition and of the results of the competition, and send them a copy of the jury’s report. He shall similarly inform the UIA and all National Sections. Photographs of the prize-winning designs shall be sent to the UIA with a view to possible publication.

Article  In two-stage competitions, designs submitted in the ﬁrst stage shall be kept secret until the ﬁnal results are announced.

Return of designs Article  All drawings and plans, other than those which have received prizes or been purchased and are retained by the promoter, shall be destroyed at the end of the public exhibition, unless provision is made to the contrary in the regulations for the competition. Where models are required, these will be returned to their author at the expense of the promoter within one month of the close of the public exhibition. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its twentieth session, which was held in Paris and declared closed on the twentyeighth day of November 1978. IN FAITH WHEREOF we have appended our signatures The President of the General Conference The Director-General

528 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Revised Recommendation concerning the International Standardization of Educational Statistics adopted by the General Conference of UNESCO at its 20th session, Paris, 27 November 1978 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 24 October to 28 November 1978 at its twentieth session, Considering that Article VIII of the Constitution of the Organization speciﬁes that ‘each Member State shall report periodically to the Organization, in a manner to be determined by the General Conference, on its laws, regulations and statistics relating to educational, scientiﬁc and cultural life and institutions’, Convinced that it is highly desirable that the national authorities responsible for the compilation and reporting of statistics relating to education should be guided by certain standard deﬁnitions, classiﬁcations and tabulations, in order to improve the international comparability of their data, Having adopted for this purpose at its tenth session the Recommendation concerning the International Standardization of Educational Statistics, Aware that the International Standard Classiﬁcation of Education (ISCED) adopted by the International Conference on Education at its thirty-ﬁfth session (Geneva, 27 August – 4 September 1975) established criteria for the harmonization of national educational systems on an international basis, thus permitting a greater comparability of statistics on education, Having decided at its nineteenth session that the 1958 Recommendation should be revised, Adopts, this twenty-seventh day of November 1978, the present revised Recommendation. The General Conference recommends that Member States should, for purposes of international reporting, apply the following provisions regarding definitions, classiﬁcations and tabulations of statistics relating to education, by taking whatever legislative or other steps may be required to give eﬀect, within their respective territories, to the principles and norms formulated in the present revised Recommendation. The General Conference recommends that Member States should bring the present revised Recommendation to the knowledge of authorities and organizations concerned with the compilation and reporting of educational statistics. The General Conference recommends that Member States should report to it, on dates and in a manner to be determined by it, on the action which they have taken to give eﬀect to the present revised Recommendation.

Recommendations Adopted by the General Conference

529

I. Statistics of illiteracy Definitions 1. The following deﬁnitions should be used for statistical purposes: (a) A person is literate who can with understanding both read and write a short simple statement on his everyday life. (b) A person is illiterate who cannot with understanding both read and write a short simple statement on his everyday life. (c) A person is functionally literate who can engage in all those activities in which literacy is required for eﬀective functioning of his group and community and also for enabling him to continue to use reading, writing and calculation for his own and the community’s development. (d) A person is functionally illiterate who cannot engage in all those activities in which literacy is required for eﬀective functioning of his group and community and also for enabling him to continue to use reading, writing and calculation for his own and the community’s development.

Methods of measurement 2. To determine the number of literates (or functional literates) and illiterates (or functional illiterates), any of the following methods could be used: (a) Ask a question or questions pertinent to the deﬁnitions given above, in a complete census or sample survey of the population. (b) Use a standardized test of literacy (or functional literacy) in a special survey. This method could be used to verify data obtained by other means or to correct bias in other returns. (c) When none of the above is possible, prepare estimates based on: (i) special censuses or sample surveys on the extent of school enrolment, (ii) regular school statistics in relation to demographic data, (iii) data on educational attainment of the population.

Classification 3. The population aged 10 years and over should be classiﬁed ﬁrst into two groups: literates and illiterates. Where appropriate, functional illiterates should also be distinguished. 4. Each of these groups should be classiﬁed by sex, and also by age in the following groups: 10–14, 15–19, 20–24, 25–34, 35–44, 45–54, 55–64, 65 years and over. 5. Additional classiﬁcations should be made, where appropriate, for: (a) urban and rural population, (b) such ethnic groups as are usually distinguished within a State for statistical purposes, (c) social groups.

530

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

II. Statistics on the educational attainment of the population Definition 6. The following deﬁnition should be used for statistical purposes. The educational attainment of a person is the highest grade completed and/or the highest level of education attained or completed by the person in the system of regular, special and adult education of his own or some other State.

Methods of measurement 7. To measure the educational attainment of the population, the following methods could be used: (a) Ask a question or questions pertinent to the deﬁnition given above, at a complete census or sample survey of the population. (b) Where this is impossible, prepare estimates based on: (i) data from previous censuses or surveys; (ii) records, over a number of years, of school enrolment, of examination, of school leaving certiﬁcates, and of degrees or diplomas granted.

Classification 8. The population 15 years old and over should be ﬁrst classiﬁed by educational attainment, expressed preferably in terms of highest grade completed, but at the least in terms of level of education attained or completed. Whenever possible, distinction should also be made among diﬀerent ﬁelds of study at each level. 9. Each of these groups should be classiﬁed by sex and also by age in the following groups: 15–19, 20–24, 25–34, 35–44, 45–54, 55–64, 65 years and over. 10. Additional classiﬁcation should be made, where appropriate, for: (a) urban and rural populations, (b) such ethnic groups as are usually distinguished within a State for statistical purposes, (c) social groups.

III. Statistics of enrolment, teachers and educational institutions Definitions 11. The basic statistical unit for which educational data are to be collected is the programme. The programme is deﬁned as follows: A programme is a selection of one or more courses or a combination of courses usually chosen from a syllabus. Such a programme may consist of one or a few

Recommendations Adopted by the General Conference

531

courses in a speciﬁc ﬁeld or, more commonly, of a number of courses most of which will be classiﬁed within a speciﬁc ﬁeld but some of which may be classiﬁed in other ﬁelds. Each programme has an expressed or implied aim, such as qualiﬁcation for more advanced study, qualiﬁcation for an occupation or a range of occupations, or solely an increase in knowledge or understanding. 12. In addition to deﬁnitions contained in the International Standard Classiﬁcation of Education (ISCED), the following deﬁnitions should be used for statistical purposes: (a) A pupil (student) is a person enrolled and/or registered in a programme of education. (b) A teacher is anyone employed, even part time and/or without remuneration, to communicate knowledge, skills, etc.: (i) a full-time teacher is a person engaged in teaching for a number of hours customarily regarded as full time at the particular level of education in each State; (ii) a part-time teacher is one who is not a full-time teacher. (c) A grade is a stage of instruction usually covered in the course of a school year. (d) A class is a group of pupils (students) who are usually instructed together by a teacher or by several teachers. (e) A school (educational institution) is a group of pupils (students) of one or more grades organized to receive instruction of a given type and level under one teacher, or of various types and/or levels under more than one teacher, under the direct supervision of the head of the establishment. (The school or educational institution is often the unit from which statistics may be secured.) (i) A public school is a school operated by a public authority (national, federal, state or provincial, or local), whatever the origin of its ﬁnancial resources. (ii) A private school is a school not operated by a public authority, whether or not it receives ﬁnancial support from such authorities. Private schools may be deﬁned as aided or non-aided, respectively, according as they derive or do not derive ﬁnancial support from public authorities. (f) The compulsory school-age population is the total population between the age limits of compulsory full-time education.

Classification 13. Education should be classiﬁed into the following major sectors: (a) regular education, (b) adult education. 14. Regular and adult education should be further subclassiﬁed to distinguish regular special education and adult special education. 15. Education should be classiﬁed as far as possible by the level-categories and ﬁelds of study of the International Standard Classiﬁcation of Education (ISCED). 16. To the extent possible, adult education should be further subclassiﬁed by ISCED programmes.

532

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Tabulations 17. Regular education Tabulations by ISCED level-categories 0, 1, 2, 3, 5, 6 and 7, and ISCED ﬁelds of study should be made where appropriate for: (a) number of schools by public and private, and number of classes; (b) number of teachers by sex and by qualiﬁcation (according to the practice in each State), classiﬁed, where appropriate, as full-time or part-time teachers; (c) number of pupils by age, sex and grade, classiﬁed, where appropriate, as full-time or part-time pupils; (d) number of pupils by sex who, during the year, obtained diplomas upon completion of this level and stage of education; (e) number of foreign students by sex and country of origin (ISCED levels 5, 6 and 7). 18. Adult education Tabulations by ISCED level-categories, ﬁelds of study and programmes should be made where appropriate for: (a) mode and duration of programmes, and whether formal or non-formal; (b) number of participants, enrolled by sex, and, to the extent possible, by age; (c) number of teachers by sex. 19. Special education Tabulations by ISCED level-categories 0, 1, 2, 3, 5 and 9, regular/adult, and, where appropriate, ISCED ﬁelds of study should be made for: (a) number of schools (educational institutions); (b) number of teachers by sex and by qualiﬁcation (according to the practice in each State); (c) number of pupils (students) by sex, type of handicap, and, to the extent possible, by age. 20. Population data The population 2–24 years of age should be tabulated, by single years of age and by sex, according to the latest available census and current estimates. If this is not possible, census data and current estimates should be reported at least for the age groups 2–4, 5–9, 10–14, 15–19 and 20–24 years, and separately for the compulsory school-age population.

IV. Statistics of educational ﬁnance Definitions 21. The following deﬁnitions should be used for statistical purposes: (a) Receipts refer to cash received by, or made available to or for, schools, including appropriations, subventions, fees, cash value of property received as gifts, etc. (b) Expenditures refer to ﬁnancial charges incurred by, or on behalf of, schools for goods and services.

Recommendations Adopted by the General Conference

(c) (d) (e)

533

Current expenditures include all expenditures except those for capital outlay and debt services. Capital expenditures refer to expenditures for land, buildings, equipment, etc. Loan transactions refers to the payment of interest and the repayment of the principals of loans.

Classiﬁcation 22. Statistical data on educational ﬁnances, for a given ﬁscal year, should, as far as possible, be classiﬁed as follows: (a) Receipts: (i) from public authorities, such as: central government or federal government; provincial, state or similar governments; county, city, district, or other local authorities; (ii) from other sources (including tuition fees, other receipts from parents, endowments, etc.). (b) Expenditures: (i) current expenditures (not including payments of interest): for administration or general control; for instruction, classiﬁed where possible as follows: salaries to teachers and other directly supportive professional staﬀ, other instructional expenditures; all other current expenditures; (ii) capital expenditures (not including debt service): instructional, noninstructional (residence halls, cafeterias, bookstores, etc.); (iii) loan transactions.

Tabulations 23. Tabulations should be made of receipts by source, and expenditures by purpose, with subclassiﬁcations corresponding as nearly as possible to the classiﬁcations given in paragraphs 13 to 15 and in paragraph 22 of the present Recommendation, consistent with the administrative and ﬁnancial practices in each State. If possible, distinction should be made between expenditures for public and private schools, between expenditures for instruction and other accounts, and between expenditures for education at the third level and education at other levels. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its twentieth session, which was held in Paris and declared closed the twenty-eighth day of November 1978. IN FAITH WHEREOF, we have appended our signatures. The President of the General Conference The Director-General

534

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Recommendation concerning the International Standardization of Statistics on Science and Technology adopted by the General Conference of UNESCO at its 20th session, Paris, 27 November 1978 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 24 October to 28 November 1978, at its twentieth session, Considering that, by virtue of Article IV, paragraph 4 of the Constitution, it is for the Organization to draw up and adopt instruments for the international regulation of questions falling within its competence, Considering that Article VIII of the Constitution provides, inter alia, that each Member State shall report to the Organization, at intervals and in a manner to be determined by the General Conference, on its laws, regulations and statistics relating to educational, scientiﬁc and cultural life and institutions, Convinced that it is highly desirable for the national authorities responsible for collecting and communicating statistics relating to science and technology to be guided by certain standards in the matter of deﬁnitions, classiﬁcations and presentation, in order to improve the international comparability of such statistics, Recognizing that the eﬀorts made by Member States to develop science and technology will contribute to strengthening peace and security in the world, Convinced that cooperation in this ﬁeld would also advance economic and social progress, Having before it, as item 34 of the agenda of the session, proposals concerning the international standardization of statistics relating to science and technology, Having decided at its nineteenth session that this question should be made the subject of an international regulation, to take the form of a recommendation to Member States within the meaning of Article IV, paragraph 4, of the Constitution, Adopts the present Recommendation this twenty-seventh day of November 1978. The General Conference recommends that Member States should apply the following provisions concerning international standardization of statistics relating to science and technology, by taking whatever legislative measures or other steps may be required, in conformity with the constitutional practice of each State, to give eﬀect, within their respective territories, to the standards and principles formulated in this Recommendation. The General Conference recommends that Member States bring this Recommendation to the attention of authorities and services responsible for collecting and communicating statistics relating to science and technology.

Recommendations Adopted by the General Conference

535

The General Conference recommends that Member States forward to it, by the dates and in the form which it shall prescribe, reports concerning action taken by them upon this Recommendation.

I. Scope and deﬁnitions Scope 1. This Recommendation relates to statistics designed to provide standardized information in each Member State on certain scientiﬁc and technological (S&T) activities, and particularly on research and experimental development (R&D). These statistics should cover all national institutions that perform or ﬁnance such activities.

Definitions 2. In compiling the statistics covered by this Recommendation, the following deﬁnitions should be used: 2.1 Scientiﬁc and technological activities (STA): systematic activities which are closely concerned with the generation, advancement, dissemination, and application of scientiﬁc and technical knowledge in all ﬁelds of science and technology. These include such activities as R&D, scientiﬁc and technological education and training (STET), and the scientiﬁc and technological services (STS), deﬁned in paragraphs (a) to (c) below. (a) Research and experimental development: any systematic and creative work undertaken in order to increase the stock of knowledge, including knowledge of man, culture and society, and the use of this knowledge to devise new applications. In most ﬁelds, several categories may be distinguished: (aa) Scientiﬁc research activities: any systematic and creative activities aimed at increasing the stock of scientiﬁc knowledge and applying it in practice. Scientiﬁc research activities in the natural sciences, technology, and the medical and agricultural sciences: Any systematic and creative activities designed to ascertain the links between, and the nature of, natural phenomena, to generate knowledge of the laws of nature, and to contribute to the practical application of this knowledge of laws, forces and substances. Scientiﬁc research activities in the social sciences and humanities: Any systematic and creative activity aimed at increasing or improving knowledge of man, culture and society, including use of such knowledge for the solution of social and human problems. In most ﬁelds of science, research may be classiﬁed as either fundamental or applied: (i) Fundamental research: experimental or theoretical work undertaken primarily to acquire new knowledge of the underlying foundations of phenomena and observable facts, without any particular or speciﬁc application or use in view.

536

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(ii)

(b)

(c)

Applied research: original investigation undertaken in order to acquire new knowledge. It is, however, directed primarily towards a speciﬁc practical aim or objective. (bb) Experimental development: systematic work, drawing on existing knowledge gained from research and/or practical experience that is directed to producing new materials, products and devices, to installing new processes, systems and services, and to improving substantially those already produced or installed. S&T education and training (STET) at broadly the third level: all activities comprising specialized non-university higher education and training, higher education and training leading to a university degree, postgraduate and further training, and organized lifelong training for scientists and engineers. These activities correspond broadly to ISCED levels 5, 6 and 7. Scientiﬁc and technological services (STS): activities concerned with research and experimental development, and contributing to the generation, dissemination and application of scientiﬁc and technical knowledge: (i) S&T services provided by libraries, archives, information and documentation centres, reference departments, scientiﬁc congress centres, data banks and information-processing departments; (ii) S&T services provided by museums of science and/or technology, botanical and zoological gardens, and other S&T collections (anthropological, archaeological, geological, etc.); (iii) systematic work on the translation and editing of S&T books and periodicals (with the exception of textbooks for school and university courses); (iv) topographical, geological and hydrological surveying; routine astronomical, meteorological and seismological observations; surveying of soils and of plants, ﬁsh and wildlife resources; routine soil, atmosphere and water testing; the routine checking and monitoring of radioactivity levels; (v) prospecting and related activities designed to locate and identify oil and mineral resources; (vi) the gathering of information on human, social, economic and cultural phenomena, usually for the purpose of compiling routine statistics, e.g.: population censuses; production, distribution and consumption statistics; market studies; social and cultural statistics, etc.; (vii) testing, standardization, metrology and quality control: regular routine work on the analysis, checking and testing, by recognized methods, of materials, products, devices and processes, together with the setting up and maintenance of standards and standards of measurement; (viii) regular routine work on the counselling of clients, other sections of an organization or independent users, designed to help them to make use of scientiﬁc, technological and management information; this activity also includes extension and advisory services organized by the State for farmers and for industry, but does not include the normal activities of project planning or engineering oﬃces;

Recommendations Adopted by the General Conference

537

(ix) activities relating to patents and licences: systematic work of a scientiﬁc, legal and administrative nature on patents and licences carried out by public bodies. 2.2 Scientiﬁc and technical personnel: the total number of people participating directly in S&T activities in an institution or unit and, as a rule, paid for their services. This group should include scientists and engineers, and technicians (SET) and auxiliary personnel, as deﬁned in paragraph 4(a) below. (a) Full-time scientiﬁc and technical personnel (FT): personnel who devote almost all their working time to S&T activities. (b) Part-time scientiﬁc and technical personnel (PT): personnel whose working time is shared between S&T and other activities. (c) Full-time equivalent (FTE): measurement unit representing one person working full-time for a given period; this unit is used to convert ﬁgures relating to the number of part-time workers into the equivalent number of full-time workers. Data concerning personnel should normally be calculated in FTE, especially in the case of scientists and engineers and of technicians. 2.3 Reference year: period of twelve consecutive months to which the statistical data relate. When this period carries over from one calendar year to the next, the year in which the period started is to be taken as the reference year. 2.4 Annual expenditure: funds actually expended during the reference year for the performance of S&T activities. (a) Intramural expenditure: all payments actually made during a reference year for the performance of S&T activities within a given unit, institution or sector of performance. (b) Extramural expenditure: all payments actually made during a reference year for the performance of S&T activities outside a particular unit, institution or sector of performance, including payments made outside the national economic territory. (c) Total domestic expenditure on S&T activities: all expenditure made for this purpose in the course of a reference year in institutions and installations established in the national territory, as well as installations physically situated abroad: land or experimental facilities rented or owned abroad, and ships, vehicles, aircraft and satellites used by national institutions. Amounts spent on S&T activities carried out by international organizations established in the country in question are excluded from this total. 2.5 Institutions carrying out S&T activities: any institution engaged in S&T activities on a permanent and organized basis. The term ‘institution’ should be taken as covering a very broad range of entities having legal, ﬁnancial, economic, social or political status, such as establishments, enterprises, bodies, organizations, institutes, academies, associations, departments,, ministries, centres, laboratories, etc. 2.6 Sector of performance: sector of the national economy comprising a signiﬁcant number of institutions carrying out S&T activities (as deﬁned in paragraph 2.5) that present a

538 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

certain degree of homogeneity with respect to the principal function or service provided irrespective of source of funds, the authority to which such institutions are responsible or the category of STA being carried out. According to these criteria, three major sectors of performance can be distinguished: the productive sector, the higher education sector and the general service sector. 2.7 Fields of activity: branches of economic activity and ﬁelds of science and technology in which R&D and other S&T activities are carried out. 2.8 Categories of activities: speciﬁc types of endeavours that comprise S&T activities such as R&D, S&T education and training (STET), STS, described in paragraphs 2.1(a), 2.1(b) and 2.1(c).

II. Classiﬁcation of data 3. The human and ﬁnancial resources devoted to S&T activities should be classiﬁed: (a) By category and subcategory of such activities: (i) research and experimental development, (ii) S&T education and training at broadly the third level (STET), (iii) scientiﬁc and technological services (as listed in 2.1(c) (i) to (ix)). (b) By sector of performance: (i) Productive sector comprising: domestic and foreign industrial and trading enterprises situated within the country which produce and distribute goods and services for sale, and institutions directly serving them with or without contract, whatever their form of ownership (public and private). The S&T activities of these enterprises and institutions closely linked to production are known as ‘S&T activities integrated with production’; governmental, nongovernmental and non-proﬁt institutions, most or all of whose S&T activities indirectly serve one or more of the categories or classes of activities with a two- or three-digit classiﬁcation in the ISIC. The S&T activities of these institutions which are only indirectly linked to production are known as ‘S&T activities not integrated with production.’ In countries with a centralized economy, R&D institutes attached to the ministries responsible for the diﬀerent branches of the national economy should be classiﬁed in this category of institutions. (ii) Higher education sector, comprising: establishments of education at the third level which require as a minimum condition of admission successful completion of education at the second level or evidence of the attainment of an equivalent level of knowledge, together with research institutes, experimental stations, hospitals and other S&T institutions serving such establishments and directly administered by or associated with them. (iii) General service sector, comprising: bodies, departments and establishments subordinate to the central, state (in federal systems), provincial, district or county, municipal, town or village authorities that serve the community as a whole and provide a wide range of services such as administration,

Recommendations Adopted by the General Conference

(c)

539

maintenance and regulation of public order, public health, culture, social services, promotion of economic growth, welfare and technical progress, etc.; institutions such as national scientiﬁc research and technology councils, academies of sciences, professional scientiﬁc organizations and other institutions which serve the whole of the community; institutions whose S&T activities (including R&D) are carried out for the general beneﬁt of agriculture, industry, transport and communications, building and public works or the public electricity, gas and water services – i.e. activities classiﬁed under a single-digit reference in the ISIC. By ﬁelds of science and technology in which institutions belonging to the higher education and general service sectors carry out S&T activities and, in particular, R&D: (i) Natural sciences, including: astronomy, bacteriology, biochemistry, biology, botany, chemistry, computer sciences, entomology, geology, geophysics, mathematics, meteorology, mineralogy, physical geography, physics, zoology, other allied subjects. (ii) Engineering and technology, including: engineering proper, such as chemical, civil, electrical, and mechanical engineering, and specialized subdivisions of these; forest products; applied sciences such as geodesy, industrial chemistry, etc.; architecture; the science and technology of food production; specialized technologies or interdisciplinary ﬁelds, e.g. systems analysis, metallurgy, mining, textile technology, other allied subjects. (iii) Medical sciences, including: anatomy, dentistry, medicine, nursing, obstetrics, optometry, osteopathy, pharmacy, physiotherapy, public health, other allied subjects. (iv) Agricultural sciences, including: agronomy, animal husbandry, ﬁsheries, forestry, horticulture, veterinary medicine, other allied subjects. (v) Social sciences and humanities, comprising: Group I – Social sciences, including: anthropology (social and cultural) and ethnology, demography, economics, education and training, geography (human, economic and social), law, linguistics (excluding language studies based on set texts, which should be classiﬁed in Group II under ‘Ancient and modern languages and literature’), management, political sciences, psychology, sociology, organization and methods, miscellaneous social sciences, and interdisciplinary, methodological and historical S&T activities relating to subjects in this group; physical anthropology, physical geography and psychophysiology should normally be classiﬁed with the natural sciences. Group II – Humanities, including: arts (history of the arts and art criticism, excluding artistic ‘research’ of any kind), languages (ancient and modern languages and literature), philosophy (including the history of science and technology), prehistory and history, together with auxiliary historical disciplines such as archaeology, numismatics, palaeography, etc., religion, other ﬁelds and subjects pertaining

540

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(d)

to the humanities and interdisciplinary, methodological, historical and other S&T activities relating to the subjects in this group. By branch of economic activity for institutions belonging to the productive sector, in accordance with the ‘International Standard Industrial Classiﬁcation of all Economic Activities’ (ISIC). Speciﬁc industry groupings at single and selected double-digit ISIC levels from the following major divisions should be included: (i) agriculture, forestry, hunting and ﬁshing (ISIC: 1), (ii) extracting industries (ISIC: 2), (iii) manufacturing industries (ISIC: 3), (iv) construction (ISIC: 5), (v) transport, storage and communication (ISIC: 7), (vi) other (ISIC: 4, 6, 8 and part of 9).

4. The personnel of S&T institutions should also be classiﬁed: (a) By the work they are engaged in and their qualiﬁcations: (aa) Scientists and engineers, comprising persons working in those capacities, i.e. as persons with scientific or technical training who are engaged in professional work on S&T activities, administrators and other high-level personnel who direct the execution of S&T activities. Such personnel should be classiﬁed in this category if they have either: (i) completed education at the third level leading to an academic degree; or (ii) received third-level non-university education (or training) not leading to an academic degree but nationally recognized as qualifying for a professional career; or (iii) received training, or acquired professional experience, that is nationally recognized as being equivalent to one of the two preceding types of training (e.g. membership of a professional association or the holding of a professional certiﬁcate or licence). (bb) Technicians, comprising persons engaged in that capacity in S&T activities who have received vocational or technical training in any branch of knowledge or technology, in accordance with the following criteria: (i) that they have completed the second stage of second-level education; these studies are in many cases followed by one or two years’ specialized technical studies, which may or may not lead to a diploma; (ii) that they have received three or four years’ vocational or technical education (whether leading to a diploma or not) following completion of the ﬁrst stage of second-level education; (iii) that they have received on-the-job training (or acquired professional experience) that is nationally recognized as being equivalent to the levels of education deﬁned under (i) or (ii) above. (cc) Auxiliary personnel, comprising persons whose work is directly associated with the performance of S&T activities, i.e. clerical, secretarial and administrative personnel, skilled, semi-skilled and unskilled workers in the various trades and all other auxiliary personnel.

Recommendations Adopted by the General Conference

(b)

541

By level of education and by ﬁeld of study, determined in accordance with ISCED (International Standard Classiﬁcation of Education) for classifying personnel in the (aa) and (bb) categories: (i) By level of education: (aa) holders of third-level degrees of university type (ISCED: 6–7); (bb) holders of third-level diplomas of non-university type (ISCED: 5); (cc) holders of diplomas at the second level, second stage (ISCED: 3); (dd) other qualiﬁcations (ISCED: 1, 2, 9). (ii) By ﬁeld of study: Fields of science and technology should be correlated with the classiﬁcation of ﬁelds of study in ISCED, as follows:

Fields of science and technology

Main ﬁelds of study in ISCED

Natural sciences

42. Natural science programmes 46. Mathematics and computer science programmes

Engineering and technology

52. 54. 58. 70.

Medical sciences

50. Medical and health programmes

Agricultural sciences

62. Agriculture, forestry and ﬁshery programmes

Social sciences and humanities

14. 18. 22. 26. 30. 34. 38. 66. 84.

Teacher training and education science programmes Fine and applied arts programmes Humanities programmes Religion and theology programmes Social and behavioural science programmes Commercial and business administration programmes Law and jurisprudence programmes Home economics (domestic science) programmes Programmes in mass communication and documentation

Other ﬁelds

01. 08. 78. 89.

General programmes Literacy programmes Service trades programmes Other programmes

Trade, craft and industrial programmes (n. e. c. ) Engineering programmes Architectural and town-planning programmes Transport and communications programmes

542

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(c) (d) (e) (f) (g)

By occupation, in accordance with the ISCO (ILO-1968). By number (in FT and PT), for personnel in category (aa). By nationality, for personnel in categories (aa) and (bb) (merely showing nationals separately from non-nationals). By sex, for personnel in categories (aa), (bb) and (cc). By age, for personnel in categories (aa) and (bb), separating them into the following age groups: for category (aa): less than 30, 30–39, 40–49, 50–59, 60 and over; for category (bb): less than 30, 30–39, 40–49, 50–59, 60 and over.

5. Each type of national S&T human resources, i.e. scientists and engineers and technicians, should be assessed in accordance with the following two criteria; if only one is to be used, criterion (b) is preferable: (a) Total stock of SET, comprising the total number of persons with the necessary qualiﬁcations for personnel in categories (aa) and (bb), regardless of economic activity (production, S&T activities, the professions, no gainful employment, etc.), age, sex, nationality or other characteristic. (b) Number of economically active SET, comprising the total number of persons with the necessary qualiﬁcations for personnel in categories (aa) and (bb) who are engaged in, or actively seeking work in, some branch of the economy at a given reference date. 6. Intramural expenditure on S&T activities should be classiﬁed: (a) By type of expenditure: (i) Current intramural expenditure, comprising all payments made during the reference year for the performance of S&T activities within units, institutions or sectors of performance, whatever the source or origin of funds, covering the cost of labour, minor equipment and expendable supplies and other current expenses, i.e.: • labour costs, comprising wages and salaries, paid in cash or in kind, and all related labour costs, including ‘fringe beneﬁts’ such as bonuses, paid holidays, contributions to pension funds and compulsory social security systems, payroll taxes, etc.; as far as possible, the cost of personnel in category (aa) should be shown separately from the cost of other personnel; • other current costs, comprising all other current intramural expenditure such as expenditures on oﬃce and laboratory supplies, materials, subscriptions to journals, books, rental of buildings, maintenance, computer services, travel and postal services. (ii) Intramural capital expenditure, comprising all payments made during the reference year for the performance of S&T activities and relating to expenditure on major equipment and other capital expenditure. All reserves for depreciation, whether actual or imputed, should be excluded from international statistics on expenditure. Nevertheless, countries that are in a position to furnish such information may do so if they wish. This expenditure comprises: • expenditure on major equipment, comprising the purchase of major installations, machinery and equipment; expenditure on the purchase of

Recommendations Adopted by the General Conference

(b)

(c)

543

complete libraries, large collections of books, periodicals, specimens, etc., should be included under this heading, especially when made at the time of equipping a new institution; even if made at any other time, however, purchases of this type could still be shown under capital expenditure; • other capital expenditure, comprising the purchase of land (for building or for testing purposes) and animals (where the unit cost or quantity purchased make it appropriate to include the expenditure in this category) and expenditure on new buildings or large-scale improvements, modiﬁcations and repairs to buildings and ﬁxed installations, land-improvement work and other expenditure. By source of funds: (i) Government funds: This category should include funds provided by the central (federal) State or local authorities and originating from the ordinary or extraordinary budget or from extra-budgetary sources. It also covers funds received from public intermediary institutions established and wholly ﬁnanced by the State. (ii) Productive enterprise funds and special funds: This category should include funds allocated to S&T activities by institutions classiﬁed in the productive sector as productive establishments or enterprises and all sums received from the ‘Technical and Economic Progress Fund’, in countries with a centralized economy, and other similar funds. (iii) Foreign funds: This category should include funds received from abroad for national S&T activities, including funds received from international organizations, foreign governments or institutions. (iv) Other funds: This category should include funds that cannot be classiﬁed under any of the preceding headings, e.g. ‘own funds’ of establishments in the higher education sector, endowments and gifts. By category, for expenditure on R&D: (i) fundamental research, (ii) applied research, (iii) experimental development.

7. National activities in R&D and STS should be classiﬁed by major socio-economic aims or objectives as listed below, on the basis of funding (ex ante) or expenditure (ex post) ﬁnanced from public funds and, if possible, from all other sources of funds: (i) exploration and assessment of the Earth, the seas and the atmosphere; (ii) civil space; (iii) development of agriculture, forestry and ﬁshing; (iv) promotion of industrial development; (v) production, conservation and distribution of energy; (vi) development of transport and communication (vii) development of education services; (viii) development of health services; (ix) social development and socio-economic services; (x) protection of the environment;

544 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(xi) general advancement of knowledge; (xii) other aims; (xiii) defence. 8. Basic statistical units: if possible, the basic statistical unit selected to measure the performance of S&T activities should be an establishment-type unit; for example, industrial establishments, research institutes, governmental units and institutes or departments of universities.

III. Presentation of statistical data 9. The statistics covered by this Recommendation should be presented in accordance with the deﬁnitions and classiﬁcations set out therein.

Levels of detail 10. In view of the fact that the statistical systems of Member States are not all at the same stage of development, the data should be presented at two levels of detail or complexity depending on the information available in Member States: (a) First level of detail: a limited quantity of basic information that is indispensable for establishing international comparisons and that should, if possible, be compiled by all Member States. (b) Second level of detail: fuller statistical data, which not all Member States are able to provide but which, taken as a whole, could constitute a guide for those that wish to improve and enlarge their national statistical systems.

Periodicity 11. The basic international statistics should be updated biennially. It would be desirable for Member States that can do so to update certain data annually so that variations in their R&D eﬀort can be seen. Figures for the stock of SET and/or number of economically active SET should be compiled twice during each ten-year period.

Stages for the extension of S&T statistics 12. The compilation of international S&T statistics should be developed in two successive stages, the transition from the ﬁrst stage to the second being accomplished gradually on the basis of the state of progress of national and international experience. The ﬁrst stage should cover a period of at least ﬁve years starting from the time the General Conference adopts this Recommendation. The second stage should be regarded as being of an experimental nature. (a) First stage: During this stage, i.e. during the years immediately following the adoption of this Recommendation, international statistics should cover only R&D activities in all sectors of performance, together with the stock of SET

Recommendations Adopted by the General Conference

545

and/or the economically active SET. If, of the last two, only one is collected it should preferably be the latter one. Second stage: Before going on to the second stage, it would be advisable for Member States to ascertain through the UNESCO Secretariat that a suﬃciently large number of them are in a position, on the basis of international experience and their own work, to extend statistical observation to the STS and Scientiﬁc and Technological Education, and Training at broadly the third level (STET) involved in this stage. During this stage, the international statistics should be extended to cover STS and STET carried out in institutions in which R&D activities are performed and should be shown either in consolidated form or by STET and by type of STS, depending on the country’s capabilities. First an evaluation should be made of STS and STET in all sectors of performance, with the exception of integrated units in the productive sector. Subsequently, the international statistics relating to STS and STET should be progressively extended to the integrated units in the productive sector and to institutions in all sectors of performance that do not carry out R&D but provide STS and STET in an institutionalized and structured manner. These statistics should be broken down by STET and by type of STS.

(b)

13. The information furnished by the statistics of science and technology should be presented with the periodicity and level of detail shown below:

FIRST STAGE Periodicity (if other than biennial)

Level of detail

* *

1 2

Annual Annual

Annual

Indicators

a. Stock and/or economically active SET 1. Number of SET by sex, nationality and occupation 2. Number of S&E by ﬁeld of qualiﬁcation

2 2

b. R&D activities (i) R&D personnel 1. Personnel by category (S&E, T, auxiliaries) 2. S&E by ﬁeld of qualiﬁcation 3. Personnel by sector of performance 4. S&E (in FT and PT) by ﬁeld of qualiﬁcation; and by sector of performance and ﬁeld of activity 5. SET by category and nationality 6. SET by sex and age

1 2

(ii) Intramural expenditure on R&D 1. Total expenditure by sector of performance 2. Total and current expenditure by sector of performance

1 2 1 2

546 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

FIRST STAGE Periodicity (if other than biennial)

Annual

Level of detail

1 2 2 2 2

Annual Annual

1 2 2

2 2

Indicators

(ii) Intramural expenditure on R&D 1. Total expenditure by sector of performance 2. Total and current expenditure by sector of performance 3. Current and capital expenditure, in detail, by sector of performance 4. Current expenditure by type of R&D, sector of performance and ﬁeld of activity 5. Current expenditure on S&E personnel by sector of performance (iii) Financing of intramural R&D expenditure 1. Total expenditure by source of funds 2. Total and current expenditure by source of funds and sector of performance 3. Total expenditure by source of funds, sector of performance and ﬁeld of activity c. Other classiﬁcations relating to R&D Major socio-economic aims 1. Funding (ex-ante) or expenditure (ex-post) ﬁnanced from public funds, by major socio-economic aim 2. Funding (ex-ante) or expenditure (ex-post) ﬁnanced from all sources, by major socio-economic aim.

* Twice during each ten-year period.

SECOND STAGE Periodicity (if other than biennial)

Level of detail

1 1 2 2 2 2

Indicators

a. STS in R&D institutions (with the exception of R&D units integrated in the productive sector) (i) STS personnel 1. Personnel by category (S&E, T, auxiliaries) 2. Personnel by sector of performance 3. Personnel by sector of performance and ﬁeld of activity 4. Personnel by type of STS 5. S&E (in FT and PT) by ﬁeld of qualiﬁcation; and by sector of performance and ﬁeld of activity 6. SET by sex, age and nationality (ii) Intramural expenditure on STS

Recommendations Adopted by the General Conference

547

SECOND STAGE Periodicity (if other than biennial)

Level of detail

1 2 2 2 2

1 2 2

2 2

Indicators

(ii) Intramural expenditure on STS 1. Total expenditure by sector of performance 2. Current and capital expenditure by sector of performance 3. Total and current expenditure by sector of performance and type of STS 4. Current expenditure by type of STS, sector of performance and ﬁeld of activity 5. Current and capital expenditure, in detail, by sector of performance (iii) Financing of intramural expenditure on STS 1. Total expenditure by source of funds 2. Total and current expenditure by source of funds and sector of performance 3. Total expenditure by source of funds, sector of performance and ﬁeld of activity b. Other classiﬁcations relating to STS Major socio-economic aims 1. Funding (ex-ante) or expenditure (ex-post) ﬁnanced from public funds by major socio-economic aim 2. Funding (ex-ante) or expenditure (ex-post) ﬁnanced from all sources by major socio-economic aim

IV. Long-term development of science and technology statistics 14. In order to set themselves goals to aim at in the gradual development of science and technology statistics, Member States should further certain statistical work already under way which should provide a better understanding of present problems in this ﬁeld of statistics and help to resolve them. Their eﬀorts should be concentrated on the following items, though these are not set out in any intended order of priority: (a) development of coordination between science and technology statistics and economic and social statistics, and especially with national accounting systems including the Material Product System; (b) development of classiﬁcations for ﬁnancial resources devoted to R&D, in terms of appropriations and expenditure (ex ante and ex post analyses) by main national socio-economic aims; (c) indicators for the ‘production’ or ‘output’ of S&T activities, especially R&D; (d) indicators of the statistical and accounting aspects of technology transfer processes;

548 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(e) (f) (g) (h)

preparation of speciﬁc price indexes and exchange rates to serve as suitable deﬂators for expenditure on S&T activities, and especially on R&D; measurement and classiﬁcation of S&T equipment and installations for R&D activities; studies of the eﬀects of ﬁscal systems on expenditure for S&T activities; classiﬁcation of S&T personnel by occupation and professional status.

The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its twentieth session, which was held in Paris and declared closed, the twenty-eighth day of November 1978. IN FAITH WHEREOF, we have appended our signatures. The President of the General Conference The Director-General

Recommendations Adopted by the General Conference

549

Recommendation for the Protection of Movable Cultural Property adopted by the General Conference of UNESCO at its 20th session, Paris, 28 November 1978 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 24 October to 28 November 1978, at its twentieth session, Noting the great interest in cultural property now ﬁnding expression throughout the world in the creation of numerous museums and similar institutions, the growing number of exhibitions, the constantly increasing ﬂow of visitors to collections, monuments and archaeological sites, and the intensiﬁcation of cultural exchanges, Considering that this is a very positive development which should be encouraged, in particular by applying the measures advocated in the Recommendation concerning the International Exchange of Cultural Property adopted by the General Conference at its nineteenth session in 1976, Considering that the growing desire of the public to know and appreciate the wealth of the cultural heritage, of whatever origin, has nevertheless led to an increase in all the dangers to which cultural property is exposed as a result of particularly easy access or inadequate protection, the risks inherent in transport, and the recrudescence, in some countries, of clandestine excavations, thefts, illicit traﬃc and acts of vandalism, Noting that because of this aggravation of the risks, but also as a consequence of the increase in the market value of cultural items, the cost of comprehensive insurance in countries where there is no adequate system of governmental guarantees is beyond the means of most museums and is a deﬁnite impediment to the organization of international exhibitions and other exchanges between diﬀerent countries, Considering that movable cultural property representing the diﬀerent cultures forms part of the common heritage of mankind and that every State is therefore morally responsible to the international community as a whole for its safeguarding, Considering that States should accordingly intensify and give general eﬀect to such measures for the prevention and management of risks as will ensure the eﬀective protection of movable cultural property and, at the same time, reduce the cost of covering the risks incurred, Wishing to supplement and extend the scope of the norms and principles laid down in this respect by the General Conference, in particular in the Convention for the Protection of Cultural Property in the Event of Armed Conﬂict (1954), the Recommendation on International Principles Applicable to Archaeological Excavations (1956), the Recommendation on the Most Eﬀective Means of Rendering Museums Accessible to Everyone (1960), the Recommendation on the Means of Prohibiting and Preventing

550 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

the Illicit Export, Import and Transfer of Ownership of Cultural Property (1964), the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970), the Recommendation concerning the Protection, at National Level, of the Cultural and Natural Heritage (1972), the Convention concerning the Protection of the World Cultural and Natural Heritage (1972) and the Recommendation concerning the International Exchange of Cultural Property (1976), Having before it proposals concerning the protection of movable cultural property, Having decided, at its nineteenth session, that this question should take the form of a recommendation to Member States, Adopts, this twenty-eighth day of November 1978, the present Recommendation. The General Conference recommends that Member States apply the following provisions by taking whatever legislative or other steps may be required, in conformity with the constitutional system or practice of each State, to give eﬀect within their respective territories to the principles and norms formulated in this Recommendation. The General Conference recommends that Member States bring this Recommendation to the attention of the appropriate authorities and bodies. The General Conference recommends that Member States submit to it, by dates and in the form to be decided upon by the Conference, reports concerning the action taken by them in pursuance of this Recommendation.

I. Deﬁnitions 1. For the purposes of this Recommendation: (a) ‘movable cultural property’ shall be taken to mean all movable objects which are the expression and testimony of human creation or of the evolution of nature and which are of archaeological, historical, artistic, scientiﬁc or technical value and interest, including items in the following categories: (i) products of archaeological exploration and excavations conducted on land and under water; (ii) antiquities such as tools, pottery, inscriptions, coins, seals, jewellery, weapons and funerary remains, including mummies; (iii) items resulting from the dismemberment of historical monuments; (iv) material of anthropological and ethnological interest; (v) items relating to history, including the history of science and technology and military and social history, to the life of peoples and national leaders, thinkers, scientists and artists, and to events of national importance; (vi) items of artistic interest, such as: paintings and drawings, produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand); original prints, and posters and photographs, as the media for original creativity; original artistic

Recommendations Adopted by the General Conference

(b)

551

assemblages and montages in any material; works of statuary art and sculpture in any material; works of applied art in such materials as glass, ceramics, metal, wood, etc.; (vii) manuscripts and incunabula, codices, books, documents or publications of special interest; (viii) items of numismatic (medals and coins) and philatelic interest; (ix) archives, including textual records, maps and other cartographic materials, photographs, cinematographic ﬁlms, sound recordings and machinereadable records; (x) items of furniture, tapestries, carpets, dress and musical instruments; (xi) zoological, botanical and geological specimens; ‘protection’ shall be taken to mean the prevention and coverage of risks as deﬁned below: (i) ‘prevention of risks’ means all the measures required, within a comprehensive protection system, to safeguard movable cultural property from every risk to which such property may be exposed, including those resulting from armed conﬂict, riots or other public disorders; (ii) ‘risk coverage’ means the guarantee of indemniﬁcation in the case of damage to, deterioration, alteration or loss of movable cultural property resulting from any risk whatsoever, including risks incurred as a result of armed conﬂict, riots or other public disorders whether such coverage is eﬀected through a system of governmental guarantees and indemnities, through the partial assumption of the risks by the State under a deductible or excess loss arrangement, through commercial or national insurance, or through mutual insurance arrangements.

2. Each Member State should adopt whatever criteria it deems most suitable for deﬁning the items of movable cultural property within its territory which should be given the protection envisaged in this Recommendation by reason of their archaeological, historical, artistic, scientiﬁc or technical value.

II. General principles 3. The movable cultural property thus deﬁned includes objects belonging either to the State or public bodies or to private bodies or individuals. Since all this property constitutes an important element of the cultural heritage of the nations concerned, the prevention and coverage of the various risks, such as damage, deterioration and loss, should be considered as a whole, even though the solutions adopted may vary from case to case. 4. The growing perils which threaten the movable cultural heritage should incite all those responsible for protecting it, in whatever capacity, to play their part: staﬀ of national and local administrations in charge of safeguarding cultural property, administrators and curators of museums and similar institutions, private owners and those responsible for religious buildings, art and antique dealers, security experts, services responsible for the suppression of crime, customs oﬃcials and the other public authorities involved.

552 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

5. The cooperation of the public is essential for truly eﬀective protection. The public and private bodies responsible for information and teaching should strive to instil general awareness of the importance of cultural property, the dangers to which it is exposed, and the need to safeguard it. 6. Cultural property is liable to deterioration as a result of poor conditions of storage, exhibition, transport and environment (unfavourable lighting, temperature or humidity, atmospheric pollution), which in the long run may have more serious eﬀects than accidental damage or occasional vandalism. Suitable environmental conditions should consequently be maintained in order to ensure the material security of cultural property. The responsible specialists should include in the inventories data on the physical state of the objects and recommendations concerning the requisite environmental conditions. 7. The prevention of risks also calls for the development of conservation techniques and restoration workshops and the installation of eﬀective protection systems in museums and other institutions possessing collections of movable cultural property. Each Member State should endeavour to ensure that the most suitable measures are taken in accordance with local circumstances. 8. Oﬀences concerning works of art and other cultural property are increasing in some countries, most frequently being linked to fraudulent transfers across frontiers. Thefts and plunder are organized systematically and on a large scale. Acts of vandalism are also increasing. To combat these forms of criminal activity, be they of an organized nature or the action of individuals, strict control measures are necessary. Since fakes can be used for theft or the fraudulent transformation of authentic objects, measures must also be taken to prevent their circulation. 9. Protection and the prevention of risks are much more important than compensation in the event of damage or loss, since the essential purpose is to preserve the cultural heritage, not to replace by sums of money objects which are irreplaceable. 10. Because of the considerable increase in the risks resulting during transport and temporary exhibition, from environmental changes, inept handling, faulty packaging or other unfavourable conditions, adequate coverage against damage or loss is essential. The cost of risk coverage should be reduced through the rational management by museums and similar institutions of insurance contracts or by means of full or partial governmental guarantees.

III. Measures recommended 11. In accordance with the principles and norms set out above, Member States should take all necessary steps, in conformity with their legislation and constitutional system, to protect movable cultural property eﬀectively and, in the case of transport in particular, should ensure the application of the necessary measures of care and conservation and the coverage of the risks incurred.

Recommendations Adopted by the General Conference

553

Measures for the prevention of risks Museums and other similar institutions 12. Member States should take all necessary steps to ensure adequate protection for cultural property in museums and similar institutions. In particular, they should: (a) encourage the systematic inventorying and cataloguing of cultural property, with the fullest possible details and in accordance with methods specially developed for the purpose (standardized ﬁches, photographs – and also, if possible, colour photographs – and, as appropriate, microﬁlms); such an inventory is useful when it is desired to determine damage or deterioration to cultural property; with such documentation the necessary information can be given, with all due precautions, to the national and international authorities responsible for combating thefts, illicit trading and the circulation of fakes; (b) encourage, as appropriate, the standardized identiﬁcation of movable cultural property using unobtrusive means oﬀered by contemporary technology; (c) urge the museums and similar institutions to reinforce the prevention of risks by a comprehensive system of practical security measures and technical installations, and to ensure that all cultural property is kept, exhibited and transported in such a way as to protect it from all elements likely to damage or destroy it, including, in particular, heat, light, humidity, pollution, the various chemical and biological agents, vibration and shock; (d) provide the museums and similar institutions for which they are responsible with the necessary funds for implementing the measures set out in subparagraph (c) above; (e) take the necessary steps to ensure that all the tasks associated with the conservation of movable cultural property are carried out in accordance with the traditional techniques best suited to the particular cultural property and the most advanced scientiﬁc methods and technology; for this purpose, a suitable system for training and the vetting of professional qualiﬁcations should be established, in order to ensure that all those involved possess the required level of competence; the facilities for this should be strengthened or, if necessary, established; if appropriate, for the sake of economy, the establishment of regional conservation and restoration centres is recommended; (f) provide suitable training for supporting staﬀ (including security staﬀ), and draw up guidelines for such staﬀ, laying down standards for the performance of their duties; (g) encourage regular training for protection, conservation and security staﬀ; (h) ensure that the staﬀ of museums and similar institutions also receive the necessary training to enable them, in the event of disasters, to cooperate eﬀectively in the rescue operations carried out by the competent public services: (i) encourage the publication, and dissemination to those responsible, if necessary in conﬁdential form, of the latest technical and scientiﬁc information on all aspects of the protection, conservation and security of movable cultural property;

554

(j)

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

issue performance standards for all security equipment for museums and public and private collections, and encourage their application.

13. No eﬀort should be spared to avoid giving in to ransom demands, so as to discourage the theft or illegal appropriation of movable cultural property carried out for that purpose. The persons or institutions concerned should consider ways and means of making this policy known.

Private collections 14. Member States should also, in conformity with their legislation and constitutional system, facilitate the protection of collections belonging to private bodies or individuals by: (a) inviting the owners to make inventories of their collections, to communicate the inventories to the oﬃcial services responsible for the protection of the cultural heritage and, if the situation requires, to grant access to the competent oﬃcial curators and technicians in order to study and advise on safeguarding measures; (b) if appropriate, providing for incentives to the owners, such as assistance for the conservation of items listed in the inventories, or appropriate ﬁscal measures; (c) studying the possibility of granting ﬁscal beneﬁts to those who donate or bequeath cultural property to museums or similar institutions; (d) entrusting an oﬃcial body (the department responsible for museums or the police) with the organization of an advisory service for private owners on security installations and other protective measures, including ﬁre protection.

Movable cultural property situated in religious buildings and archaeological sites 15. To ensure that movable cultural property situated in religious buildings and archaeological sites is suitably preserved and protected against theft and plunder, Member States should encourage the construction of installations for storing it and the application of special security measures. Such measures should be in proportion to the value of the property and the extent of the risks to which it is exposed. If appropriate, governments should provide technical and ﬁnancial assistance for this purpose. In view of the special signiﬁcance of movable cultural property situated in religious buildings, Member States and the competent authorities should endeavour to provide for the proper protection and presentation of such property where it is located.

International exchanges 16. Since movable cultural property is particularly exposed, during transport and temporary exhibition, to risks of damage which can arise from inept handling, faulty packaging, poor conditions during temporary storage, or climatic changes, as well as inadequate reception arrangements, special measures of protection are required. In the case of international exchanges, Member States should:

Recommendations Adopted by the General Conference

(a)

(b)

(c)

(d)

(e)

555

take the necessary measures to ensure that appropriate conditions of protection and care during transport and exhibition, as well as adequate coverage of risks, are speciﬁed and agreed on between the parties concerned; governments through whose territory the cultural property will transit should provide assistance, if so requested; encourage the institutions concerned to: (i) ensure that cultural property is transported, packed and handled in accordance with the highest standards; the measures to be taken to this eﬀect could include the determination by experts of the most appropriate form of packaging, as well as the type and timing of transport; it is recommended that, where appropriate, the responsible curator of the lending museum accompany the property during transport and certify its conditions; the institutions responsible for the shipping and packing of the objects should attach a list describing their physical appearance, and the receiving institutions should check the objects against those lists; (ii) take appropriate measures to prevent any direct or indirect damage which might arise from the temporary or permanent overcrowding of the exhibition premises; (iii) agree, where necessary, on the methods to be used for measuring, recording and regulating the degree of humidity in order to maintain the relative humidity within deﬁnite limits, and on the measures to be taken to protect light-sensitive objects (exposure to daylight, type of lamp to be used, maximum level of illumination in lux, methods used to measure and control this level); simplify the administrative formalities relating to the lawful movement of cultural property, and arrange for appropriate identiﬁcation of crates and other forms of packaging containing cultural property; take steps to protect cultural property in transit or temporarily imported for the purpose of cultural exchanges, and in particular facilitate rapid customs clearance in suitable premises, which should be situated close to, and if possible on, the premises of the institution concerned, and ensure that clearance is eﬀected with all the desirable precautions; and whenever necessary, give instructions to their diplomatic and consular representatives to enable them to take eﬀective action to accelerate customs procedures and ensure the protection of cultural property during transport.

Education and information 17. To ensure that the population as a whole becomes aware of the value of cultural property and of the need to protect it, particularly with a view to the preservation of their cultural identity, Member States should encourage the competent authorities at national, regional or local level to: (a) provide children, young people and adults with the means of acquiring knowledge and respect for movable cultural property, using all available educational and information resources for that purpose;

556

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b)

draw the attention of the public at large by every possible means to: (i) the signiﬁcance and importance of cultural property, but without stressing the purely commercial value of that property; (ii) the opportunities available to them for participating in the activities undertaken by the competent authorities in order to protect such property.

Control measures 18. To combat thefts, illegal excavations, vandalism and the use of fakes, Member States should, where the situation demands, establish or strengthen services speciﬁcally responsible for the prevention and suppression of these oﬀences. 19. Member States should, where the situation calls for it, take the necessary measures to: (a) provide for sanctions or any appropriate measures, whether under the penal or civil code or administrative or other measures, in the case of the theft, pillage, receiving or illegal appropriation of movable cultural property, and of damage intentionally caused to such property; these sanctions or measures should take into account the gravity of the oﬀence; (b) ensure better coordination between all services and sectors working for the prevention of oﬀences concerning movable cultural property and organize a system of rapid dissemination of information on such oﬀences, including information on fakes, among oﬃcial bodies and the various sectors concerned, such as museum curators and art and antique dealers; (c) ensure proper conditions for the safeguarding of movable cultural property by taking steps to counter the neglect and abandon to which it is very often exposed and which is conducive to its deterioration. 20. Member States should also encourage private collectors and art and antique dealers to transmit all information concerning fakes to the official bodies mentioned in paragraph 19(b).

Measures to improve the financing of risk coverage Governmental guarantees 21. Member States should: (a) give special attention to the problem of covering adequately the risks to which movable cultural property is exposed during transport and temporary exhibitions; (b) in particular, consider instituting, in any legislative, statutory or other form, a system of governmental guarantees such as those which exist in certain countries, or a system of partial assumption of the risks by the State or any community concerned, with a view to covering an insurance franchise deductible or an excess of loss;

Recommendations Adopted by the General Conference

(c)

557

within the framework of such systems and in the forms mentioned above, provide for compensation to lenders in the event of damage to, or the deterioration, alteration or loss of cultural objects loaned for the purpose of exhibition in museums or similar institutions; the provisions instituting these systems should specify the conditions and procedures governing the payment of such compensation.

22. The provisions concerning governmental guarantees should not apply to cultural property which is the object of transactions for commercial purposes.

Measures at the level of museums and similar institutions 23. Member States should also urge museums and other similar institutions to apply the principles of risk management, comprising the determination, classiﬁcation, assessment, control and ﬁnancing of risks of all kinds. 24. The risk management programme of all institutions which have taken out insurance should include the internal drafting of a procedures manual, periodic surveys on types of risks and the probable maximum loss, analysis of contracts and rates, market studies and a competitive bidding procedure. A person or body should be speciﬁcally entrusted with risk management.

IV. International cooperation 25. Member States should: (a) collaborate with intergovernmental and non-governmental organizations competent in regard to the prevention and coverage of risks; (b) strengthen at international level cooperation between oﬃcial bodies responsible for the suppression of thefts and illicit trading in cultural property, and for the discovery of fakes, and, in particular, urge these bodies to circulate rapidly among themselves, through machinery provided for this purpose, all useful information on illegal activities; (c) if necessary conclude international agreements for cooperation in regard to legal aid and the prevention of oﬀences; (d) take part in the organization of international training courses in the conservation and restoration of movable cultural property, and in risk management, and ensure that they are regularly attended by their specialized staﬀ; (e) establish, in collaboration with the specialized international organizations, ethical and technical standards in the ﬁelds covered by the present Recommendation, and encourage the exchange of scientiﬁc and technical information, particularly on innovations relating to the protection and conservation of movable cultural property. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization

558

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

during its twentieth session, which was held in Paris and declared closed the twenty-eighth day of November 1978. IN FAITH WHEREOF, we have appended our signatures. The President of the General Conference The Director-General

Recommendations Adopted by the General Conference

559

Recommendation concerning the Status of the Artist adopted by the General Conference of UNESCO at its 21st session, Belgrade, 27 October 1980 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Belgrade from 23 September to 28 October 1980, at its twenty-ﬁrst session, Recalling that, under the terms of Article I of its Constitution, the purpose of the Organization is to contribute to peace and security by promoting collaboration among the nations through education, science and culture, in order to further universal respect for justice, for the rule of law, and for the human rights and fundamental freedoms which are aﬃrmed for the peoples of the world, without distinction of race, sex, language or religion, by the Charter of the United Nations, Recalling the terms of the Universal Declaration of Human Rights, and particularly Articles 22, 23, 24, 25, 27 and 28 thereof, quoted in the Annex to this Recommendation, Recalling the terms of the United Nations International Covenant on Economic, Social and Cultural Rights, particularly its Articles 6 and 15, quoted in the Annex to this Recommendation, and the need to adopt the necessary measures for the preservation, development and dissemination of culture, with a view to ensuring the full exercise of these rights, Recalling the Declaration of the Principles of International Cultural Cooperation, adopted by the General Conference of UNESCO at its fourteenth session, particularly its Articles III and IV, which are quoted in the Annex to this Recommendation, as well as the Recommendation on Participation by the People at Large in Cultural Life and Their Contribution to It, adopted by the General Conference of UNESCO at its nineteenth session, Recognizing that the arts in their fullest and broadest deﬁnition are and should be an integral part of life, and that it is necessary and appropriate for governments to help create and sustain not only a climate encouraging freedom of artistic expression but also the material conditions facilitating the release of this creative talent, Recognizing that every artist is entitled to beneﬁt eﬀectively from the social security and insurance provisions contained in the basic texts, declarations, Covenant and Recommendation mentioned above, Considering that the artist plays an important role in the life and evolution of society, and that he should be given the opportunity to contribute to society’s development and, as any other citizen, to exercise his responsibilities therein, while preserving his creative inspiration and freedom of expression,

560 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Further recognizing that the cultural, technological, economic, social and political development of society inﬂuences the status of the artist, and that it is consequently necessary to review his status, taking account of social progress in the world, Aﬃrming the right of the artist to be considered, if he so wishes, as a person actively engaged in cultural work and consequently to beneﬁt, taking account of the particular conditions of his artistic profession, from all the legal, social and economic advantages pertaining to the status of workers, Aﬃrming further the need to improve the social security, labour and tax conditions of the artist, whether employed or self-employed, taking into account the contribution to cultural development which the artist makes, Recalling the importance, universally acknowledged both nationally and internationally, of the preservation and promotion of cultural identity, and of the role in this ﬁeld of artists who perpetuate the practice of traditional arts and also interpret a nation’s folklore, Recognizing that the vigour and vitality of the arts depend, inter alia, on the well-being of artists both individually and collectively, Recalling the conventions and recommendations of the International Labour Organization (ILO) which have recognized the rights of workers in general and, hence, the rights of artists, and, in particular, the conventions and recommendations listed in the appendix to this Recommendation, Taking note, however, that some of the International Labour Organization standards allow for derogations, or even expressly exclude artists, or certain categories of them, owing to the special conditions in which artistic activity takes place, and that it is consequently necessary to extend their ﬁeld of application and to supplement them by other standards, Considering further that this recognition of their status as persons actively engaged in cultural work should in no way compromise their freedom of creativity, expression and communication but should, on the contrary, confirm their dignity and integrity, Convinced that action by the public authorities is becoming necessary and urgent in order to remedy the disquieting situation of artists in a large number of Member States, particularly with regard to human rights, economic and social circumstances, and their conditions of employment, with a view to providing artists with the conditions necessary for the development and ﬂowering of their talents and appropriate to the role that they are able to play in the planning and implementation of cultural policies and cultural development activities of communities and countries, and in the improvement of the quality of life, Considering that art plays an important part in education, and that artists, by their works, may inﬂuence the conception of the world held by all people, and particularly by youth,

Recommendations Adopted by the General Conference

561

Considering that artists must be able collectively to consider and, if necessary, defend their common interests, and therefore must have the right to be recognized as a professional category and to constitute trade union or professional organizations, Considering that the development of the arts, the esteem in which they are held, and the promotion of arts education depend in large measure on the creativity of artists, Aware of the complex nature of artistic activity and of the diverse forms it takes, and, in particular, of the importance, for the living conditions and the development of the talents of artists, of the protection of their moral and material rights in their works, or performances, or the use made of them, and of the need to extend and reinforce such protection, Considering the need to endeavour to take account as far as possible of the opinion both of artists and of the people at large in the formulation and implementation of cultural policies, and for that purpose to provide them with the means for eﬀective action, Considering that contemporary artistic expression is presented in public places and that these should be laid out so as to take account of the opinions of the artists concerned, therefore that there should be close cooperation between architects, contractors and artists in order to lay down aesthetic guidelines for public places which will respond to the requirements of communication and make an eﬀective contribution to the establishment of new and meaningful relationships between the public and its environment, Taking into account the diversity of circumstances of artists in diﬀerent countries and within the communities in which they are expected to develop their talents, and the varying signiﬁcance attributed to their works by the societies in which they are produced, Convinced, nevertheless, that despite such diﬀerences, questions of similar concern arise in all countries with regard to the status of the artist, and that a common will and inspiration are called for if a solution is to be found and if the status of the artist is to be improved, which is the intention of this Recommendation, Taking note of the provisions of the international conventions in force relating, more particularly, to literary and artistic property, and in particular of the Universal Convention and the Berne Convention for the Protection of Literary and Artistic Works, and of those relating to the protection of the rights of performers, of the resolutions of the General Conference, of the recommendations made by UNESCO’s intergovernmental conferences on cultural policies, and of the conventions and recommendations adopted by the International Labour Organization, listed in the appendix to this Recommendation, Having before it, as item 31 of the agenda of the session, proposals concerning the status of the artist, Having decided, at its twentieth session, that this question should be the subject of a recommendation to Member States, Adopts this Recommendation this twenty-seventh day of October 1980.

562 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

The General Conference recommends that Member States implement the following provisions, taking whatever legislative or other steps may be required – in conformity with the constitutional practice of each State and the nature of the questions under consideration – to apply the principles and norms set forth in this Recommendation within their respective territories. For those States which have a federal or non-unitary constitutional system, the General Conference recommends that, with regard to the provisions of this Recommendation the implementation of which comes under the legal jurisdiction of individual constituent states, counties, provinces, cantons or any other territorial and political subdivisions that are not obliged by the constitutional system of the federation to take legislative measures, the federal government be invited to inform the competent authorities of such states, counties, provinces or cantons of the said provisions, with its recommendation for their adoption. The General Conference recommends that Member States bring this Recommendation to the attention of authorities, institutions and organizations in a position to contribute to improvement of the status of the artist and to foster the participation of artists in cultural life and development. The General Conference recommends that Member States report to it, on dates and in a manner to be determined by it, on the action they have taken to give eﬀect to this Recommendation.

I. Deﬁnitions For the purposes of this Recommendation: 1. ‘Artist’ is taken to mean any person who creates or gives creative expression to, or re-creates, works of art, who considers his artistic creation to be an essential part of his life, who contributes in this way to the development of art and culture, and who is or asks to be recognized as an artist, whether or not he is bound by any relations of employment or association. 2. The word ‘status’ signiﬁes, on the one hand, the regard accorded to artists, deﬁned as above, in a society, on the basis of the importance attributed to the part they are called upon to play therein, and, on the other hand, recognition of the liberties and rights, including moral, economic and social rights, with particular reference to income and social security, which artists should enjoy.

II. Scope of application This Recommendation applies to all artists as deﬁned in paragraph 1.1, irrespective of the discipline or form of art practiced by such artists. These include, inter alia, all creative artists and authors within the meaning of the Universal Copyright Convention and the Berne Convention for the Protection of Literary and Artistic Works, as well as performers and

Recommendations Adopted by the General Conference

563

interpreters within the meaning of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations.

III. Guiding principles 1. Member States, recognizing that art reﬂects, preserves and enriches the cultural identity and spiritual heritage of the various societies, constitutes a universal form of expression and communication and, as a common denominator in ethnic, cultural or religious diﬀerences, brings home to everyone the sense of belonging to the human community, should accordingly, and for these purposes, ensure that the population as a whole has access to art. 2. Member States should encourage all activities designed to highlight the action of artists for cultural development, including in particular activities carried out by the mass media and the educational system, and for the employment of leisure for cultural purposes. 3. Member States, recognizing the essential role of art in the life and development of the individual and of society, accordingly have a duty to protect, defend and assist artists and their freedom of creation. For this purpose, they should take all necessary steps to stimulate artistic creativity and the ﬂowering of talent, in particular by adopting measures to secure greater freedom for artists, without which they cannot fulﬁl their mission, and to improve their status by acknowledging their right to enjoy the fruits of their work. Member States should endeavour by all appropriate means to secure increased participation by artists in decisions concerning the quality of life. By all means at their disposal, Member States should demonstrate and conﬁrm that artistic activities have a part to play in the nations’ global development eﬀort to build a juster and more humane society and to live together in circumstances of peace and spiritual enrichment. 4. Member States should ensure, through appropriate legislative means when necessary, that artists have the freedom and the right to establish trade unions and professional organizations of their choosing and to become members of such organizations, if they so wish, and should make it possible for organizations representing artists to participate in the formulation of cultural policies and employment policies, including the professional training of artists, and in the determination of artists’ conditions of work. 5. At all appropriate levels of national planning, in general, and of planning in the cultural ﬁeld, in particular, Member States should make arrangements, by close coordination of their policies relating to culture, education and employment among other things, to deﬁne a policy for providing assistance and material and moral support for artists, and should ensure that public opinion is informed of the justiﬁcation and the need for such a policy. To that end, education should place due emphasis on the encouragement of artistic awareness, so as to create a public capable of appreciating the work of the artist. Without prejudice to the rights that should be accorded to them under copyright legislation, including resale rights (droit de suite) when this is not part of copyright, and under neighbouring rights legislation, artists should enjoy equitable conditions, and their profession should be given the public consideration that it merits. Their conditions of work

564 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

and of employment should be such as to provide opportunities for artists who so wish to devote themselves fully to their artistic activities. 6. Since freedom of expression and communication is the essential prerequisite for all artistic activities, Member States should see that artists are unequivocally accorded the protection provided for in this respect by international and national legislation concerning human rights. 7. In view of the role of artistic activity and creation in the cultural and overall development of nations, Member States should create conditions enabling artists fully to participate, either individually or through their associations or trade unions, in the life of the communities in which they practice their art. They should associate them in the formulation of local and national cultural policies, thus stressing their important contribution in their own society as well as towards world progress in general. 8. Member States should ensure that all individuals, irrespective of race, colour, sex, language, religion, political or other opinion, national or social origin, economic status or birth, have the same opportunities to acquire and develop the skills necessary for the complete development and exercise of their artistic talents, to obtain employment, and to exercise their profession without discrimination.

IV. The vocation and training of the artist 1. Member States should encourage, at school and from an early age, all measures tending to strengthen respect for artistic creation and the discovery and development of artistic vocations, and should bear in mind that, if it is to be eﬀective, the stimulation of artistic creativity calls for provision of the necessary professional training of talent to produce works of outstanding quality. For this purpose, Member States should: (a) take the necessary measures to provide an education designed to stimulate artistic talent and vocation; (b) take all appropriate measures, in association with artists, to ensure that education gives due prominence to the development of artistic sensitivity and so contributes to the training of a public receptive to the expression of art in all its forms; (c) take all appropriate measures, whenever possible, to institute or develop the teaching of particular artistic disciplines; (d) seek by means of incentives, such as the granting of fellowships or paid educational leave, to ensure that artists have the opportunity to bring their knowledge up to date in their own disciplines or in related specialities and ﬁelds, to improve their technical skills, to establish contacts which will stimulate creativity, and to undergo retraining so as to have access to and work in other branches of art; for these purposes, Member States should see that appropriate facilities are provided and that those already existing are, where necessary, improved and developed;

Recommendations Adopted by the General Conference

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

565

adopt and develop coordinated, comprehensive vocational guidance and training policies and programmes, taking into consideration the particular employment situation of artists and enabling them to enter other sectors of activity if necessary; stimulate artists’ participation in the restoration, conservation and use of the cultural heritage in the widest sense of the term, and provide artists with the means of transmitting to future generations the knowledge and artistic skills which they possess; recognize the importance in arts and craft training of the traditional ways of transmitting knowledge and in particular of the initiation practices of various communities, and take all appropriate measures to protect and encourage them; recognize that art education should not be separated from the practice of living art, and see that such education is reoriented in such a way that cultural establishments, theatres, art studios, radio and television broadcasting organizations, etc., play an important part in this type of training and apprenticeship; give particular attention to the development of women’s creativity and the encouragement of groups and organizations which seek to promote the role of women in the various branches of artistic activity; recognize that artistic life and the practice of the arts have an international dimension and accordingly provide those engaged in artistic activities with all the means and, in particular, travel and study grants, likely to enable them to establish lively and far-reaching contacts with other cultures; take all appropriate steps to promote the free international movement of artists, and not to hinder the freedom of artists to practise their art in the country of their choice, while ensuring that these do not prejudice the development of endogenous talents and the conditions of work and employment of national artists; give special attention to the needs of traditional artists, in particular by facilitating their travel inside and outside their own country to serve the development of local traditions.

2. As far as possible and without prejudice to the freedom and independence of both artists and educators, Member States should undertake and support initiatives to ensure that artists, during their training, are made aware of their community’s cultural identity, including traditional and folk cultures, thereby contributing to the aﬃrmation or revival of that identity and those cultures.

V. Social status Member States should promote and protect the status of artists by considering artistic activity, including innovation and research, as a service to the community. They should make it possible for them to enjoy the esteem necessary for the full development of their work, and provide the economic safeguards to which artists are entitled as people actively engaged in cultural work. Member States should:

566 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

1. grant artists public recognition in the form best suited to their respective cultural environments, and establish a system, where it does not already exist or is inadequately designed, to give artists the prestige to which they are entitled; 2. see that the artist beneﬁts from the rights and protection provided for in international and national legislation relating to human rights; 3. endeavour to take the necessary steps to see that artists enjoy the same rights as are conferred on a comparable group of the active population by national and international legislation in respect of employment and living and working conditions, and see that selfemployed artists enjoy, within reasonable limits, protection as regards income and social security; 4. recognize the importance of international protection of the rights of artists under the terms of existing conventions and, in particular, of the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, and the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, and take all necessary steps to extend the ﬁeld of application, scope and eﬀectiveness of those instruments, particularly – in the case of Member States which have not already done so – by considering the possibility of adhering to them; 5. recognize the right of trade union and professional organizations of artists to represent and defend the interests of their members, and give them the opportunity to advise the public authorities on suitable measures for stimulating artistic activity and ensuring its protection and development.

VI. Employment, working and living conditions of the artist; professional and trade union organizations 1. Being aware of the need to improve the social recognition of artists by according them the moral and material support required to remedy their diﬃculties, Member States are invited to: (a) consider measures for supporting artists at the beginning of their careers, in particular during the initial period when they are attempting to devote themselves completely to their art; (b) promote the employment of artists in their own disciplines, particularly by devoting a proportion of public expenditure to artistic works; (c) promote artistic activities within the context of development, and stimulate public and private demand for the fruits of artistic activity in order to increase opportunities of paid work for artists, inter alia, by means of subsidies to art institutions, commissions to individual artists, or the organization of artistic events at the local, regional or national levels, and by establishing art funds; (d) identify remunerative posts which could be given to artists without prejudice to their creativity, vocation and freedom of expression and communication, and, in particular:

Recommendations Adopted by the General Conference

567

(i)

(e)

(f)

give artists opportunities in the relevant categories of the educational and social services systems, at national and local levels, and in libraries, museums, academies and other public institutions; (ii) increase the participation of poets and writers in the overall eﬀort towards the translation of foreign literature; encourage the development of the necessary facilities (museums, concert halls, theatres and other forums) conducive to fostering the dissemination of the arts and the meeting of artists with the public; study the possibility of establishing, within the framework of employment policies or public employment services, eﬀective machinery to assist artists to ﬁnd jobs, and that of adhering to the Fee-Charging Employment Agencies Convention (revised) (No. 96) of the International Labour Organization, which is listed in the appendix to this Recommendation.

2. Within the context of a general policy to encourage artistic creativity, cultural development and the promotion and improvement of conditions of employment, Member States are invited, wherever possible, practical and in the interest of the artist, to: (a) encourage and facilitate the application of the standards adopted for various groups of the active population to artists, and ensure that they enjoy all the rights accorded to the corresponding groups in respect of working conditions; (b) seek means of extending to artists the legal protection concerning conditions of work and employment deﬁned by the standards of the International Labour Organization, in particular the standards relating to: (i) hours of work, weekly rest, and paid leave in all ﬁelds of activities, more particularly, in the case of performers, taking into consideration the hours spent in travelling and rehearsal as well as those spent in public performance or appearances; (ii) protection of life, health and the working environment; (c) take into consideration the particular problems of artists, in respect of the premises where they work, while at the same time ensuring the preservation of the architectural heritage and the environment and upholding regulations pertaining to safety and health, when administering regulations relative to the alteration of artists’ premises, where this is in the interest of artistic activity; (d) make provision when necessary for appropriate forms of compensation for artists, preferably in consultation with organizations representing artists and their employers, when, for reasons connected with the nature of the artistic activity undertaken or the artists’ employment status, the standards relating to the matters referred to in paragraph 2(b) (i) of this section cannot be observed; (e) recognize that proﬁt-sharing systems, in the form of deferred salaries or shares in the proﬁts of production, may prejudice artists’ rights vis-à-vis their real incomes and social security entitlement, and take appropriate measures in such cases to preserve these rights.

568

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

3. With the object of giving speciﬁc consideration to the child artist, Member States are invited to take account of the provisions of the United Nations Declaration of the Rights of the Child. 4. Recognizing the part played by professional and trade union organizations in the protection of employment and working conditions, Member States are invited to take appropriate steps to: (a) observe and secure observance of the standards relating to freedom of association, to the right to organize and to collective bargaining, set forth in the international labour conventions listed in the appendix to this Recommendation, and ensure that these standards and the general principles on which they are founded may apply to artists; (b) encourage the free establishment of such organizations in disciplines where they do not yet exist; (c) provide opportunities for all such organizations, national or international, without prejudice to the right of freedom of association, to carry out their role to the full. 5. Member States are invited to endeavour within their respective cultural environments to provide the same social protection for employed and self-employed artists as that usually granted respectively to other employed and self-employed groups. Provision should likewise be made for measures to extend appropriate social protection to dependent members of the family. The social security system which Member States may ﬁnd it well to adopt, improve or supplement should take into consideration the special features of artistic activity, characterized by the intermittent nature of employment and the sharp variations in the incomes of many artists, without, however, this entailing a limitation of the artist’s freedom to create, publish and disseminate his work. In this context, Member States are invited to consider the adoption of special means of ﬁnancing social security for artists, for example by resorting to new forms of ﬁnancial participation either by the public authorities or by the business undertakings which market or which use the services or works of artists. 6. Recognizing in general that national and international legislation concerning the status of artists is lagging behind the general advances in technology, the development of the media of mass communication, the means of mechanical reproduction of works of art and of performances, the education of the public, and the decisive part played by the cultural industries, Member States are invited to take, wherever necessary, appropriate measures to: (a) ensure that the artist is remunerated for the distribution and commercial exploitation of his work, and provide for the artist to maintain control of his work against unauthorized exploitation, modiﬁcation or distribution; (b) provide, to the extent possible, for a system guaranteeing the exclusive moral and material rights of artists in respect of any prejudice connected with the technical development of new communication and reproduction media, and of cultural industries; this means, in particular, establishing rights for performers, including circus and variety artists, and puppeteers; in doing so,

Recommendations Adopted by the General Conference

(c)

(d)

(e)

7. (a)

(b)

(c)

569

it would be appropriate to take account of the provisions of the Rome Convention and, with reference to problems arising from the introduction of cable diﬀusion and videograms, of the Recommendation adopted by the Intergovernmental Committee of the Rome Convention in 1979; compensate any prejudice artists might suﬀer in consequence of the technical development of new communication and reproduction media and of cultural industries by favouring, for example, publicity for and dissemination of their works, and the creation of posts; ensure that cultural industries benefiting from technological changes, including radio and television organizations and mechanical reproduction undertakings, play their part in the eﬀort to encourage and stimulate artistic creation, for instance by providing new employment opportunities, by publicity, by the dissemination of works, payment of royalties or by any other means judged equitable for artists; assist artists and organizations of artists to remedy, when they exist, the prejudicial effects on their employment or work opportunities of new technologies. Convinced of the uncertainty of artists’ incomes and their sudden ﬂuctuations, of the special features of artistic activity, and of the fact that many artistic callings can be followed only for a relatively short period of life, Member States are invited to make provision for pension rights for certain categories of artists according to length of career and not the attainment of a certain age, and to take into account in their taxation system the particular conditions of artists’ work and activity; in order to preserve the health and prolong the professional activity of certain categories of artists (for example ballet dancers, dancers, vocalists), Member States are invited to provide them with adequate medical care not only in the event of incapacity for work but also for the purpose of preventing illness, and to consider the possibility of research into the health problems peculiar to artistic professions; taking into account the fact that a work of art should be considered neither as a consumer good nor as an investment, Member States are invited to consider the possibility of alleviating indirect taxation on works of art and on artistic performances at the time of their creation, dissemination or ﬁrst sale, and this in the interest of artists or of development of the arts.

8. In view of the growing importance of international exchanges of works of art, and contacts between artists, and the need to encourage, them, Member States separately or collectively, without prejudice to the development of national cultures, are invited to: (a) assist freer circulation of such work by, inter alia, ﬂexible customs arrangements and concessions in relation to import duties, particularly as regards temporary importation; (b) take measures to encourage international travel and exchange by artists, giving due attention to visiting national artists.

570

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

VII. Cultural policies and participation Member States should endeavour, in accordance with paragraphs III.7 and V.5 of this Recommendation, to take appropriate measures to have the opinions of artists and the professional and trade union organizations representing them, as well as of the people at large, in the spirit of UNESCO’s Recommendation on Participation by the People at Large in Cultural Life and Their Contribution to It, taken carefully into account in the formulation and execution of their cultural policies. To this end, they are invited to make the necessary arrangements for artists and their organizations to participate in discussions, decisionmaking processes and the subsequent implementation of measures aimed, inter alia, at: (a) the enhancement of the status of artists in society, for example measures relating to the employment and working and living conditions of the artist, to the provision of material and moral support for artistic activities by the public authorities, and to the professional training of the artist; (b) the promotion of culture and art within the community, for example measures relating to cultural development, to the protection and eﬀective presentation of the cultural heritage, including folklore and the other activities of traditional artists, to cultural identity, to relevant aspects of environmental issues and the use of leisure, and to the place of culture and art in education; (c) the encouragement of international cultural cooperation, for example measures relating to the dissemination and translation of works, to the exchange of works and of persons, and to the organization of regional or international cultural events.

VIII. Utilization and implementation of this Recommendation 1. Member States should strive to extend and supplement their own action in respect of the status of the artist by cooperating with all the national or international organizations whose activities are related to the objectives of this Recommendation, in particular with National Commissions for UNESCO, national and international artists’ organizations, the International Labour Oﬃce and the World Intellectual Property Organization. 2. Member States should, by the most appropriate means, support the work of the abovementioned bodies representing artists and enlist their professional cooperation to enable artists to beneﬁt from the provisions set forth in this Recommendation and to obtain recognition of the status described herein.

IX. Existing advantages Where artists enjoy, in certain respects, a status which is more favourable than that provided for in this Recommendation, its terms shall not in any case be invoked to diminish the advantages already acquired or directly or indirectly to aﬀect them.

Recommendations Adopted by the General Conference

571

Annex A. Universal Declaration of Human Rights Article  Everyone, as a member of society, has the right to social security and is entitled to realization, through national eﬀort and international cooperation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article  (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work. (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. (4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article  Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article  (1) Everyone has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article  (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientiﬁc advancement and its beneﬁts. (2) Everyone has the right to the protection of the moral and material interests resulting from any scientiﬁc, literary or artistic production of which he is the author.

572

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

B. International Covenant on Economic, Social and Cultural Rights Article  (1) The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. (2) The steps to be taken by a State Party to the present Covenant to achieve the full of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

Article  (1) The States Parties to the present Covenant recognize the right of everyone: (a) to take part in cultural life; (b) to enjoy the beneﬁts of scientiﬁc progress and its applications; (c) to beneﬁt from the protection of the moral and material interests resulting from any scientiﬁc, literary or artistic production of which he is the author. (2) The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diﬀusion of science and culture. (3) The States Parties to the present Covenant undertake to respect the freedom indispensable for scientiﬁc research and creative activity. (4) The States Parties to the present Covenant recognize the beneﬁts to be derived from the encouragement and development of international contacts and cooperation in the scientiﬁc and cultural ﬁelds.

C. Declaration of the Principles of International Cultural Cooperation Article III International cultural cooperation shall cover all aspects of intellectual and creative activities relating to education, science and culture.

Recommendations Adopted by the General Conference

573

Article IV The aims of international cultural cooperation in its various forms, bilateral or multilateral, regional or universal, shall be: 1. to spread knowledge, to stimulate talent and to enrich cultures; 2. to develop peaceful relations and friendship among the peoples and bring about a better understanding of each other’s way of life; 3. to contribute to the application of the principles set out in the United Nations Declarations that are recalled in the Preamble to this Declaration; 4. to enable everyone to have access to knowledge, to enjoy the arts and literature of all peoples, to share in advances made in science in all parts of the world and in the resulting beneﬁts, and to contribute to the enrichment of cultural life; 5. to raise the level of the spiritual and material life of man in all parts of the world.

Appendix: International instruments and other texts concerning workers in general or artists in particular A. Recommendation on Participation by the People at Large in Cultural Life and Their Contribution to It, adopted by the General Conference at its nineteenth session (Nairobi, 26 November 1976) B. United Nations International Covenant on Civil and Political Rights (United Nations, New York, 16 December 1966) C. United Nations Declaration of the Rights of the Child (United Nations, New York, 20 November 1959) D. Conventions and Recommendations adopted by the International Labour Conference of the International Labour Organization 1. Instruments applicable to all workers, including artists: • Freedom of Association and Protection of the Right to Organize Convention (No. 87), 1948; • Right to Organize and Collective Bargaining Convention (No. 98), 1949; • Discrimination (Employment and Occupation) Convention (No. III), 1958. 2. Instruments on social security with a general application but allowing States to limit their scope of application: • Social Security (Minimum Standards) Convention (No. 102), 1952; • Maternity Protection Convention (Revised) (No. 103), 1952; • Equality of Treatment (Social Security) Convention (No. 118), 1962; • Employment Injury Beneﬁts Convention (No. 121), 1964; • Invalidity, Old-Age and Survivors’ Beneﬁts Convention (No. 128), 1967; • Medical Care and Sickness Beneﬁts Convention (No. 130), 1969. 3. Instruments applicable to employed workers in general, or to certain sectors or categories of workers, and applicable in principle to employed artists (subject in certain cases to a limitation of the scope of the Convention by a State at the time of ratiﬁcation):

574

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(a) Employment and human resources development: Employment Service Convention (No. 88), 1948; Employment Service Recommendation (No. 83), 1948; Fee-Charging Employment Agencies Convention (Revised) (No. 96), 1949; Employment Policy Convention (No. 122), 1964; Employment Policy Recommendation (No. 122), 1964; Human Resources Development Convention (No. 142), 1975; Human Resources Development Recommendation (No. 150), 1975. (b) Industrial relations: Collective Agreements Recommendation (No. 91), 1951; Voluntary Conciliation and Arbitration Recommendation (No. 92), 1951; Cooperation at the Level of the Undertaking Recommendation (No. 94), 1952; Consultation (Industrial and National Levels) Recommendation (No. 113), 1960; Communications within the Undertaking Recommendation (No. 129), 1967; Examination of Grievances Recommendation (No. 130), 1967. (c) Conditions of work: Protection of Wages Convention (No. 95), 1949; Equal Remuneration Convention (No. 100), 1951; Equal Remuneration Recommendation (No. 90), 1951; Termination of Employment Recommendation (No. 119), 1963; Reduction of Hours of Work Recommendation (No. 116), 1962; Weekly Rest (Commerce and Oﬃces) Convention (No. 106), 1957; Holidays with Pay Convention (Revised) (No. 132), 1970; Paid Educational Leave Convention (No. 140), 1974; Paid Educational Leave Recommendation (No. 148), 1974; Medical Examination of Young Persons (Non-Industrial Occupations) Convention (No. 78), 1946; Medical Examination of Young Persons Recommendation (No. 79), 1946; Night Work of Young Persons (Non-Industrial Occupations) Convention (No. 79), 1946; Night Work of Young Persons (Non-Industrial Occupations) Recommendation (No. 80), 1946; Labour Inspection Convention (No. 81), 1947; Labour Inspection Recommendation (No. 81), 1947; Protection of Workers’ Health Recommendation (No. 97), 1953; Occupational Health Services Recommendation (No. 112), 1959; Hygiene (Commerce and Oﬃces) Convention (No. 120), 1964; Occupational Cancer Convention (No. 139), 1974; Occupational Cancer Recommendation (No. 147), 1974; Working Environment (Air Pollution, Noise and Vibration) Convention (No. 148), 1977; Working Environment (Air Pollution, Noise and Vibration) Recommendation (No. 156), 1977; Minimum Age Convention (No. 138), 1973. (d) Migrant workers: Migration for Employment Convention (Revised) (No. 97), 1949; Migration for Employment Recommendation (No. 86), 1949; Migrant Workers (Supplementary Provisions) Convention (No. 143), 1975; Migrant Workers Recommendation (No. 151) 1975. E. International Labour Organization/United Nations Educational, Scientiﬁc and Cultural Organization/World Intellectual Property Organization • The International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1961)

Recommendations Adopted by the General Conference

• •

• • •

575

The Model Law on the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1974) Recommendation concerning the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, adopted by the Intergovernmental Committee of the Rome Convention at its seventh session (1979) F. Copyright Conventions administered by the United Nations Educational, Scientiﬁc and Cultural Organization and the World Property Organization Universal Copyright Convention (United Nations Educational, Scientiﬁc and Cultural Organization) (1952, revised in 1971) Berne Convention for the Protection of Literary and Artistic Works (World Intellectual Property Organization) (1971)

The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its twenty-ﬁrst session, which was held in Belgrade and declared closed on the twenty-eighth day of October 1980. IN FAITH WHEREOF we have appended our signatures The President of the General Conference The Director-General

576

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Recommendation for the Safeguarding and Preservation of Moving Images adopted by the General Conference of UNESCO at its 21st session, Belgrade, 27 October 1980 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Belgrade from 23 September to 28 October 1980, at its twenty-ﬁrst session, Considering that moving images are an expression of the cultural identity of peoples, and because of their educational, cultural, artistic, scientiﬁc and historical value, form an integral part of a nation’s cultural heritage, Considering that moving images constitute new forms of expression, particularly characteristic of present-day society, whereby an important and ever-increasing part of contemporary culture is manifested, Considering that moving images also provide a fundamental means of recording the unfolding of events and, as such, constitute important and often unique testimonies, of a new dimension, to the history, way of life and culture of peoples and to the evolution of the universe, Noting that moving images have an increasingly important role to play as a means of communication and mutual understanding among all the peoples of the world, Noting furthermore that, by disseminating knowledge and culture throughout the world, moving images contribute extensively to the education and to the enrichment of each human being, Considering however that, due to the nature of their material embodiment and the various methods of their ﬁxation, moving images are extremely vulnerable and should be maintained under speciﬁc technical conditions, Noting furthermore that many elements of the moving image heritage have disappeared due to deterioration, accident or unwarranted disposal, which constitutes an irreversible impoverishment of that heritage, Recognizing the results yielded by the eﬀorts of specialized institutions to save moving images from the dangers to which they are exposed, Considering that it is necessary for each State to take the appropriate complementary measures to ensure the safeguarding and preservation for posterity of this particularly fragile part of its cultural heritage, just as other forms of cultural property are safeguarded and preserved as a source of enrichment for present and future generations, Considering at the same time that the appropriate measures to ensure the safeguarding and preservation of moving images should be taken with due regard for freedom of opinion, expression and information, recognized as an essential part of human rights and

Recommendations Adopted by the General Conference

577

fundamental freedoms inherent in the dignity of the human being, for the need to strengthen peace and international understanding, and for the legitimate position of copyright holders and of all the holders of other rights in moving images, Recognizing also the rights of States to take appropriate measures for the safeguarding and preservation of moving images, taking into account their obligations under international law, Considering that moving images created by the peoples of the world also form part of the heritage of mankind as a whole and consequently that closer international cooperation should be promoted to safeguard and preserve these irreplaceable records of human activity and, in particular, for the beneﬁt of those countries with limited resources, Considering furthermore that, due to increasing international cooperation, imported moving images have an important role in the cultural life of most countries, Considering that important aspects of the history and culture of certain countries, and, in particular, of those previously colonized, are recorded in the form of moving images which are not always accessible to the countries concerned, Noting that the General Conference has already adopted international instruments relating to the protection of the movable cultural heritage and, in particular, the Convention for the Protection of Cultural Property in the Event of Armed Conﬂict (1954), the Recommendation on the Means of Prohibiting and Preventing the Illicit Export, Import and Transfer of Ownership of Cultural Property (1964), the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970), the Recommendation on the International Exchange of Cultural Property (1976) and the Recommendation on the Protection of Movable Cultural Property (1978), Desiring to supplement and extend the application of the standards and principles laid down in these conventions and recommendations, Bearing in mind the terms of the Universal Copyright Convention, the Berne Convention for the Protection of Literary and Artistic Works and the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, Having before it proposals concerning the safeguarding and preservation of moving images, Having decided, at its twentieth session, that this question should be the subject of a Recommendation to Member States, Adopts, this twenty-seventh day of October 1980, the present Recommendation. The General Conference recommends that Member States apply the following provisions by taking whatever legislative or other steps may be required, in conformity with the constitutional system or practice of each State, to give eﬀect within their respective territories to the principles and norms formulated in this Recommendation.

578

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

The General Conference recommends that Member States bring this Recommendation to the attention of the appropriate authorities and bodies. The General Conference recommends that Member States submit to it, by the dates and in the form which it shall prescribe, reports concerning the action taken by them in pursuance of this Recommendation.

I. Deﬁnitions 1. For the purposes of this Recommendation: (a) ‘moving images’ shall be taken to mean any series of images recorded on a support (irrespective of the method of recording or of the nature of the support, such as ﬁlm, tape or disc, used in their initial or subsequent ﬁxation), with or without accompanying sound, which when projected impart an impression of motion and which are intended for communication or distribution to the public or are made for documentation purposes; they shall be taken to include, inter alia, items in the following categories: (i) cinematographic productions (such as feature ﬁlms, short ﬁlms, popular science ﬁlms, newsreels and documentaries, animated and educational ﬁlms); (ii) television productions made by or for broadcasting organizations; (iii) videographic productions (contained in videograms) other than those referred to under (i) and (ii) above; (b) ‘pre-print material’ shall be taken to mean the material support for moving images, consisting in the case of a cinematographic ﬁlm of a negative, internegative or interpositive, and in the case of a videogram of a master, such pre-print material being intended for the procurement of copies; (c) ‘projection copy’ shall be taken to mean the material support for moving images intended for actual viewing and/or the communication of the images. 2. For the purpose of this Recommendation, ‘national production’ shall be taken to mean moving images, the maker or at least one of the co-makers of which has his headquarters or habitual residence within the territory of the State concerned.

II. General principles 3. All moving images of national production should be considered by Member States as an integral part of their ‘moving image heritage’. Moving images of original foreign production may also form part of the cultural heritage of a country when they are of particular national importance from the point of view of the culture or history of the country concerned. Should it not be possible for this heritage to be handed down in its entirety to future generations for technical or ﬁnancial reasons, as large a proportion as possible should be safeguarded and preserved. The necessary arrangements should be made to ensure that

Recommendations Adopted by the General Conference

579

concerted action is taken by all the public and private bodies concerned in order to elaborate and apply an active policy to this end. 4. The appropriate measures should be taken to ensure that the moving image heritage is aﬀorded adequate physical protection from the depredations wrought by time and by the environment. Since poor storage conditions accelerate the deterioration process to which the material supports are continuously subject and may even lead to their total destruction, moving images should be preserved in oﬃcially recognized ﬁlm and television archives and processed according to the highest archival standards. Furthermore, research should be speciﬁcally directed towards the development of high-quality and lasting support media for the proper safeguarding and preservation of moving images. 5. Measures should be taken to prevent the loss, unwarranted disposal or deterioration of any item of the national production. Means should therefore be instituted in each country whereby pre-print material or archival-quality copies of moving images may be systematically acquired, safeguarded and preserved in public or private non-proﬁt-making institutions. 6. Access should be made available as far as possible to the works and information sources represented by moving images which are acquired, safeguarded and preserved by public and private non-proﬁt-making institutions. Their utilizations should not prejudice either the legitimate rights or the interests of those involved in the making and exploitation thereof, in accordance with the provisions of the Universal Copyright Convention, the Berne Convention for the Protection of Literary and Artistic Works, and the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, and national legislation. 7. In order to ensure that a truly eﬀective safeguarding and preservation programme is successfully undertaken, the cooperation of all those involved in the making, distribution, safeguarding and preservation of moving images should be obtained. Public information activities should therefore be organized, in particular with a view to instilling in the professional circles concerned a general awareness of the signiﬁcance of moving images for a country’s heritage and the consequent need to safeguard and preserve them as testimonies to the life of contemporary society.

III. Measures recommended 8. In accordance with the principles set out above, and in conformity with their normal constitutional practice, Member States are invited to take all the necessary steps, including the provision, to oﬃcially recognized archives, of appropriate resources in terms of staﬀ, equipment and funds, to safeguard and preserve eﬀectively their moving image heritage in accordance with the following guidelines:

Legal and administrative measures 9. To ensure that moving images forming part of the cultural heritage of countries are systematically preserved, Member States are invited to take measures whereby oﬃcially

580

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

recognized archives are able to acquire for safeguarding and preservation any part or all of their country’s national production. Such measures may include, for example, voluntary arrangements with the holders of rights for the deposit of moving images, acquisition of moving images by purchase or donation, or the institution of mandatory deposit systems through appropriate legislation or administrative measures. Such systems should complement and coexist with existing archival arrangements relating to publicly owned moving images. Measures taken should be consistent with the provisions of national legislation and international instruments concerning the protection of human rights, copyright and the protection of performers, producers of phonograms and broadcasting organizations relating to moving images, and should take into account the special conditions provided in favour of developing countries in certain of these instruments. When mandatory deposit systems are adopted, they should provide that: (a) moving images of national production, whatever the physical characteristics of their support medium or the purpose for which they were created, should be deposited in at least one complete copy of the highest archival quality, preferably in the form of pre-print material; (b) the material should be deposited by the maker – as deﬁned by national legislation – having his headquarters or habitual residence within the territory of the State concerned, irrespective of any co-production arrangement made with a foreign maker; (c) the material deposited should be preserved in oﬃcially recognized ﬁlm or television archives; where they do not exist, every eﬀort should be made to establish such institutions at the national and/or regional level; pending the establishment of oﬃcially recognized archives, the material should be provisionally stored in appropriately equipped premises; (d) the deposit should be made as soon as possible within a maximum time limit ﬁxed by national regulations; (e) the depositor should have controlled access to the deposited material whenever further printing is required, on condition that such access does not cause any damage to, or deterioration of, the material deposited; (f) the oﬃcially recognized archives should be entitled, subject to the relevant provisions of international conventions and of national legislation governing copyright and the protection of performers, producers of phonograms and broadcasting organizations, to: (i) take all the necessary measures in order to safeguard and preserve the moving image heritage, and, where possible, to enhance the technical quality; where the reproduction of moving images is involved, due regard should be given to all the rights in the images concerned; (ii) permit the viewing on their premises of a projection copy on a non-proﬁtmaking basis by a limited number of viewers for purposes of teaching, scholarship or research, provided that such use does not conﬂict with the normal exploitation of the work, and on condition that no deterioration of or damage to the material deposited is thereby caused; (g) the material deposited and the copies made therefrom should not be used for any other purposes, nor should their contents be modiﬁed;

Recommendations Adopted by the General Conference

(h)

581

oﬃcially recognized archives should be entitled to request users to make a reasonable contribution to the cost of the services provided.

10. The safeguarding and preservation of all moving images of national production should be regarded as the highest objective. However, until such time as developments in technology make this feasible everywhere, in those cases where it is not possible, for technical reasons of cost or space, to record all publicly broadcast moving images or to safeguard and preserve on a long-term basis all the material deposited, each Member State is invited to establish the principles for determining which images should be recorded and/or deposited for posterity, including ‘ephemeral recordings’ having an exceptional documentary character. Those moving images which, because of their educational, cultural, artistic, scientiﬁc and historical value, form part of a nation’s cultural heritage should be retained on a priority basis. Any system introduced to this end should foresee that selection should be based on the broadest possible consensus of informed opinion and should take particular account of the appraisal criteria established by the archival profession. Furthermore, due care should be taken to prevent the elimination of material until suﬃcient time has elapsed to allow for the necessary perspective. Material eliminated in this way should be returned to the depositor. 11. Foreign producers, and those responsible for the public distribution of moving images made abroad, should be encouraged, in accordance with the spirit of this Recommendation and without prejudice to the free movement of moving images across national borders, to deposit voluntarily in the oﬃcially recognized archives of the countries in which they are publicly distributed a copy of moving images of the highest archival quality, subject to all the rights therein. In particular, those responsible for the distribution of moving images, dubbed or subtitled in the language or languages of the country in which they are publicly distributed, which are regarded as an integral part of the moving image heritage of the country concerned or which are of signiﬁcant value for the cultural needs of teaching or research, should be urged to deposit the material relating to these images in the spirit of international cooperation. Oﬃcially recognized archives should seek establishment of such deposit systems, and furthermore, the acquisition, subject to all the rights therein, of copies of moving images which are of exceptional universal value, even if they have not been publicly distributed in the country concerned. Control of and access to such material should be governed by the provisions of paragraph 9(e), (f), (g) and (h) above. 12. Member States are invited to conduct follow-up studies on the eﬀectiveness of the measures proposed in paragraph 11. If, following a reasonable trial period, the suggested form of voluntary deposit fails to ensure the adequate safeguarding and preservation of adapted moving images that are of particular national importance from the standpoint of the culture or history of a State, it would be for the State concerned, under the provisions of its national legislation, to deﬁne such measures as would prevent the disappearance, particularly through destruction, of copies of adapted moving images, due regard being given to the rights of all those holding legitimate rights in such moving images of particular national importance. 13. Member States are invited furthermore to investigate the feasibility of permitting – taking due account of international conventions concerning copyright and the protection

582

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

of performers, producers of phonograms and broadcasting organizations – oﬃcially recognized archives to uilize the deposited material for research and recognized teaching purposes, provided that such utilization does not conﬂict with the normal exploitation of the works.

Technical measures 14. Member States are invited to pay due attention to the archival standards concerning storage and treatment of moving images recommended by the international organizations competent in the ﬁeld of the safeguarding and preservation of moving images. 15. Furthermore, Member States are invited to make the necessary arrangements to ensure that the institutions responsible for safeguarding and preserving the moving image heritage take the following measures: (a) establish and make available national ﬁlmographies and catalogues of all categories of moving images and descriptions of their holdings, seeking, where possible, the standardization of cataloguing systems; these documentary materials would together form an inventory of the country’s moving image heritage; (b) collect, preserve and make available for research purposes institutional records, personal papers and other material that document the origin, production, distribution and projection of moving images, subject to the agreement of those concerned; (c) maintain in good condition the equipment – some of which may no longer be in general use but which may be necessary for the reproduction and projection of material preserved – or, should that not prove possible, ensure that the moving images concerned are transferred onto another material support permitting their reproduction and projection; (d) ensure that the standards applicable to the storage, safeguarding, preservation, restoration and duplication of moving images are rigorously applied; (e) as far as possible, improve the technical quality of the moving images to be safeguarded and preserved, ensuring that they are in a condition conducive to their long-term and eﬀective storage and use; when treatment involves the reproduction of material, due regard should be given to all the rights in the images concerned. 16. Member States are invited to encourage private bodies and individuals holding moving images to take the necessary steps to ensure the safeguarding and preservation of these images under adequate technical conditions. These bodies and individuals should be encouraged to entrust to oﬃcially recognized archives the pre-print material, if available, or, in default thereof, copies of moving images made before the introduction of the deposit system.

Supplementary measures 17. Member States are invited to encourage the competent authorities and other bodies concerned with the safeguarding and preservation of moving images to undertake public information activities in order to:

Recommendations Adopted by the General Conference

(a)

(b)

583

promote, among all those involved in the making and distribution of moving images, an appreciation of the lasting value of such images from the educational, cultural, artistic, scientiﬁc and historical points of view, and an awareness of the consequent need to collaborate in their safeguarding and preservation; draw the attention of the public at large to the educational, cultural, artistic, scientiﬁc and historical importance of moving images, and to the measures necessary for their safeguarding and preservation.

18. Measures should be taken at the national level in order to coordinate research in ﬁelds related to the safeguarding and preservation of moving images and to encourage research speciﬁcally directed towards their long-term preservation at a reasonable cost. Information on methods and techniques for safeguarding and preserving moving images, including the results of relevant research, should be disseminated to all concerned. 19. Training programmes in the safeguarding and restoration of moving images should be organized, covering the most recent methods and techniques.

IV. International cooperation 20. Member States are invited to associate their eﬀorts in order to promote the safeguarding and preservation of moving images which form part of the cultural heritage of nations. Such cooperation should be stimulated by the competent international governmental and nongovernmental organizations and should comprise the following measures: (a) participation in international programmes for the establishment of the necessary infrastructure, at the regional or national level, to safeguard and preserve the moving image heritage of countries which do not possess appropriate facilities or adequate resources; (b) exchange of information on methods and techniques for the safeguarding and preservation of moving images and, in particular, on the ﬁndings of recent research; (c) organization of national or international training courses in related ﬁelds, in particular for nationals of developing countries; (d) joint action for the standardization of cataloguing methods speciﬁcally intended for archival holdings of moving images; (e) authorization – subject to the relevant provisions of international conventions and of national legislation governing copyright and the protection of performers, producers of phonograms and broadcasting organizations – of the lending of copies of moving images to other oﬃcially recognized archives, exclusively for purposes of teaching, scholarship or research, provided that the consent of the holders of rights and the archives concerned is obtained to such lending, and that no deterioration of or damage to the material lent is thereby caused. 21. Technical cooperation should be provided in particular to developing countries, in order to ensure or facilitate the adequate safeguarding and preservation of their moving image heritage.

584

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

22. Member States are invited to cooperate for the purpose of enabling any State to gain access to moving images that relate to its history or culture and of which it does not hold either pre-print material or projection copies. To this end, each Member State is invited: (a) to facilitate, in the case of moving images on deposit in oﬃcially recognized archives and which relate to the history or culture of another country, the acquisition by the oﬃcially recognized archives of that country of either pre-print material or a projection copy thereof; (b) to encourage private bodies or institutions within its territory which hold such moving images to deposit on a voluntary basis either pre-print material or a projection copy thereof with the oﬃcially recognized archives of the country concerned. Where necessary, the material supplied in accordance with (a) and (b) above should be made available against reimbursement of the cost by the requesting body. However, in view of the cost involved, pre-print material or projection copies of moving images held by Member States as public property and which relate to the history and culture of developing countries should be made available to the oﬃcially recognized archives of those countries under especially favourable conditions. Any material provided in accordance with this paragraph should be made available subject to any copyright and any rights of performers, producers of phonograms or broadcasting organizations which may exist therein. 23. When moving images forming part of a country’s cultural or historical heritage have been lost by that country, whatever the circumstances, and in particular as a consequence of colonial or foreign occupation, Member States are invited, in connection with requests for such images, to cooperate in the spirit of Resolution 5/10.1/1, III, adopted by the General Conference at its twentieth session. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its twenty-ﬁrst session, which was held in Belgrade and declared closed on the twenty-eighth day of October 1980. IN FAITH WHEREOF we have appended our signatures The President of the General Conference The Director-General

Recommendations Adopted by the General Conference

585

Recommendation concerning the International Standardization of Statistics on the Public Financing of Cultural Activities adopted by the General Conference of UNESCO at its 21st session, Belgrade, 27 October 1980 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Belgrade from 23 September to 28 October 1980, at its twenty-ﬁrst session, Considering that, by virtue of Article IV, paragraph 4, of the Constitution, it is for the Organization to draw up and adopt instruments for the international regulation of questions falling within its competence, Considering that Article VIII of the Constitution provides, inter alia, that each Member State shall submit to the Organization, at such times and in such manner as shall be determined by the General Conference, reports on the laws, regulations and statistics relating to its educational, scientiﬁc and cultural institutions and activities, Considering that it is desirable for the national authorities responsible for collecting and communicating statistics relating to the public ﬁnancing of cultural activities to be guided by certain standards in the matter of deﬁnitions, classiﬁcation and presentation, in order to improve the international comparability of statistics intended for use not only for general information but also by those responsible for cultural policy and planning, Bearing in mind the long-term classiﬁcation work being undertaken jointly by UNESCO and other United Nations bodies in developing the Framework for Cultural Statistics (FCS), Having before it, as item 33 of the agenda of the session, proposals concerning the international standardization of statistics on the public ﬁnancing of cultural activities, Having decided at its twentieth session that this question should be made the subject of an international regulation, to take the form of a recommendation to Member States within the meaning of Article IV, paragraph 4, of the Constitution, Adopts the present Recommendation this twenty-seventh day of October 1980. The General Conference recommends that Member States should apply the following provisions concerning the international standardization of statistics on the public ﬁnancing of cultural activities – regarded as a step towards the development of a comprehensive system (including private ﬁnancing) of cultural activities – by taking whatever legislative measures or other steps which may be required in conformity with the constitutional practice of each State to give eﬀect within their respective territories to the principles and norms formulated in this Recommendation.

586

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

The General Conference recommends that Member States bring this Recommendation to the attention of the authorities and services responsible for collecting and communicating statistics on the public ﬁnancing of cultural activities. The General Conference recommends that Member States forward to it, by the dates and in the form it shall prescribe, reports concerning action taken by them upon this Recommendation.

I. Scope and deﬁnitions Scope 1. This Recommendation relates to statistics designed to provide standardized information in each Member State on the ﬁnancing of cultural activities through public expenditure (other than that included in education and science statistics).

Definition of cultural field, and enumeration of constituent activities 2. For the purposes of this Recommendation, the cultural ﬁeld is deﬁned as comprising the following categories.

Category : Cultural heritage This category includes activities aimed at preserving and developing the cultural heritage and cultural structures by such means as the maintenance of monuments and the depositing, collecting and communication of the treasures of the past: 0.0 Historical monuments and sites 0.1 Archives 0.2 Museums 0.3 Archaeological excavations 0.4 Other forms of the cultural heritage enjoying oﬃcial protection 0.5 Research and training outside the formal education system 0.6 Such activities necessary for the preservation and registration of the cultural heritage as cannot be included in the other categories

Category : Printed material and literature This category includes activities aimed at creating, producing or disseminating literary works in printed form, i.e. books, periodicals, newspapers, etc., and also the setting up and operation of libraries: 1.0 Literary creation 1.1 Book publishing 1.2 Periodical and newspaper publishing 1.3 Distribution and marketing of books, periodicals and newspapers

Recommendations Adopted by the General Conference

1.4 1.5 1.6

587

Libraries Research and training outside the formal education system Subsidiary activities necessary for literary production and printing

Category : Music This category includes activities aimed at creating, producing or disseminating musical works in the form of scores, recordings or concerts: 2.0 Musical creation 2.1 Musical performances (instrumental or vocal concerts) 2.2 Publication of printed music 2.3 Lyric performances (including operas, operettas, etc.) 2.4 Publication of recorded music (discs, magnetic tapes, cassettes, etc.) 2.5 Distribution and marketing of printed and recorded music 2.6 Production and marketing of musical instruments 2.7 Production and marketing of equipment for the reproduction and recording of music (record players, tape recorders, etc.) 2.8 Training outside the formal education system 2.9 Subsidiary activities necessary for the creation and production of music and of equipment

Category : Performing arts This category includes activities aimed at creating, producing or disseminating works for the performing arts. Such works are often literary, musical and plastic at one and the same time: 3.0 Creation of works for the performing arts 3.1 Dramatic performances 3.2 Choreographic performances 3.3 Other performing arts (circus, music hall, cabarets, variety shows) 3.4 Training outside the formal education system 3.5 Subsidiary activities necessary for the performing arts (hiring of halls, middleman services, production and marketing of equipment)

Category : Plastic arts This category includes activities aimed at creating, producing or disseminating works of plastic art in the form of paintings, sculptures, ornaments or craft objects: 4.0 Creation of works of plastic art 4.1 Publishing and production of works of plastic art 4.2 Exhibition of works of plastic art 4.3 Dissemination and marketing of plastic art 4.4 Training outside the formal education system 4.5 Subsidiary activities necessary for the plastic arts (production and marketing of materials and equipment needed for the creation and publishing of works of plastic art)

588

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Category : Cinema and photography This category includes activities aimed at creating, producing or disseminating cinematographic or photographic works: 5.0 Cinematographic creation (production of cinema ﬁlms) 5.1 Film distribution 5.2 Film shows 5.3 Photography 5.4 Training outside the formal education system 5.5 Subsidiary activities necessary for the cinema and photography (production and marketing of ﬁlms, screens, cinematographic and photographic cameras, sound equipment, projectors, building and premises used for projection)

Category : Radio and television This category includes activities aimed at creating, producing or disseminating works for radio or television: 6.0 Radio 6.1 Television 6.2 Training outside the formal education system 6.3 Activities necessary for broadcasting and television (production and marketing of transmitters, receivers and networks)

Category : Sociocultural activities This category includes activities aimed at enabling people to express themselves individually or collectively in all aspects of their everyday life: 7.0 Sociocultural initiative, community cultural centres and promotion of amateur activities 7.1 Civic and professional associations 7.2 Other sociocultural activities (ceremonies, social functions connected with religious, moral, ethical or philosophical beliefs) 7.3 Training outside the formal education system 7.4 Other activities necessary for sociocultural activities

Category : Sports and games This category includes the production of sports equipment, the construction and maintenance of playing ﬁelds and other amenities (sports grounds, swimming pools, gymnasiums, etc.), and also related activities and activities connected with the organization of sports and games: 8.0 Sporting activities and sports association (the playing and organization of games, matches, etc.) 8.1 Production of sports equipment, construction and maintenance of playing ﬁelds and other amenities 8.2 Training outside the formal education system

Recommendations Adopted by the General Conference

589

Category : Nature and environment This category includes activities aimed at providing and maintaining installations and services connected with nature and the environment, and with the quality of life: 9.0 Recreational activities connected with nature (national parks, nature reserves, public beaches, forest walks, etc.) 9.1 Activities connected with the quality of the urban setting (city parks, trees, recreation areas for children, etc.)

Category : General administration of culture and non-apportionable activities This category includes activities aimed at providing maintenance, equipment and administrative services, as well as multi-purpose cultural activities which cannot be placed, as a whole, under one of the preceding categories: 10.0 General public administration of culture 10.1 Provision and maintenance of multi-purpose cultural equipment covering several categories under the functional classiﬁcation (such as multi-purpose halls serving as concert halls, cinemas or conference rooms) 10.2 Other activities, which cannot be broken down by the preceding categories

Definition of the sector for general government and its constituent bodies 3. The deﬁnitions in the United Nations System of National Accounts (SNA) are reproduced below. They should be used in compiling the statistics provided for in this Recommendation. At the same time, account should also be taken of the special features of individual countries, including countries with planned management of the national economy in which the Material Product System (MPS), i.e. the method of calculating the results of economic activities by material product balances, is used. (a) Deﬁnition of the sector for general government: ‘All departments, oﬃces, organizations and other bodies which are agencies or instruments of the central, state or local public authorities, whether accounted for, or ﬁnanced in, ordinary or extraordinary budgets or extra-budgetary funds’. Included are non-proﬁt institutions which, while not an integral part of a government, are wholly, or mainly, ﬁnanced and controlled by the public authorities or primarily serve government bodies; all social security arrangements for large sections of the population imposed, controlled or ﬁnanced by a government; and government enterprises which mainly produce goods and services for government itself or primarily sell goods and services to the public on a small scale. Excluded are other government enterprises and public corporations. (b) The bodies constituting the sector for general government are subdivided into two subsectors: (i) The subsector for central government is deﬁned as: ‘All departments, oﬃces, establishments and other bodies classiﬁed under general government which are agencies or instruments of the central authority of a country, except

590

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(c)

separately organized social security funds irrespective of whether they are covered in, or ﬁnanced through, ordinary or extraordinary budgets, or extrabudgetary funds’. The subsector for central government generally comprises the following bodies: (1) the departments, including the department in charge of cultural aﬀairs and other departments, intervening in cultural life; (2) national public institutions possessing a degree of operational autonomy vis-à-vis the departments; some operate like government departments, and will therefore be regarded as such; others operate like companies, and only the subsidies these bodies receive from the general government agencies responsible for them will be regarded as public ﬁnancing. (ii) The subsector for state and local government is deﬁned as: ‘All departments, oﬃces, establishments and other bodies included under general government which are agencies or instruments of state, provincial, district, municipal or other organs of government except the central authority’; the subsector for state and local government, like that for central government, generally comprises the following bodies: (1) federal, regional, departmental and parochial administrations; (2) public institutions of which only those which operate like departments will be included under the head of public expenditures on cultural activities. It should be noted that for each of the two subsectors for general government, account will need to be taken of the extra-budgetary funds whose ﬁnancial movements (appropriations and disbursements) appear in the oﬃcial accounts outside the budgets of the departments that manage them.

II. Classiﬁcation of data Functional classification of public expenditure on cultural activities 4. The functions according to which public expenditure on cultural activities is classiﬁed should correspond to the categories into which the cultural ﬁeld has been subdivided: cultural heritage, printed material and literature, music, performing arts, plastic arts, cinema and photography, radio and television, sociocultural activities, sports and games, nature and environment, and general administration of culture and non-apportionable activities.

Economic classification of public expenditure on cultural activities 5. It seems appropriate to use the nomenclature proposed by the United Nations System of National Accounts for classifying operations by transactors of the System. The categories of expenditure met with in the description of public expenditure on cultural activities are the following: (a) Expenditure on the purchase of goods and services:

Recommendations Adopted by the General Conference

591

(i)

(b)

(c)

purchases of goods and services for the operation of general government (supplies and equipment); (ii) remuneration of employees: the total wage bill paid by general government agencies (including contributions to the various social security and insurance schemes) for purposes of their work, whether the latter consists of mere administration or of activities intervention in cultural life; (iii) gross ﬁxed capital formation: this consists essentially of the building up of community facilities for cultural life (buildings and equipment); (iv) acquisition of intangible assets, purchases of works of art, artistic commissions, etc. Transfers: (i) subsidies: these are intended for public and private enterprises and public institutions operating as enterprises, and their purpose is to encourage the development of a new activity, supplement the income of an existing activity, or even to stabilize selling prices; (ii) current transfers to non-proﬁt private institutions serving households which are engaged in all ﬁelds of cultural activity, e.g. subsidies to archaeological associations, conservation societies, literary, musical and arts societies, etc.; (iii) current transfers to households: such as grants to creative artists for social purposes, tuition grants, study grants, etc.; (iv) capital transfers: these are intended for public and private enterprises, or public institutions operating as enterprises, for equipment purposes; (v) transfers abroad: these are usually for cultural activities that come into the ﬁeld of international cooperation; (vi) current transfers between government departments: these mostly take place either between the central government and public institutions, or between the central government and the local government; (vii) any taxes that may be paid by general government agencies for the purpose of their cultural activities; (viii) tax relief (for books, live performances, etc.). Financial transactions: (i) repayment of borrowing carried out speciﬁcally for cultural activities, (ii) loans (some government departments and public institutions may make loans for certain cultural activities, e.g. loans to publishers or for ﬁlm production).

III. Presentation of statistical data 6. The statistics covered by this Recommendation should be compiled every two years for the central government expenditure and relate to the second year of the preceding two-year period. For the expenditure of local government, the periodicity will be four years. The particulars furnished should be presented in accordance with the definitions and classiﬁcations set out in the previous paragraphs. Any discrepancies that may appear between these deﬁnitions and classiﬁcations and those in use at national level should be pointed out. National practices concerning administrative structure and coverage of data,

592 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

likely to inﬂuence the statistics on public expenditure for cultural activities should be reported. (a) The statistical data should be presented in a double-entry table, with: (i) data related to functional classiﬁcation entered horizontally, (ii) data related to economic classiﬁcation entered vertically. (b) A double-entry table should be drawn up by type of public body: (i) the subsector for central government: departments and public institutions; (ii) the subsector for state and local government: local authorities and public institutions. Summary tables should be drawn up whenever possible for the sum total of general government agencies. (c) It should be stated whether the data consists of estimates (budgetary data) or of transactions actually carried out (accounting data). (d) Aggregate data could be reported when data by subcategory are unavailable. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its twenty-ﬁrst session, which was held in Belgrade and declared closed on the twenty-eighth day of October 1980. IN FAITH WHEREOF we have appended our signatures The President of the General Conference The Director-General

Recommendations Adopted by the General Conference

593

Revised Recommendation concerning the International Standardization of Statistics on the Production and Distribution of Books, Newspapers and Periodicals adopted by the General Conference of UNESCO at its 23rd session, Soﬁa, 1 November 1985 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Soﬁa from 8 October to 9 November 1985, at its twenty-third session, Considering that, by virtue of Article IV, paragraph 4, of the Constitution, it is for the Organization to draw up and adopt instruments for the international regulation of questions falling within its competence, Considering that Article VIII of the Constitution provides, inter alia, that ‘each Member State shall submit to the Organization, at such times and in such manner as shall be determined by the General Conference, reports on the laws, regulations and statistics relating to its educational, scientiﬁc and cultural institutions and activities’, Bearing in mind the work being undertaken jointly by UNESCO and other United Nations bodies in developing a Framework for Cultural Statistics (FCS), Convinced that it is desirable that the national authorities responsible for collecting and reporting statistics relating to the production and distribution of printed publications should be guided by certain standards in the matter of deﬁnitions, classiﬁcation and presentation, in order to improve the international comparability of statistics, Having adopted for this purpose at its thirteenth session the Recommendation concerning the International Standardization of Statistics relating to Book Production and Periodicals, Aware that an updating of this Recommendation is required so as to make it more adapted to modern requirements and practices, Having decided at its twenty-second session that the 1964 Recommendation should be revised, Adopts, this ﬁrst day of November 1985, the present revised Recommendation. The General Conference recommends that Member States should apply the following provisions regarding deﬁnitions, classiﬁcations and presentation of statistics relating to books, newspapers and periodicals by taking whatever legislative measures or other steps may be required in conformity with the constitutional practice of each State to give eﬀect within their respective territories to the standards and principles formulated in the present Recommendation. The General Conference recommends that Member States bring the present Recommendation to the attention of the authorities and services responsible for collecting and reporting statistics on books, newspapers and periodicals.

594 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

The General Conference recommends that Member States forward to it, by the dates and in the form it shall prescribe, reports concerning action taken by them to give eﬀect to the present revised Recommendation.

I. Scope and general deﬁnitions Scope 1. The present Recommendation relates to statistics designed to provide standardized information in each Member State on various aspects of the production and distribution of printed publications, i.e. of books, newspapers and periodicals. 2. The statistics referred to in this Recommendation should cover printed periodic and non-periodic publications which are published in a particular country and made available to the public, and, in general, are publications which should be included in the national bibliographies of the various countries, with the exception of the following publications: (a) Publications issued for advertising purposes, provided that the literary or scientiﬁc text is subsidiary and that the publications are distributed free of charge: (i) trade catalogues, prospectuses and other types of commercial, industrial and tourist advertising; (ii) publications drawing attention to the products or services supplied by the publisher even though they may be describing activities or technical progress in some branch of industry or commerce. (b) Publications belonging to the following categories, when they are considered to be of a transitory character: (i) timetables, price lists, telephone directories, etc.; (ii) programmes of entertainments, exhibitions, fairs, etc.; (iii) regulations and reports of business ﬁrms, company directives, circulars, etc.; (iv) calendars, etc. (c) Publications belonging to the following categories and in which the text is not the most important part: (i) musical works (scores or music books), provided that the music is more important than the words; (ii) maps and charts, with the exception of atlases; for example, astronomical charts, hydrographic, geographical and wall maps, road maps, geological surveys in map form and topographical plans.

General definitions 3. A publication is considered to be non-periodic if it is published at one time, or, at intervals, by volumes, the number of which is generally determined in advance. 4. A publication is considered to be periodic if it constitutes one issue in a continuous series under the same title, published at regular or irregular intervals, over an indeﬁnite period,

Recommendations Adopted by the General Conference

595

individual issues in the series being numbered consecutively or each issue being dated. Individual volumes carrying diﬀerent titles, even though considered to be in a series, should not be considered as periodic publications. 5. The term printed includes reproduction by any method of mechanical impression, whatever it may be. 6. A publication is considered to be published in a particular country if the publisher has his registered oﬃce in the country where the statistics are compiled, the place of printing or place of circulation here being irrelevant. When a publication is issued by one or more publishers who have registered oﬃces in two or more countries, it is considered as having been published in the country or countries where it is issued. 7. A publication is considered as being made available to the public when it is obtainable either by purchase or by distribution free of charge. Publications intended for a restricted public, such as certain government publications, those of learned societies, political or professional organizations, etc., are also considered as being available to the public at large. 8. The following general deﬁnitions should be used for the purpose of drawing up statistics on printed publications: (a) Title: a term used to describe a printed item (non-periodic or periodic) which forms a separate whole, whether in one or several volumes; (b) Circulation: the average number of copies of a printed publication sold or otherwise distributed; (c) Print-run: the total number of copies of publication printed; (d) Publishing: production and issue of printed periodic and non-periodic publications for public consumption.

II. Statistics on Books Scope 9. The book statistics referred to in this Recommendation should cover non-periodic publications corresponding to the characteristics and general definitions given in paragraphs 1 to 8 above. 10. The following types of publication, inter alia, should be included in book statistics: (a) Government publications, i.e. publications issued by public administrations or their subsidiary bodies, except for those which are conﬁdential or designed for internal distribution only; (b) School textbooks, books prescribed for pupils receiving education at the ﬁrst and second level as defined in the revised Recommendation concerning the International Standardization of Educational Statistics adopted by the General Conference; (c) University theses;

596

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(d)

(e) (f)

Oﬀprints, i.e. reprints of a part of a book or a periodical already published, provided that they have a title and a separate pagination and that they constitute a distinct work; Publications which form part of a series, but which constitute separate bibliographical units; Illustrated works: (i) collections of prints, reproductions of works of art, drawings, etc., when such collections form complete, paginated volumes and when the illustrations are accompanied by an explanatory text, however short, referring to these works or to the artists themselves; (ii) albums, illustrated books and pamphlets written in the form of continuous narratives, with pictures illustrating certain episodes; (iii) albums and picture books for children; (iv) comic books.

Definitions 11. The following deﬁnitions are without prejudice to existing international agreements and should be used for the particular purpose of drawing up the book statistics referred to in this Recommendation: (a) A book is a non-periodic publication of at least forty-nine pages exclusive of the cover pages, published in the country and made available to the public. (b) A pamphlet is a non-periodic printed publication of at least ﬁve but not more than forty-eight pages, exclusive of the cover pages, published in a particular country and made available to the public. (c) A ﬁrst edition is the ﬁrst publication of an original or translated manuscript. (d) A re-edition is a publication distinguished from previous editions by changes made in the contents (revised edition) or layout (new edition) and which requires a new ISBN. (e) A reprint is unchanged in contents and layout, apart from correction of typographical errors in previous editions, and does not require a new ISBN. A reprint by any publisher other than the original publisher is regarded as a reedition. (f) A translation is a publication which reproduces a work in a language other than the original language. (g) A title is a term used to designate a printed publication which forms a separate whole, whether issued in one or several volumes.

Methods of enumeration 12. The statistics to be reported on books should refer to the number of titles published as well as to the number and monetary value of copies printed and distributed. 13. With regard to the enumeration of book titles, the following principles should be followed:

Recommendations Adopted by the General Conference

(a)

(b)

(c) (d)

597

When a work is published in several volumes (not having separate titles) appearing over a period of several years, the work is counted each year as a single unit, whatever the number of volumes published in one year may be. However, the volume, rather than the title, should be taken as the statistical unit in the following cases: (i) when two or more separate works are published under the same cover and form a single publication (complete works of an author, selected plays by various authors, etc.); (ii) when a work appears in several volumes, each volume having a diﬀerent title and forming a separate whole. Diﬀerent language versions of the same title published in a particular country should be considered as individual titles. Reprints should not be counted in the number of titles, but only in the number of copies.

14. Statistics on copies should, depending on the type of information requested, be shown in the number of copies printed (print-run) and in the number of copies sold or otherwise distributed. The ﬁgures on copies should also indicate the value of book production and distribution.

Classification 15. Statistics on the production of book titles and copies should, in the ﬁrst place, be classiﬁed according to twenty-ﬁve subject groups, based upon the Universal Decimal Classiﬁcation (UDC). The ﬁgures given in parentheses refer to the corresponding UDC headings: 1. Generalities (0); 2. Philosophy, psychology (1); 3. Religion, theology (2); 4. Sociology, statistics (30–31); 5. Political science, political economy (32–33); 6. Law, public administration, welfare, social relief, insurance (34, 351–354, 36); 7. Military art and science (355–359); 8. Education (37); 9. Trade, communications, transport (38); 10. Ethnography, manners and customs, folklore (39); 11. Linguistics, philology (4); 12. Mathematics (51); 13. Natural sciences (52–59); 14. Medical sciences, public health (61); 15. Technology, industries, trades and crafts (62, 66–69); 16. Agriculture, forestry, stockbreeding, hunting, ﬁshing (63); 17. Domestic science (64); 18. Commercial and business management techniques, communications, transport (65); 19. Town planning, architecture (70–72); 20. Plastic arts, minor arts, photography (73–77); 21. Music, ﬁlm, cinema, theatre, radio, television (78, 791–792); 22. Entertainment, pastimes, games, sports (790, 793–799); 23. Literature (8): (a) History of literature and literacy criticism, (b) Literary texts; 24. Geography, travel (91); 25. History, biography (92–99). School textbooks, children’s books, government publications and university theses, already identiﬁed in the above-mentioned twenty-ﬁve subject groups, should also be counted separately in the four following additional groups: (a) school textbooks, (b) children’s books, (c) government publications and (d) university theses. Comic books are to be counted as a separate category and are not to be reclassiﬁed and counted again within the twenty-ﬁve subject groups. Each of these groups should be subdivided as follows:

598

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(a) (b)

(c)

According to the number of the publication’s pages, into: books and pamphlets. According to language: for the total production of publications, by language of publication and, for translations only, by original language. Bilingual or multilingual works should form a separate group, namely: ‘works in two or more languages’. According to order of publication, into: ﬁrst editions, and re-editions.

16. With regard to the reporting of statistics on book sales and on the international trade of books, the following classiﬁcation for the diﬀerent types of books should be used: • Fiction • School textbooks • Children’s books • Government publications Scientiﬁc books including university theses, which should be further subdivided into: • Generalities • Philosophy/Psychology • Religion/Theology • Social Sciences • Linguistics/Philology • Pure Sciences • Applied Sciences • Arts • Geography/History 17. Selling points (retail outlets) should be classiﬁed as follows: • Bookshops • Department stores • News-stands/Bookstalls • Stationers • Book clubs • Mail order • Direct from publisher • Other

Presentation of statistical data 18. Statistics on the types of data indicated below should be drawn up annually for data on book production and biennially for data on book distribution, and the information given should conform as far as possible to the deﬁnitions and classiﬁcations set forth in the preceding paragraphs. Any discrepancies that may appear between these deﬁnitions and classiﬁcations and those customarily used at the national level should be pointed out. The types of data to be compiled and reported are: (a) total number of titles, classiﬁed by subject (UDC), and a distinction being made, in each subject, ﬁrstly, between books and pamphlets, and, secondly, between ﬁrst editions and re-editions;

Recommendations Adopted by the General Conference

(b)

(c) (d) (e) (f) (g) (h) (i) (j)

599

total number of copies, classiﬁed by subject (UDC) for (i) books and (ii) pamphlets, a distinction being made between copies of ﬁrst editions (and their reprints) and copies of re-editions (and their reprints); total number of titles, classiﬁed both by subject (UDC) and by language of publication; total number of copies, classified by subject (UDC) and by language of publication; total number of titles, classiﬁed both by subject and by original language (statistics of translations); total number of copies, classiﬁed both by subject and by original language (statistics of translations); exports and imports of books, in terms of value (in national currency) and by trading countries; retail sales of books, by number and type of retail outlets as well as by volume and value of retail sales; volume of retail sales, by type of retail outlet (see classiﬁcation in paragraph 17) and type of book (see classiﬁcation in paragraph 16 above); value of retail sales, by type of retail outlet (see classiﬁcation in paragraph 17) and type of book (see classiﬁcation in paragraph 16 above).

III. Statistics on newspapers and periodicals Scope 19. Statistics of the newspapers and periodicals referred to in this Recommendation should cover all periodic publications corresponding to the characteristics and general deﬁnitions mentioned in paragraphs 1 to 8 above. 20. The following types of publications, inter alia, should be included in statistics of newspapers and periodicals: (a) Government periodicals, i.e. periodicals published by public administrations or their subsidiary bodies, including compilations of laws, regulations, etc., except for those which are conﬁdential or designed for internal distribution only; (b) Academic and scientiﬁc journals, i.e. university journals, the publications of research institutes and other learned or cultural societies, etc.; (c) Periodicals of professional, trade union, political or sport organizations, etc., even if they are distributed only to their own members; (d) Publications appearing annually or less frequently; (e) Parish magazines; (f) School magazines and school newspapers; (g) ‘House organs’, i.e. publications intended for the employees of an industrial or commercial ﬁrm or some similar enterprise or for the clients of the ﬁrms;

600

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(h)

Entertainment, radio and television programmes, if published in magazine or quasimagazine form, i.e. with literary texts presenting or commenting on some of the programmes.

Definitions 21. In compiling statistics of periodic publications, the following deﬁnitions should be used: (a) Newspapers are periodic publications intended for the general public and mainly designed to be a primary source of written information on current events connected with public aﬀairs, international questions, politics, etc. They may also include articles on literary or other subjects, as well as illustrations and advertising. This deﬁnition includes: (i) daily newspapers, i.e. newspapers mainly reporting events that have occurred in the 24-hour period before going to press; (ii) non-daily newspapers which give news covering a longer period but which, either owing to their local nature or for other reasons, provide their readers with a primary source of general information. (b) Periodicals are those periodic publications which are either concerned with subjects of general interest or else mainly carry studies and factual information on such specialized subjects as legislation, ﬁnance, trade, medicine, fashion, sports, etc. This deﬁnition covers specialized journals, reviews, including those reviews dealing with current events whose aim is to select, condense or comment on facts which have already been reported in newspapers, magazines and other periodicals, with the exception of the publications mentioned in paragraph 2 of this Recommendation.

Methods of enumeration 22. Statistics of newspapers and periodicals should show the total number of publications (in terms of titles), the number of copies printed and the circulation. 23. In enumerating the total number of periodic publications, the following principles should be adopted: (a) The following should not be considered as separate publications: (i) provincial or local editions of the same newspaper without substantial diﬀerence in news or editorial content; a mere diﬀerence in title or in the local news pages is not suﬃcient for the publication to be considered as a separate newspaper; (ii) supplements not sold separately. (b) On the other hand, publications in the following categories should be considered as separate publications: (i) provincial or local editions diﬀering substantially from the main publication in news or editorial content; (ii) supplements sold separately; (iii) special editions (such as Sunday newspapers, etc.);

Recommendations Adopted by the General Conference

601

(iv) morning and evening dailies, provided they have separate titles or constitute separate legal entities; (v) diﬀerent language editions of the same publication, if published in a particular country. 24. Circulation ﬁgures should show the average daily circulation or the average circulation per issue in the case of non-daily publications. These ﬁgures should include the number of copies: (a) sold directly; (b) sold by subscription; (c) mainly distributed free of charge; circulation ﬁgures should refer to the number of copies distributed both inside the country and abroad. 25. The number of copies printed should, unlike the circulation ﬁgures, also include the number of unsold copies (returns).

Classifications 26. Periodic publications should, ﬁrst of all, be subdivided into newspapers and periodicals. Statistics relating to newspapers should, as far as possible, be classiﬁed as follows: (a) by language: publications issued in bilingual or multilingual editions should be placed in a separate category; (b) by frequency: (i) dailies, i.e. newspapers published at least four times a week; (ii) non-dailies, i.e. newspapers published three times a week or less frequently; a further distinction should also be made between non-dailies published two or three times a week, once a week or less frequently. 27. Statistics relating to periodicals should be classiﬁed as follows: (a) by language: publications issued in bilingual or multilingual editions should be placed in a separate category; (b) by frequency: periodicals which appear: (i) at least four times a week; (ii) from one to three times a week; (iii) two or three times a month; (iv) from eight to twelve times a year; (v) from ﬁve to seven times a year; (vi) from two to four times a year; (vii) once a year or at longer intervals; (viii) irregularly. (c) by type; for a breakdown of international statistics on periodicals, the following classiﬁcation system should be used: A. Periodicals aimed at the general public: (i) Illustrated magazines providing news and reporting: magazines whose main purpose is to report and comment upon current events and which devote considerable space to pictures;

602 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(ii) Political, philosophical, religious and cultural publications: publications whose main purpose is to take part in the ﬂow of ideas, political discussion and cultural research, and which may well have a speciﬁc political or partisan focus; (iii) Women’s and men’s magazines and family magazines: publications aimed at a speciﬁcally female or male readership, lacking any speciﬁc political focus (hence excluding feminist reviews, classiﬁed under (ii)), and devoting considerable space to pictures; publications whose main purpose is to provide practical, legal and technical information on matters of everyday life (health care, food, consumerism, taxation, etc.); (iv) Radio, television and cinema magazines: publications whose main purpose is to provide radio, television and cinema times and programmes (together with commentaries) and to provide information of topical interest on these media and the way in which they function; (v) Publications devoted to tourism, travel, leisure and sports: publications devoted to intellectual pastimes, hobbies and games, and whose main purpose is to provide information on a speciﬁc activity engaged in as a hobby or to serve as an aid thereto; (vi) Popular historical and geographical publications; (vii) Popular scientiﬁc and technical publications: publications mainly designed to provide an open-ended readership (not defined by their training, qualiﬁcations or occupation) with simpliﬁed information on the evolution of science and technology, regardless of the discipline involved (mathematics, natural sciences, medicine, electronics, etc.); (viii) Publications for young people and children, comics and picture magazines; (ix) Periodicals not elsewhere classiﬁed, including periodicals published by public administrations or their subsidiary bodies (aimed at the general public). B. Periodicals for a speciﬁc readership: (i) professional journals, viz. technical, scientiﬁc and research; (ii) trade union, political party, association journals, etc.; (iii) mutual beneﬁt society journals; (iv) business house organs; (v) parish magazines; (vi) certain periodicals published by public administrations and their subsidiary bodies, for a restricted readership.

Presentation of statistical data 28. Statistics on the types of data indicated below should be drawn up every two years and relate to each of the two years preceding the survey year. The information given should conform as far as possible to the deﬁnitions and classiﬁcations set forth in the preceding paragraphs. Attention should be drawn to any diﬀerences between such deﬁnitions and classiﬁcations and those customarily used at the national level. The types of data to be reported are:

Recommendations Adopted by the General Conference

(a) (b) (c) (d)

603

Newspapers and periodicals: total number of periodic publications and their circulation, classiﬁed by frequency and by main language of publication; Periodicals: number of titles and circulation, classiﬁed by frequency and by type (see classiﬁcation in paragraph 27 above); Periodic publications: total number of titles, circulation, returns and publishing turnover by type of publication; Exports and imports of periodic publications in terms of value (in national currency) and by trading countries.

IV. Statistics on the publishing industry Scope 29. The statistics on the publishing industry referred to in this Recommendation are intended to provide information on a standardized basis about enterprises engaged in the publishing and printing of books, newspapers and periodicals.

Definitions 30. The following deﬁnitions should be used for the drawing up of statistics on the publishing industry: (a) Publishing house: an enterprise of whatever legal status whose predominant business activity is (in terms of turnover) publishing. (b) Other publishers: institutions for which publishing is a subsidiary activity. (c) Publishing turnover: the value of business activity (expressed in national currency) which is attributable to publishing. (d) Printing house: establishment in which printing is done. (e) Printing turnover: the value of business activity (expressed in national currency) which is attributable to printing. (f) Publishing personnel: all persons engaged in publishing activities of a given enterprise, including employer(s), employees and self-employed. Part-time personnel should be reported in full-time equivalent. (g) Printing personnel: all persons engaged in the printing activities of a given enterprise, including employer(s), employees and self-employed. Part-time personnel should be reported in full-time equivalent.

Enumeration and classification of data 31. Statistics of publishing and printing houses should show for the country the total number of enterprises engaged in publishing and/or printing activities. 32. In reporting statistics on publishing houses, a distinction should be made between: (a) publishing houses strictly speaking, i.e. enterprises either private or public whose main business activity is publishing of printed matter, and (b) other publishers, i.e. institutions (academies, universities, faculties, scientific, political, religious, sports and other

604 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

organizations, economic and commercial institutions, etc.) for which publishing is a subsidiary activity. With regard to the ﬁrst category, i.e. publishing houses, there should be a further subdivision according to the type of printed matter published: aa. publishers of books only ab. publishers of newspapers only ac. publishers of periodicals only ad. publishers of books and periodic publications. 33. The number of printing houses should be similarly subdivided into enterprises which print exclusively books or newspapers or periodicals, and those which print two of these types of publication or all three at the same time. The total output of printing houses is to be measured in terms of copies printed (print-run) and turnover.

Presentation of statistical data 34. Statistics on the types of data indicated below should be compiled biennially and the information given should conform to the deﬁnitions and classiﬁcations set forth in the preceding paragraphs. These types of data are: (a) For the diﬀerent types of publishing houses (as described in paragraph 32), the following information should be given: number of enterprises, personnel, publishing turnover (from sales and from advertising) and number of titles published, separately for books, newspapers and periodicals. (b) For the diﬀerent types of printing houses (as described in paragraph 33) the following information should be given: number of enterprises, personnel, as well as volume and value of production, separately for books, newspapers and periodicals. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its twenty-third session, which was held in Soﬁa and declared closed on the ninth day of November 1985. IN FAITH WHEREOF we have appended our signatures The President of the General Conference The Director-General

Recommendations Adopted by the General Conference

605

Recommendation on the Safeguarding of Traditional Culture and Folklore adopted by the General Conference of UNESCO at its 25th session, Paris, 15 November 1989 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 17 October to 16 November 1989, at its twentyﬁfth session, Considering that folklore forms part of the universal heritage of humanity and that it is a powerful means of bringing together diﬀerent peoples and social groups and of asserting their cultural identity, Noting its social, economic, cultural and political importance, its role in the history of the people, and its place in contemporary culture, Underlining the speciﬁc nature and importance of folklore as an integral part of cultural heritage and living culture, Recognizing the extreme fragility of the traditional forms of folklore, particularly those aspects relating to oral tradition, and the risk that they might be lost, Stressing the need in all countries for recognition of the role of folklore and the danger it faces from multiple factors, Judging that the governments should play a decisive role in the safeguarding of folklore, and that they should act as quickly as possible, Having decided, at its twenty-fourth session, that the safeguarding of folklore should be the subject of a recommendation to Member States within the meaning of Article IV, paragraph 4, of the Constitution, Adopts the present Recommendation this ﬁfteenth day of November 1989. The General Conference recommends that Member States should apply the following provisions concerning the safeguarding of folklore by taking whatever legislative measures or other steps may be required, in conformity with the constitutional practice of each State, to give eﬀect within their territories to the principles and measures deﬁned in this Recommendation. The General Conference recommends that Member States bring this Recommendation to the attention of the authorities, departments or bodies responsible for matters relating to the safeguarding of folklore, and to the attention of the various organizations or institutions concerned with folklore, and encourage their contacts with appropriate international organizations dealing with the safeguarding of folklore. The General Conference recommends that Member States should, at such times and in such manner as it shall determine, submit to the Organization reports on the action they have taken to give eﬀect to this Recommendation.

606 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

A. Deﬁnition of folklore For purposes of this Recommendation: ‘Folklore’ (or traditional and popular culture) is the totality of tradition-based creations of a cultural community, expressed by a group or individuals and recognized as reﬂecting the expectations of a community in so far as they reﬂect its cultural and social identity; its standards and values are transmitted orally, by imitation or by other means. Its forms are, among others, language, literature, music, dance, games, mythology, rituals, customs, handicrafts, architecture and other arts.

B. Identiﬁcation of folklore Folklore, as a form of cultural expression, must be safeguarded by and for the group (familial, occupational, national, regional, religious, ethnic, etc.) whose identity it expresses. To this end, Member States should encourage appropriate survey research on national, regional and international levels with the aim to: (a) develop a national inventory of institutions concerned with folklore, with a view to its inclusion in regional and global registers of folklore institutions; (b) create identiﬁcation and recording systems (collection, cataloguing, transcription), or develop those that already exist, by way of handbooks, collecting guides, model catalogues, etc., in view of the need to coordinate the classiﬁcation systems used by diﬀerent institutions; (c) stimulate the creation of a standard typology of folklore by way of: (i) a general outline of folklore for global use; (ii) a comprehensive register of folklore; and (iii) regional classiﬁcation of folklore, especially ﬁeld-work pilot projects.

C. Conservation of folklore Conservation is concerned with documentation regarding folk traditions, and its object is, in the event of the non-utilization or evolution of such traditions, to give researchers and tradition-bearers access to data enabling them to understand the process through which tradition changes. While living folklore, owing to its evolving character, cannot always be directly protected, folklore that has been ﬁxed in a tangible form should be eﬀectively protected. To this end, Member States should: (a) establish national archives where collected folklore can be properly stored and made available; (b) establish a central national archive function for service purposes (central cataloguing, dissemination of information on folklore materials and standards of folklore work including the aspect of safeguarding); (c) create museums or folklore sections at existing museums, where traditional and popular culture can be exhibited;

Recommendations Adopted by the General Conference

(d)

(e) (f) (g)

607

give precedence to ways of presenting traditional and popular cultures that emphasize the living or past aspects of those cultures (showing their surroundings, ways of life, and the works, skills and techniques they have produced); harmonize collecting and archiving methods; train collectors, archivists, documentalists and other specialists in the conservation of folklore, from physical conservation to analytic work; provide means for making security and working copies of all folklore materials, and copies for regional institutions, thus securing the cultural community an access to the materials.

D. Preservation of folklore Preservation is concerned with protection of folk traditions and those who are the transmitters, having regard to the fact that each people has a right to its own culture and that its adherence to that culture is often eroded by the impact of the industrialized culture purveyed by the mass media. Measures must be taken to guarantee the status of, and economic support for, folk traditions, both in the communities which produce them and beyond. To this end, Member States should: (a) design and introduce into both formal and out-of-school curricula the teaching and study of folklore in an appropriate manner, laying particular emphasis on respect for folklore in the widest sense of the term, taking into account not only village and other rural cultures but also those created in urban areas by diverse social groups, professions, institutions, etc., and thus promoting a better understanding of cultural diversity and diﬀerent world views, especially those not reﬂected in dominant cultures; (b) guarantee the right of access of various cultural communities to their own folklore by supporting their work in the ﬁelds of documentation, archiving, research, etc., as well as in the practice of traditions; (c) set up on an interdisciplinary basis a National Folklore Council or similar coordinating body in which various interest groups will be represented; (d) provide moral and economic support for individuals and institutions studying, making known, cultivating, or holding items of folklore; (e) promote scientiﬁc research relevant to the preservation of folklore.

E. Dissemination of folklore The attention of people should be drawn to the importance of folklore as an ingredient of cultural identity. It is essential for the items that make up this cultural heritage to be widely disseminated so that the value of folklore and the need to preserve it can be recognized. However, distortion during dissemination should be avoided so that the integrity of the traditions can be safeguarded. To promote a fair dissemination, Member States should: (a) encourage the organization of national, regional and international events such as fairs, festivals, ﬁlms, exhibitions, seminars, symposia, workshops, training courses, congresses, etc., and support the dissemination and publication of their materials, papers and other results;

608 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b)

(c)

(d)

(e)

(f)

(g)

encourage a broader coverage of folklore material in national and regional press, publishing, television, radio and other media, for instance through grants, by creating jobs for folklorists in these units, by ensuring the proper archiving and dissemination of these folklore materials collected by the mass media, and by the establishment of departments of folklore within those organizations; encourage regions, municipalities, associations and other groups working in folklore to establish full-time jobs for folklorists to stimulate and coordinate folklore activities in the region; support existing units and the creation of new units for the production of educational materials, as, for example, video-ﬁlms based on recent ﬁeldwork, and encourage their use in schools, folklore museums, national and international folklore festivals and exhibitions; ensure the availability of adequate information on folklore through documentation centres, libraries, museums, archives, as well as through special folklore bulletins and periodicals; facilitate meetings and exchanges between individuals, groups and institutions concerned with folklore, both nationally and internationally, taking into account bilateral cultural agreements; encourage the international scientiﬁc community to adopt a code of ethics ensuring a proper approach to, and respect for, traditional cultures.

F. Protection of folklore In so far as folklore constitutes manifestations of intellectual creativity, whether it be individual or collective, it deserves to be protected in a manner inspired by the protection provided for intellectual productions. Such protection of folklore has become indispensable as a means of promoting further development, maintenance and dissemination of those expressions, both within and outside the country, without prejudice to related legitimate interests. Leaving aside the ‘intellectual property aspects’ of the protection of expressions of folklore, there are various categories of rights which are already protected and should continue to enjoy protection in the future in folklore documentation centres and archives. To this end, Member States should: (a) regarding the ‘intellectual property’ aspects, call the attention of relevant authorities to the important work of UNESCO and WIPO in relation to intellectual property, while recognizing that this work relates to only one aspect of folklore protection and that the need for separate action in a range of areas to safeguard folklore is urgent; (b) regarding the other rights involved: (i) protect the informant as the transmitter of tradition (protection of privacy and conﬁdentiality); (ii) protect the interest of the collector by ensuring that the materials gathered are conserved in archives in good condition and in a methodical manner; (iii) adopt the necessary measures to safeguard the materials gathered against misuse, whether intentional or otherwise;

Recommendations Adopted by the General Conference

609

(iv) recognize the responsibility of archives to monitor the use made of the materials gathered.

G. International cooperation In view of the need to intensify cultural cooperation and exchanges, in particular through the pooling of human and material resources, in order to carry out folklore development and revitalization programmes, as well as research made by specialists who are the nationals of one Member State on the territory of another Member State, Member States should: (a) cooperate with international and regional associations, institutions and organizations concerned with folklore; (b) cooperate in the ﬁeld of knowledge, dissemination and protection of folklore, in particular through: (i) exchanges of information of every kind, exchanges of scientiﬁc and technical publications; (ii) training of specialists, awarding of travel grants, sending of scientiﬁc and technical personnel and equipment; (iii) the promotion of bilateral or multilateral projects in the ﬁeld of the documentation of contemporary folklore; (iv) the organization of meetings between specialists, of study courses and of working groups on particular subjects, especially on the classifying and cataloguing of folklore data and expressions, and on modern methods and techniques in research; (c) cooperate closely so as to ensure internationally that the various interested parties (communities, or natural or legal persons) enjoy the economic, moral and socalled neighbouring rights resulting from the investigation, creation, composition, performance, recording and/or dissemination of folklore; (d) guarantee Member States on whose territory research has been carried out the right to obtain, from the Member States concerned, copies of all documents, recordings, video-ﬁlms, ﬁlms and other material; (e) refrain from acts likely to damage folklore materials or to diminish their value or impede their dissemination or use, whether these materials are to be found on their own territory or on the territory of other States; (f) take necessary measures to safeguard folklore against all human and natural dangers to which it is exposed, including the risks deriving from armed conﬂicts, occupation of territories, or public disorders of other kinds. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its twenty-ﬁfth session, which was held in Soﬁa and declared closed on the sixteenth day of November 1985. IN FAITH WHEREOF we have appended our signatures The President of the General Conference The Director-General

610 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Recommendation on the Recognition of Studies and Qualiﬁcations in Higher Education adopted by the General Conference of UNESCO at its 27th session, Paris, 13 November 1993 Preamble The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization (UNESCO), meeting in Paris from 25 October to 16 November 1993, at its twenty-seventh session, Recalling that, as stated in its Constitution, ‘The purpose of the Organization is to contribute to peace and security by promoting collaboration among the nations through education, science and culture’, Conscious of the fact that education is a human right, and that higher education, which is instrumental in the pursuit and advancement of knowledge, constitutes an exceptionally rich cultural and scientiﬁc asset, Considering that knowledge is universal, being part of the common heritage of humankind, and that means of making knowledge and learning more accessible to each individual must be sought, Aware that the great diversity of the cultures and higher education systems existing in the world constitutes an exceptional resource that must be preserved, promoted and fostered, Considering that higher education increasingly has an international dimension, owing to the rapid expansion and internationalization of knowledge and to the links and solidarity established within the scientiﬁc and university community, and that wider access to educational resources worldwide through greater mobility for students, researchers, teachers and specialists is essential to this international dimension, Considering that, given the great diversity of the laws, regulations, practices and traditions that determine the organization and functions of higher education systems and institutions, and the diversity of the constitutional, legal and regulatory requirements and arrangements regulating the practice of professions, it is essential, for the purpose of access to, and pursuance and completion of, higher education, and for preparation for the practice of professions, to put into practice policies of evaluation of competence that take into account not only the qualiﬁcations obtained but also courses of study taken, and skills, knowledge and experience acquired, Bearing in mind the need for mutual recognition of studies and qualiﬁcations in higher education by all competent authorities and institutions as a means of increasing mobility of persons and the exchange of ideas, knowledge, and scientiﬁc and technological

Recommendations Adopted by the General Conference

611

experience, and in order ultimately to promote improvements everywhere in the quality of higher education, Considering that this recognition will also promote: • an overall increase in the number of people able to benefit from higher education, • the best possible use by all countries of the means available for education and training, and the development of human resources, • greater mobility for teachers, students, researchers and professionals, • a reduction in the diﬃculties encountered by persons who have been trained or educated abroad and who wish to study or practice a profession, • a rapprochement and better understanding between cultures and peoples, with mutual respect for their diversity, Considering that the six regional conventions on the recognition of studies and qualiﬁcations in higher education already adopted under the aegis of UNESCO have proved the worth of international cooperation in this ﬁeld, and that in order to come closer to the ultimate objective set by the General Conference they should be supplemented by a universal standard-setting instrument, Adopts the present Recommendation this thirteenth day of November 1993.

I. Deﬁnitions 1. For the purposes of this Recommendation and without prejudice to the deﬁnitions States may use in their internal administrative systems and laws: (a) ‘higher education’ means all types of studies, training or training for research at the post-secondary level, provided by universities or other educational establishments that are approved as institutions of higher education by the competent State authorities; (b) ‘qualiﬁcation in higher education’ means any diploma, degree or other qualifying certiﬁcate that is awarded by an institution of higher education, or another appropriate authority, that establishes that the holder has successfully completed a course of study and qualiﬁes him or her either to continue to a further stage of study or to practise a profession not requiring further special preparation; (c) ‘partial studies’ means any homogeneous fraction of a course at the ﬁrst stage or at more advanced stages of higher studies that has been evaluated and authenticated and, while not a complete course in itself, can be equated with a signiﬁcant acquisition of knowledge or skill; (d) ‘secondary education’ means studies of any kind that follow primary, elementary or basic education and are a prerequisite for admission to higher education; (e) ‘recognition’ of a foreign qualiﬁcation in higher education means its acceptance by the competent authorities of the State concerned (whether they be governmental or non-governmental) as entitling its holder to be considered under the same conditions as those holding a comparable qualiﬁcation

612 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(f)

(g)

(h)

awarded in that State and deemed comparable, for the purposes of access to or further pursuit of higher education studies, participation in research, the practice of a profession if this does not require the passing of examinations or further special preparation, or all the foregoing, according to the scope of the recognition; ‘recognition’ of a foreign certiﬁcate of secondary education for the purpose of undertaking studies at the higher level means its acceptance by the competent authorities of the State concerned as entitling its holder to be considered for admission to its higher education institutions under the same conditions as the holder of a comparable qualiﬁcation or certiﬁcate awarded in that State; ‘recognition’ of a foreign qualiﬁcation or of a foreign certiﬁcate of partial studies of higher education means acceptance by the competent authorities of the State concerned that the holder is entitled to be considered for further studies at its higher education and research institutions under the same conditions as those pertaining to the holder of a comparable qualiﬁcation or certiﬁcate awarded in that State; ‘recognition’ of a foreign qualiﬁcation in higher education with a view to the practice of a profession means acceptance by the competent authorities of the professional preparation of the holder for the practice of the profession concerned, without prejudice, however, to the legal and professional rules or procedures in force in the States concerned and provided the holder would be entitled to practise the same profession in the State in which the professional preparation and qualiﬁcation had been obtained; such recognition does not exempt the holder of the foreign qualiﬁcation from complying with any other conditions for the practice of the profession concerned that may be laid down by the competent governmental or professional authorities in the States concerned.

2. Recognition of a qualiﬁcation or certiﬁcate may not give a greater right to consideration in another State than in the State in which it was conferred.

II. Aims and undertakings General measures 3. When considering the measures to be taken to achieve broader recognition of qualiﬁcations in higher education, Member States should apply the provisions spelled out below by taking whatever legislative or other steps may be required to give eﬀect, within their respective territories, to the principles set forth in this Recommendation. 4. Member States that have not done so should be encouraged to become parties to the regional conventions on the recognition of studies, diplomas and degrees in higher education and make every eﬀort to contribute to reinforcing the work of the regional committees for the application of these conventions.

Recommendations Adopted by the General Conference

613

5. Member States should bring this Recommendation to the knowledge of the authorities, agencies and organizations concerned, whether governmental or non-governmental, particularly institutions of higher education, validating bodies, professional organizations and other educational institutions and associations. 6. All Member States, as well as those non-Member States that are already parties to one or more regional conventions, should examine the provisions of this Recommendation and take measures to implement them. 7. Member States should submit to the General Conference of UNESCO, on the dates and in the form determined by it, reports on the action undertaken, the measures adopted and progress achieved by them in the application of this Recommendation.

National policies and practices 8. Member States should take all feasible steps within the framework of their national systems and in conformity with their constitutional, legal and regulatory provisions to encourage the competent authorities concerned to give recognition, as defined in paragraph 1(f), to certiﬁcates of secondary education and other diplomas necessary for access to higher education, awarded in other Member States, with a view to enabling their holders to undertake studies in institutions of higher education situated in the territory of the receiving State, subject to all academic admission requirements obtaining for nationals of that State. Admission to an institution of higher education may nevertheless be dependent on other conditions, such as the availability of places, the passing of entrance examinations, or adequate knowledge of the language of instruction. 9. Member States should take all feasible steps within the framework of their national systems and in conformity with their constitutional, legal and regulatory provisions to encourage the competent authorities concerned to give recognition, as defined in paragraph 1(e), to qualiﬁcations in higher education that are awarded in the other Member States, with a view to enabling their holders to pursue further studies, training or training for research in their institutions of higher education, subject to all academic admission requirements obtaining for nationals of that State. Member States should also take steps to deﬁne procedures for the recognition, as deﬁned in paragraph 1(g), of partial studies carried out in higher education institutions in the other States, for the purpose of the pursuit of higher education. In evaluating a qualiﬁcation obtained abroad for the purpose of further studies, authorities should take into account the stages of study in the country in which the qualiﬁcation was obtained, in order to permit people having completed one stage to continue to the next stage when they move to another country. Admission to an institution of higher education for the purpose of pursuing further studies, may, nevertheless, be dependent on other conditions, such as the availability of places, the passing of entrance examinations, or adequate knowledge of the language of instruction. 10. Member States should take all feasible steps within the framework of their national systems and in conformity with their constitutional, legal and regulatory provisions, to facilitate recognition of preparation at the higher education level for the practice of a profession, as deﬁned in paragraph 1(h). To that eﬀect, policies should be evolved, in

614 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

cooperation with all the parties concerned (such as higher education institutions, professional associations, governmental bodies and employers’ associations), that favour objective evaluation of skills and qualiﬁcations obtained abroad, with a view to enabling people to practise the professions for which they have been trained or which they have already practiced, and in order to favour optimum use of human resources available and the full integration into society of all of its members. 11. In establishing procedures for the evaluation of qualiﬁcations for all the purposes mentioned under paragraphs 8 to 10 above, the competent authorities and institutions concerned should take into account the wide diversity of institutions, types of study, programme content and teaching methods, including distance teaching and other nontraditional forms of higher education. In evaluating the comparability of a foreign qualiﬁcation, authorities should also take into account the rights that would have been enjoyed by its holder in the country in which it was obtained. 12. Member States should set up national bodies or designate, and if necessary reinforce, existing bodies and facilitate the functioning of these bodies so that they can coordinate matters relating to the application of this Recommendation and cooperate with the existing committees for the application of the regional conventions. Since attainment of the aims and application of the provisions of this Recommendation requires close cooperation and coordination of the eﬀorts of a great variety of national authorities, all the authorities concerned should be encouraged to cooperate, whether they be governmental or nongovernmental, particularly institutions of higher education, validating bodies, professional organizations and other educational institutions and associations. 13. Institutions of higher education in each Member State should work together and with national bodies in order to establish, as far as possible, common or comparable policies with respect to the evaluation of qualiﬁcations, in line with the principles set forth in this Recommendation. 14. Member States should take all feasible steps within the framework of their national systems and in conformity with their constitutional, legal and regulatory provisions to alleviate the diﬃculties encountered by those returning home after having studied abroad and wishing to pursue their studies or practice a profession, so that the reintegration of such persons into the life of the home country may be achieved in the manner most beneﬁcial both to the individual and to the community concerned. This could entail, among other things, steps to be taken by mutual agreement with all the parties involved so that persons returning do not experience undue delays in obtaining evaluation of their qualiﬁcations and decisions concerning recognition. Member States should encourage the establishment of mechanisms whereby individuals can present documents and other evidence of competence and skills when disagreements arise between individuals and institutions. 15. Member States should take all feasible steps within the framework of their national systems and in conformity with their constitutional, legal and regulatory provisions in order to develop procedures designed to assess fairly and expeditiously the skills and

Recommendations Adopted by the General Conference

615

competence, acquired through higher education, of refugees and displaced persons who cannot provide documentary evidence of their studies. 16. In the case of a higher education institution in the territory of a State not under the direct or indirect authority of that State but under separate and independent authorities, the national authorities should transmit the text of this Recommendation to the institution concerned so that the institution can put its provisions into practice. 17. Eligibility for recognition should not be dependent on nationality or legal status.

International cooperation: development and exchange of relevant information 18. Member States, in cooperation with regional networks where possible, should improve the exchange of information, by such measures as establishing and communicating to each other regularly updated lists of approved institutions of higher education situated in their territories; for this purpose, in each State, national bodies in charge of matters relating to this Recommendation could be reinforced and given the task of establishing such lists and communicating to other bodies specific recognition problems. 19. Member States should encourage the setting up of mechanisms such as evaluation and accrediting bodies for the purpose of assuring the quality of higher education studies and should encourage international cooperation among such mechanisms and bodies. 20. Member States should work together, through competent authorities, bodies and institutions, to facilitate the comparison of subjects of study, credits and qualiﬁcations, by such measures as exchanging relevant information for evaluating them and undertaking comparative studies on evaluation criteria and on national terminologies of higher education so as to harmonize their mutual understanding and interpretation.

Bilateral and multilateral agreements 21. Member States should take measures at the international level, by way of bilateral, multilateral or other agreements, to achieve the aims and accelerate the progressive application of this Recommendation. 22. Member States should encourage international cooperation among higher education institutions through such measures as bilateral and multilateral agreements and other networking arrangements in order to achieve widespread recognition of studies and qualiﬁcations. 23. When appropriate, the committees responsible for the application of the conventions on the recognition of studies, diplomas and degrees in higher education should cooperate in cataloguing bilateral and other agreements between States and between institutions, and in making them more widely known, in order to encourage and intensify the establishment of such agreements.

616 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

24. The provisions of this Recommendation should apply to studies pursued at, and to qualiﬁcations obtained from, any institution of higher education coming under the authority of a Member State, even when that institution is situated outside its territory, provided that both the competent authorities of that State and those of the State in which the institution is situated recognize its qualiﬁcations in the same way as those awarded by institutions of their systems of higher education. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its twenty-seventh session, which was held in Paris and declared closed on the sixteenth day of November 1993. IN FAITH WHEREOF we have appended our signatures The President of the General Conference The Director-General

Recommendations Adopted by the General Conference

617

Recommendation concerning the Status of HigherEducation Teaching Personnel adopted by the General Conference of UNESCO at its 29th session, Paris, 11 November 1997 Preamble The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization (UNESCO), meeting in Paris from 21 October to 12 November 1997, at its twenty-ninth session, Conscious of the responsibility of States for the provision of education for all, in fulﬁlment of Article 26 of the Universal Declaration of Human Rights (1948), Recalling in particular the responsibility of the States for the provision of higher education, in fulﬁlment of Article 13, paragraph 1(c), of the International Covenant on Economic, Social and Cultural Rights (1966), Conscious that higher education and research are instrumental in the pursuit, advancement and transfer of knowledge and constitute an exceptionally rich cultural and scientiﬁc asset, Also conscious that governments and important social groups, such as students, industry and labour, are vitally interested in and beneﬁt from the services and outputs of the higher education systems, Recognizing the decisive role of higher-education teaching personnel in the advancement of higher education, and the importance of their contribution to the development of humanity and modern society, Convinced that higher-education teaching personnel, like all other citizens, are expected to endeavour to enhance the observance in society of the cultural, economic, social, civil and political rights of all peoples, Aware of the need to reshape higher education to meet social and economic changes and for higher-education teaching personnel to participate in this process, Expressing concern regarding the vulnerability of the academic community to untoward political pressures which could undermine academic freedom, Considering that the right to education, teaching and research can only be fully enjoyed in an atmosphere of academic freedom and autonomy for institutions of higher education, and that the open communication of ﬁndings, hypotheses and opinions lies at the very heart of higher education and provides the strongest guarantee of the accuracy and objectivity of scholarship and research, Concerned to ensure that higher-education teaching personnel enjoy the status commensurate with this role,

618 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Recognizing the diversity of cultures in the world, Taking into account the great diversity of the laws, regulations, practices and traditions which, in diﬀerent countries, determine the patterns and organization of higher education, Mindful of the diversity of arrangements which apply to higher-education teaching personnel in diﬀerent countries, in particular according to whether the regulations concerning the public service apply to them, Convinced nevertheless that similar questions arise in all countries with regard to the status of higher-education teaching personnel, and that these questions call for the adoption of common approaches and, so far as practicable, the application of common standards which it is the purpose of this Recommendation to set out, Bearing in mind such instruments as the UNESCO Convention against Discrimination in Education (1960), which recognizes that UNESCO has a duty not only to proscribe any form of discrimination in education, but also to promote equality of opportunity and treatment for all in education at all levels, including the conditions under which it is given, as well as the Recommendation concerning the Status of Teachers (1966), and the UNESCO Recommendation on the Status of Scientiﬁc Researchers (1974), as well as the instruments of the International Labour Organization on freedom of association and the right to organize and to collective bargaining and on equality of opportunity and treatment, Desiring to complement existing conventions, covenants and recommendations contained in international standards, set out in the appendix, with provisions relating to problems of particular concern to higher education institutions and their teaching and research personnel, Adopts the present Recommendation on 11 November 1997.

I. Deﬁnitions 1. For the purpose of this Recommendation: (a) ‘higher education’ means programmes of study, training or training for research at the post-secondary level provided by universities or other educational establishments that are approved as institutions of higher education by the competent State authorities, and/or through recognized accreditation systems; (b) ‘research’, within the context of higher education, means original scientiﬁc, technological and engineering, medical, cultural, social and human science, or educational research which implies careful, critical, disciplined inquiry, varying in technique and method according to the nature and conditions of the problems identiﬁed, directed towards the clariﬁcation and/or resolution of the problems, and when within an institutional framework, supported by an appropriate infrastructure;

Recommendations Adopted by the General Conference

(c)

(d)

(e)

(f)

619

‘scholarship’ means the processes by which higher-education teaching personnel keep up to date with their subject, engage in scholarly editing, disseminate their work and improve their pedagogical skills as teachers in their discipline, and upgrade their academic credentials; ‘extension work’ means a service by which the resources of an educational institution are extended beyond its conﬁnes to serve a widely diversiﬁed community within the State or region regarded as the constituent area of the institution, so long as this work does not contradict the mission of the institution; in teaching it may include a wide range of activities such as extramural, lifelong and distance education delivered through evening classes, short courses, seminars and institutes; in research it may lead to the provision of expertise to the public, private and non-proﬁt sectors, various types of consultation, and participation in applied research and in implementing research results; ‘institutions of higher education’ means universities, other educational establishments, centres and structures of higher education, and centres of research and culture associated with any of the above, public or private, that are approved as such either through recognized accreditation systems or by the competent State authorities; ‘higher-education teaching personnel’ means all those persons in institutions or programmes of higher education who are engaged to teach and/or to undertake scholarship and/or to undertake research and/or to provide educational services to students or to the community at large.

II. Scope 2. This Recommendation applies to all higher-education teaching personnel.

III. Guiding principles 3. The global objectives of international peace, understanding, cooperation and sustainable development pursued by each Member State and by the United Nations require, inter alia, education for peace and in the culture of peace, as deﬁned by UNESCO, as well as qualiﬁed and cultivated graduates of higher education institutions, capable of serving the community as responsible citizens and undertaking eﬀective scholarship and advanced research and, as a consequence, a corps of talented and highly qualiﬁed higher-education teaching personnel. 4. Institutions of higher education, and more particularly universities, are communities of scholars preserving, disseminating and expressing freely their opinions on traditional knowledge and culture, and pursuing new knowledge without constriction by prescribed doctrines. The pursuit of new knowledge and its application lie at the heart of the mandate of such institutions of higher education. In higher education institutions where original

620

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

research is not required, higher-education teaching personnel should maintain and develop knowledge of their subject through scholarship and improved pedagogical skills. 5. Advances in higher education, scholarship and research depend largely on infrastructure and resources, both human and material, and on the qualiﬁcations and expertise of higher-education teaching personnel as well as on their human, pedagogical and technical qualities, underpinned by academic freedom, professional responsibility, collegiality and institutional autonomy. 6. Teaching in higher education is a profession: it is a form of public service that requires of higher education personnel expert knowledge and specialized skills acquired and maintained through rigorous and lifelong study and research; it also calls for a sense of personal and institutional responsibility for the education and welfare of students and of the community at large and for a commitment to high professional standards in scholarship and research. 7. Working conditions for higher-education teaching personnel should be such as will best promote eﬀective teaching, scholarship, research and extension work, and enable higher-education teaching personnel to carry out their professional tasks. 8. Organizations which represent higher-education teaching personnel should be considered and recognized as a force which can contribute greatly to educational advancement and which should, therefore, be involved, together with other stakeholders and interested parties, in the determination of higher education policy. 9. Respect should be shown for the diversity of higher-education institution systems in each Member State in accordance with its national laws and practices as well as with international standards.

IV. Educational objectives and policies 10. At all appropriate stages of their national planning, in general, and of their planning for higher education, in particular, Member States should take all necessary measures to ensure that: (a) higher education is directed to human development and to the progress of society; (b) higher education contributes to the achievement of the goals of lifelong learning and to the development of other forms and levels of education; (c) where public funds are appropriated for higher education institutions, such funds are treated as a public investment, subject to effective public accountability; (d) the funding of higher education is treated as a form of public investment, the returns on which are, for the most part, necessarily long term, subject to government and public priorities; (e) the justiﬁcation for public funding is held constantly before public opinion.

Recommendations Adopted by the General Conference

621

11. Higher-education teaching personnel should have access to libraries which have up-to-date collections reﬂecting diverse sides of an issue, and whose holdings are not subject to censorship or other forms of intellectual interference. They should also have access, without censorship, to international computer systems, satellite programmes and databases required for their teaching, scholarship or research. 12. The publication and dissemination of the research results obtained by highereducation teaching personnel should be encouraged and facilitated with a view to assisting them to acquire the reputation which they merit, as well as with a view to promoting the advancement of science, technology, education and culture generally. To this end, higher-education teaching personnel should be free to publish the results of research and scholarship in books, journals and databases of their own choice and under their own names, provided they are the authors or co-authors of the above scholarly works. The intellectual property of higher-education teaching personnel should beneﬁt from appropriate legal protection, and in particular the protection aﬀorded by national and international copyright law. 13. The interplay of ideas and information among higher-education teaching personnel throughout the world is vital to the healthy development of higher education and research and should be actively promoted. To this end higher-education teaching personnel should be enabled throughout their careers to participate in international gatherings on higher education or research, to travel abroad without political restrictions and to use the Internet or video-conferencing for these purposes. 14. Programmes providing for the broadest exchange of higher-education teaching personnel between institutions, both nationally and internationally, including the organization of symposia, seminars and collaborative projects, and the exchange of educational and scholarly information should be developed and encouraged. The extension of communications and direct contacts between universities, research institutions and associations as well as among scientists and research workers should be facilitated, as should access by higher-education teaching personnel from other States to open information material in public archives, libraries, research institutes and similar bodies. 15. Member States and higher education institutions should, nevertheless, be conscious of the exodus of higher-education teaching personnel from the developing countries and, in particular, the least developed ones. They should, therefore, encourage aid programmes to the developing countries to help sustain an academic environment which oﬀers satisfactory conditions of work for higher-education teaching personnel in those countries, so that this exodus may be contained and ultimately reversed. 16. Fair, just and reasonable national policies and practices for the recognition of degrees and of credentials for the practice of the higher education profession from other States should be established that are consistent with the UNESCO Recommendation on the Recognition of Studies and Qualifications in Higher Education of 1993.

622

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

V. Institutional rights, duties and responsibilities A. Institutional autonomy 17. The proper enjoyment of academic freedom and compliance with the duties and responsibilities listed below require the autonomy of institutions of higher education. Autonomy is that degree of self-governance necessary for eﬀective decision-making by institutions of higher education regarding their academic work, standards, management and related activities, consistent with systems of public accountability, especially in respect of funding provided by the State, and respect for academic freedom and human rights. However, the nature of institutional autonomy may diﬀer according to the type of establishment involved. 18. Autonomy is the institutional form of academic freedom and a necessary precondition to guarantee the proper fulﬁlment of the functions entrusted to higher-education teaching personnel and institutions. 19. Member States are under an obligation to protect higher education institutions from threats to their autonomy coming from any source. 20. Autonomy should not be used by higher education institutions as a pretext to limit the rights of higher-education teaching personnel provided for in this Recommendation or in other international standards set out in the appendix. 21. Self-governance, collegiality and appropriate academic leadership are essential components of meaningful autonomy for institutions of higher education.

B. Institutional accountability 22. In view of the substantial ﬁnancial investments made, Member States and higher education institutions should ensure a proper balance between the level of autonomy enjoyed by higher education institutions and their systems of accountability. Higher education institutions should endeavour to open their governance in order to be accountable. They should be accountable for: (a) eﬀective communication to the public concerning the nature of their educational mission; (b) a commitment to quality and excellence in their teaching, scholarship and research functions, and an obligation to protect and ensure the integrity of their teaching, scholarship and research against intrusions inconsistent with their academic missions; (c) eﬀective support of academic freedom and fundamental human rights; (d) ensuring high-quality education for as many academically qualiﬁed individuals as possible, subject to the constraints of the resources available to them; (e) a commitment to the provision of opportunities for lifelong learning, consistent with the mission of the institution and the resources provided; (f) ensuring that students are treated fairly and justly, and without discrimination; (g) adopting policies and procedures to ensure the equitable treatment of women and minorities and to eliminate sexual and racial harassment;

Recommendations Adopted by the General Conference

623

(h)

ensuring that higher education personnel are not impeded in their work in the classroom or in their research capacity by violence, intimidation or harassment; (i) honest and open accounting; (j) eﬃcient use of resources; (k) the creation, through the collegial process and/or through negotiation with organizations representing higher-education teaching personnel, consistent with the principles of academic freedom and freedom of speech, of statements or codes of ethics to guide higher education personnel in their teaching, scholarship, research and extension work; (l) assistance in the fulﬁlment of economic, social, cultural and political rights, while striving to prevent the use of knowledge, science and technology to the detriment of those rights, or for purposes which run counter to generally accepted academic ethics, human rights and peace; (m) ensuring that they address themselves to the contemporary problems facing society; to this end, their curricula, as well as their activities, should respond, where appropriate, to the current and future needs of the local community and of society at large, and they should play an important role in enhancing the labour market opportunities of their graduates; (n) encouraging, where possible and appropriate, international academic cooperation which transcends national, regional, political, ethnic and other barriers, striving to prevent the scientiﬁc and technological exploitation of one State by another, and promoting equal partnership of all the academic communities of the world in the pursuit and use of knowledge and the preservation of cultural heritages; (o) ensuring up-to-date libraries and access, without censorship, to modern teaching, research and information resources providing information required by highereducation teaching personnel or by students for teaching, scholarship or research; (p) ensuring the facilities and equipment necessary for the mission of the institution and their proper upkeep; (q) ensuring that when engaged in classiﬁed research it will not contradict the educational mission and objectives of the institutions and will not run counter to the general objectives of peace, human rights, sustainable development and environment. 23. Systems of institutional accountability should be based on a scientiﬁc methodology and be clear, realistic, cost-eﬀective and simple. In their operation they should be fair, just and equitable. Both the methodology and the results should be open. 24. Higher education institutions, individually or collectively, should design and implement appropriate systems of accountability, including quality-assurance mechanisms to achieve the above goals, without harming institutional autonomy or academic freedom. The organizations representing higher-education teaching personnel should participate, where possible, in the planning of such systems. Where State-mandated structures of accountability are established, their procedures should be negotiated, where applicable, with the institutions of higher education concerned and with the organizations representing higher-education teaching personnel.

624

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

VI. Rights and freedoms of higher-education teaching personnel A. Individual rights and freedoms: civil rights, academic freedom, publication rights, and the international exchange of information 25. Access to the higher-education academic profession should be based solely on appropriate academic qualiﬁcations, competence and experience and be equal for all members of society without any discrimination. 26. Higher-education teaching personnel, like all other groups and individuals, should enjoy those internationally recognized civil, political, social and cultural rights applicable to all citizens. Therefore, all higher-education teaching personnel should enjoy freedom of thought, conscience, religion, expression, assembly and association, as well as the right to liberty and security of the person and liberty of movement. They should not be hindered or impeded in exercising their civil rights as citizens, including the right to contribute to social change through freely expressing their opinion of State policies and of policies aﬀecting higher education. They should not suﬀer any penalties simply because of the exercise of such rights. Higher-education teaching personnel should not be subject to arbitrary arrest or detention, nor to torture, nor to cruel, inhuman or degrading treatment. In cases of gross violation of their rights, higher-education teaching personnel should have the right to appeal to the relevant national, regional or international bodies such as the agencies of the United Nations, and organizations representing higher-education teaching personnel should extend full support in such cases. 27. The maintaining of the above international standards should be upheld in the interest of higher education internationally and within the country. To do so, the principle of academic freedom should be scrupulously observed. Higher-education teaching personnel are entitled to the maintaining of academic freedom, that is to say, the right, without constriction by prescribed doctrine, to freedom of teaching and discussion, freedom in carrying out research and disseminating and publishing the results thereof, freedom to express freely their opinion about the institution or system in which they work, freedom from institutional censorship, and freedom to participate in professional or representative academic bodies. All higher-education teaching personnel should have the right to fulﬁl their functions without discrimination of any kind and without fear of repression by the State or any other source. Higher-education teaching personnel can eﬀectively do justice to this principle if the environment in which they operate is conducive, which requires a democratic atmosphere; hence the challenge for all of developing a democratic society. 28. Higher-education teaching personnel have the right to teach without any interference, subject to accepted professional principles including professional responsibility and intellectual rigour with regard to standards and methods of teaching. Higher-education teaching personnel should not be forced to instruct against their own best knowledge and conscience or be forced to use curricula and methods contrary

Recommendations Adopted by the General Conference

625

to national and international human rights standards. Higher-education teaching personnel should play a signiﬁcant role in determining the curriculum. 29. Higher-education teaching personnel have a right to carry out research work without any interference, or any suppression, in accordance with their professional responsibility and subject to nationally and internationally recognized professional principles of intellectual rigour, scientiﬁc inquiry and research ethics. They should also have the right to publish and communicate the conclusions of the research of which they are authors or co-authors, as stated in paragraph 12 of this Recommendation. 30. Higher-education teaching personnel have a right to undertake professional activities outside of their employment, particularly those that enhance their professional skills or allow for the application of knowledge to the problems of the community, provided such activities do not interfere with their primary commitments to their home institutions in accordance with institutional policies and regulations or national laws and practice where they exist.

B. Self-governance and collegiality 31. Higher-education teaching personnel should have the right and opportunity, without discrimination of any kind, according to their abilities, to take part in the governing bodies and to criticize the functioning of higher education institutions, including their own, while respecting the right of other sections of the academic community to participate, and they should also have the right to elect a majority of representatives to academic bodies within the higher education institution. 32. The principles of collegiality include academic freedom, shared responsibility, the policy of participation of all concerned in internal decision-making structures and practices, and the development of consultative mechanisms. Collegial decision-making should encompass decisions regarding the administration and determination of policies of higher education, curricula, research, extension work, the allocation of resources and other related activities, in order to improve academic excellence and quality for the beneﬁt of society at large.

VII. Duties and responsibilities of higher-education teaching personnel 33. Higher-education teaching personnel should recognize that the exercise of rights carries with it special duties and responsibilities, including the obligation to respect the academic freedom of other members of the academic community and to ensure the fair discussion of contrary views. Academic freedom carries with it the duty to use that freedom in a manner consistent with the scholarly obligation to base research on an honest search for truth. Teaching, research and scholarship should be conducted in full accordance with ethical and professional standards and should, where appropriate, respond to contemporary problems facing society, as well as preserve the historical and cultural heritage of the world.

626

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

34. In particular, the individual duties of higher-education teaching personnel inherent in their academic freedom are: (a) to teach students eﬀectively within the means provided by the institution and the State, to be fair and equitable to male and female students and treat those of all races and religions, as well as those with disabilities, equally, to encourage the free exchange of ideas between themselves and their students, and to be available to them for guidance in their studies; higher-education teaching personnel should ensure, where necessary, that the minimum content deﬁned in the syllabus for each subject is covered; (b) to conduct scholarly research and to disseminate the results of such research or, where original research is not required, to maintain and develop their knowledge of their subject through study and research, and through the development of teaching methodology to improve their pedagogical skills; (c) to base their research and scholarship on an honest search for knowledge with due respect for evidence, impartial reasoning and honesty in reporting; (d) to observe the ethics of research involving humans, animals, the heritage or the environment; (e) to respect and to acknowledge the scholarly work of academic colleagues and students and, in particular, to ensure that authorship of published works includes all who have materially contributed to, and share responsibility for, the contents of a publication; (f) to refrain from using new information, concepts or data that were originally obtained as a result of access to conﬁdential manuscripts or applications for funds for research or training that may have been seen as the result of processes such as peer review, unless the author has given permission; (g) to ensure that research is conducted according to the laws and regulations of the State in which the research is carried out, that it does not violate international codes of human rights, and that the results of the research and the data on which it is based are eﬀectively made available to scholars and researchers in the host institution, except where this might place respondents in peril or where anonymity has been guaranteed; (h) to avoid conﬂicts of interest and to resolve them through appropriate disclosure and full consultation with the higher education institution employing them, so that they have the approval of the aforesaid institution; (i) to handle honestly all funds entrusted to their care for higher education institutions for research or for other professional or scientiﬁc bodies; (j) to be fair and impartial when presenting a professional appraisal of academic colleagues and students; (k) to be conscious of a responsibility, when speaking or writing outside scholarly channels on matters which are not related to their professional expertise, to avoid misleading the public on the nature of their professional expertise; (l) to undertake such appropriate duties as are required for the collegial governance of institutions of higher education and of professional bodies.

Recommendations Adopted by the General Conference

627

35. Higher-education teaching personnel should seek to achieve the highest possible standards in their professional work, since their status largely depends on themselves and the quality of their achievements. 36. Higher-education teaching personnel should contribute to the public accountability of higher education institutions without, however, forfeiting the degree of institutional autonomy necessary for their work, for their professional freedom and for the advancement of knowledge.

VIII. Preparation for the profession 37. Policies governing access to preparation for a career in higher education rest on the need to provide society with an adequate supply of higher-education teaching personnel who possess the necessary ethical, intellectual and teaching qualities and who have the required professional knowledge and skills. 38. All aspects of the preparation of higher-education teaching personnel should be free from any form of discrimination. 39. Among candidates seeking to prepare for a career in higher education, women and members of minorities with equal academic qualiﬁcations and experience should be given equal opportunities and treatment.

IX. Terms and conditions of employment A. Entry into the academic profession 40. The employers of higher-education teaching personnel should establish such terms and conditions of employment as will be most conducive for eﬀective teaching and/or research and/or scholarship and/or extension work and will be fair and free from discrimination of any kind. 41. Temporary measures aimed at accelerating de facto equality for disadvantaged members of the academic community should not be considered discriminatory, provided that these measures are discontinued when the objectives of equality of opportunity and treatment have been achieved and systems are in place to ensure the continuance of equality of opportunity and treatment. 42. A probationary period on initial entry to teaching and research in higher education is recognized as the opportunity for the encouragement and helpful initiation of the entrant and for the establishment and maintenance of proper professional standards, as well as for the individual’s own development of his/her teaching and research proﬁciency. The normal duration of probation should be known in advance and the conditions for its satisfactory completion should be strictly related to professional competence. If such candidates fail to complete their probation satisfactorily, they should have the right to know the reasons and

628

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

to receive this information suﬃciently in advance of the end of the probationary period to give them a reasonable opportunity to improve their performance. They should also have the right to appeal. 43. Higher-education teaching personnel should enjoy: (a) a just and open system of career development including fair procedures for appointment, tenure where applicable, promotion, dismissal, and other related matters; (b) an eﬀective, fair and just system of labour relations within the institution, consistent with the international standards set out in the appendix. 44. There should be provisions to allow for solidarity with other institutions of higher education and with their higher-education teaching personnel when they are subject to persecution. Such solidarity may be material as well as moral and should, where possible, include refuge and employment or education for victims of persecution.

B. Security of employment 45. Tenure or its functional equivalent, where applicable, constitutes one of the major procedural safeguards of academic freedom and against arbitrary decisions. It also encourages individual responsibility and the retention of talented higher-education teaching personnel. 46. Security of employment in the profession, including tenure or its functional equivalent, where applicable, should be safeguarded, as it is essential to the interests of higher education as well as those of higher-education teaching personnel. It ensures that higher-education teaching personnel who secure continuing employment following rigorous evaluation can only be dismissed on professional grounds and in accordance with due process. They may also be released for bona ﬁde ﬁnancial reasons, provided that all the ﬁnancial accounts are open to public inspection, that the institution has taken all reasonable alternative steps to prevent termination of employment, and that there are legal safeguards against bias in any termination of employment procedure. Tenure or its functional equivalent, where applicable, should be safeguarded as far as possible even when changes in the organization of, or within, a higher education institution or system are made, and should be granted, after a reasonable period of probation, to those who meet stated objective criteria in teaching, and/or scholarship, and/or research to the satisfaction of an academic body, and/or extension work to the satisfaction of the institution of higher education.

C. Appraisal 47. Higher education institutions should ensure that: (a) evaluation and assessment of the work of higher-education teaching personnel are an integral part of the teaching, learning and research process, and that their major function is the development of individuals in accordance with their interests and capacities; (b) evaluation is based only on academic criteria of competence in research, teaching, and other academic or professional duties as interpreted by academic peers;

Recommendations Adopted by the General Conference

(c)

(d)

(e)

(f)

629

evaluation procedures take due account of the diﬃculty inherent in measuring personal capacity, which seldom manifests itself in a constant and unﬂuctuating manner; where evaluation involves any kind of direct assessment of the work of highereducation teaching personnel, by students and/or fellow colleagues and/or administrators, such assessment is objective and the criteria and the results are made known to the individual(s) concerned; the results of appraisal of higher-education teaching personnel are also taken into account when establishing the staﬃng of the institution and considering the renewal of employment; higher-education teaching personnel have the right to appeal to an impartial body against assessments which they deem to be unjustiﬁed.

D. Discipline and dismissal 48. No member of the academic community should be subject to discipline, including dismissal, except for just and suﬃcient cause demonstrable before an independent thirdparty hearing of peers, and/or before an impartial body such as arbitrators or the courts. 49. All members of higher-education teaching personnel should enjoy equitable safeguards at each stage of any disciplinary procedure, including dismissal, in accordance with the international standards set out in the appendix. 50. Dismissal as a disciplinary measure should only be for just and suﬃcient cause related to professional conduct, for example: persistent neglect of duties, gross incompetence, fabrication or falsiﬁcation of research results, serious ﬁnancial irregularities, sexual or other misconduct with students, colleagues, or other members of the academic community or serious threats thereof, or corruption of the educational process such as by falsifying grades, diplomas or degrees in return for money, sexual or other favours, or by demanding sexual, ﬁnancial or other material favours from subordinate employees or colleagues in return for continuing employment. 51. Individuals should have the right to appeal against the decision to dismiss them before independent, external bodies, such as arbitrators or the courts, with ﬁnal and binding powers.

E. Negotiation of terms and conditions of employment 52. Higher-education teaching personnel should enjoy the right to freedom of association, and this right should be eﬀectively promoted. Collective bargaining or an equivalent procedure should be promoted in accordance with the standards of the International Labour Organization (ILO) set out in the appendix. 53. Salaries, working conditions and all matters related to the terms and conditions of employment of higher-education teaching personnel should be determined through a voluntary process of negotiation between organizations representing higher-education teaching personnel and the employers of higher-education teaching personnel, except where other equivalent procedures are provided that are consistent with international standards.

630

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

54. Appropriate machinery, consistent with national laws and international standards, should be established by statute or by agreement, whereby the right of higher-education teaching personnel to negotiate through their organizations with their employers, whether public or private, is assured. Such legal and statutory rights should be enforceable through an impartial process without undue delay. 55. If the process established for these purposes is exhausted or if there is a breakdown in negotiations between the parties, organizations of higher-education teaching personnel should have the right to take such other steps as are normally open to other organizations in the defence of their legitimate interests. 56. Higher-education teaching personnel should have access to a fair grievance and arbitration procedure, or the equivalent, for the settlement of disputes with their employers arising out of terms and conditions of employment.

F. Salaries, workload, social security beneﬁts, health and safety 57. All ﬁnancially feasible measures should be taken to provide higher-education teaching personnel with remuneration such that they can devote themselves satisfactorily to their duties and allocate the necessary amount of time for the continuing training and periodic renewal of knowledge and skills that are essential at this level of teaching. 58. The salaries of higher-education teaching personnel should: (a) reﬂect the importance to society of higher education and hence the importance of higher-education teaching personnel as well as the diﬀerent responsibilities which fall to them from the time of their entry into the profession; (b) be at least comparable to salaries paid in other occupations requiring similar or equivalent qualiﬁcations; (c) provide higher-education teaching personnel with the means to ensure a reasonable standard of living for themselves and their families, as well as to invest in further education or in the pursuit of cultural or scientiﬁc activities, thus enhancing their professional qualiﬁcations; (d) take account of the fact that certain posts require higher qualiﬁcations and experience and carry greater responsibilities; (e) be paid regularly and on time; (f) be reviewed periodically to take into account such factors as a rise in the cost of living, increased productivity leading to higher standards of living, or a general upward movement in wage or salary levels. 59. Salary diﬀerentials should be based on objective criteria. 60. Higher-education teaching personnel should be paid on the basis of salary scales established in agreement with organizations representing higher-education teaching personnel, except where other equivalent procedures consistent with international standards are provided. During a probationary period, or if employed on a temporary basis,

Recommendations Adopted by the General Conference

631

qualiﬁed higher-education teaching personnel should not be paid on a lower scale than that laid down for established higher-education teaching personnel at the same level. 61. A fair and impartial merit-rating system could be a means of enhancing quality assurance and quality control. Where introduced and applied for purposes of salary determination, it should involve prior consultation with organizations representing highereducation teaching personnel. 62. The workload of higher-education teaching personnel should be fair and equitable, should permit such personnel to carry out eﬀectively their duties and responsibilities to their students as well as their obligations in regard to scholarship, research and/or academic administration, should provide due consideration in terms of salary for those who are required to teach beyond their regular workload, and should be negotiated with the organizations representing higher-education teaching personnel, except where other equivalent procedures consistent with international standards are provided. 63. Higher-education teaching personnel should be provided with a work environment that does not have a negative impact on or aﬀect their health and safety and they should be protected by social security measures, including those concerning sickness and disability and pension entitlements, and measures for the protection of health and safety in respect of all contingencies included in the conventions and recommendations of ILO. The standards should be at least as favourable as those set out in the relevant conventions and recommendations of ILO. Social security beneﬁts for higher-education teaching personnel should be granted as a matter of right. 64. The pension rights earned by higher-education teaching personnel should be transferable nationally and internationally, subject to national, bilateral and multilateral taxation laws and agreements, should the individual transfer to employment with another institution of higher education. Organizations representing higher-education teaching personnel should have the right to choose representatives to take part in the governance and administration of pension plans designed for higher-education teaching personnel, where applicable, particularly those which are private and contributory.

G. Study and research leave and annual holidays 65. Higher-education teaching personnel should be granted study and research leave, such as sabbatical leave, on full or partial pay, where applicable, at regular intervals. 66. The period of study or research leave should be counted as service for seniority and pension purposes, subject to the provisions of the pension plan. 67. Higher-education teaching personnel should be granted occasional leave with full or partial pay to enable them to participate in professional activities. 68. Leave granted to higher-education teaching personnel within the framework of bilateral and multilateral cultural and scientiﬁc exchanges or technical assistance programmes abroad should be considered as service, and their seniority and eligibility for promotion and pension rights in their home institutions should be safeguarded. In addition, special arrangements should be made to cover their extra expenses.

632

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

69. Higher-education teaching personnel should enjoy the right to adequate annual vacation with full pay.

H. Terms and conditions of employment of women higher-education teaching personnel 70. All necessary measures should be taken to promote equality of opportunity and treatment of women higher-education teaching personnel, in order to ensure, on the basis of equality between men and women, the rights recognized by the international standards set out in the appendix.

I. Terms and conditions of employment of disabled higher-education teaching personnel 71. All necessary measures should be taken to ensure that the standards set with regard to the conditions of work of higher-education teaching personnel who are disabled are, as a minimum, consistent with the relevant provisions of the international standards set out in the appendix.

J. Terms and conditions of employment of part-time higher-education teaching personnel 72. The value of the service provided by qualiﬁed part-time higher-education teaching personnel should be recognized. Higher-education teaching personnel employed regularly on a part-time basis should: (a) receive proportionately the same remuneration as higher-education teaching personnel employed on a full-time basis, and enjoy equivalent basic conditions of employment; (b) beneﬁt from conditions equivalent to those of higher-education teaching personnel employed on a full-time basis, as regards holidays with pay, sick leave and maternity leave; the relevant pecuniary entitlements should be determined in proportion to hours of work or earnings; (c) be entitled to adequate and appropriate social security protection, including, where applicable, coverage under employers’ pension schemes.

X. Utilization and implementation 73. Member States and higher education institutions should take all feasible steps to extend and complement their own action in respect of the status of higher-education teaching personnel by encouraging cooperation with and among all national and international governmental and non-governmental organizations whose activities fall within the scope and objectives of this Recommendation. 74. Member States and higher education institutions should take all feasible steps to apply the provisions spelled out above to give eﬀect, within their respective territories, to the principles set forth in this Recommendation.

Recommendations Adopted by the General Conference

633

75. The Director-General will prepare a comprehensive report on the world situation with regard to academic freedom and to respect for the human rights of higher-education teaching personnel on the basis of the information supplied by Member States and of any other information supported by reliable evidence which he/she may have gathered by such methods as he/she may deem appropriate. 76. In the case of a higher education institution in the territory of a State not under the direct or indirect authority of that State but under separate and independent authorities, the relevant authorities should transmit the text of this Recommendation to institutions, so that such institutions can put its provisions into practice.

XI. Final provision 77. Where higher-education teaching personnel enjoy a status which is, in certain respects, more favourable than that provided for in this Recommendation, the terms of this Recommendation should not be invoked to diminish the status already recognized.

Appendix United Nations • • • • • • • • • •

Universal Declaration of Human Rights, 1948 Declaration concerning the Promotion among Youth of the Ideals of Peace, Mutual Respect and Understanding between Peoples, 1965 International Convention on the Elimination of All Forms of Racial Discrimination, 1965 International Covenant on Economic, Social and Cultural Rights, 1966 International Covenant on Civil and Political Rights and Protocol thereto, 1966 Declaration on the Protection of All Persons from Being Subject to Torture and Other Cruel and Inhuman or Degrading Treatment or Punishment, 1975 Declaration on the Rights of Disabled Persons, 1975 Convention on the Elimination of All Forms of Discrimination against Women, 1979 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, 1981 Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, 1984

United Nations Educational, Scientific and Cultural Organization •

Convention against Discrimination in Education, 1960, and Protocol thereto, 1962

634

• •

• • • • •

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Recommendation against Discrimination in Education, 1960 Recommendation on Education for International Understanding and Cooperation and Peace and Education relating to Human Rights and Fundamental Freedoms, 1974 Recommendation on the Status of Scientiﬁc Researchers, 1974 Revised Recommendation concerning Technical and Vocational Education, 1974 Declaration on Race and Racial Prejudice, 1978 Convention on Technical Vocational Education, 1989 Recommendation on the Recognition of Studies and Qualiﬁcations in Higher Education, 1993

International Labour Organization • • • • • • • • • • • • • • • • • • •

Convention No. 87: Freedom of Association and Protection of the Right to Organize Convention, 1948 Convention No. 95: Protection of Wages Convention, 1949 Convention No. 98: Right to Organize and Collective Bargaining Convention, 1949 Convention No. 100: Equal Remuneration Convention, 1951 Convention No. 102: Social Security (Minimum Standards) Convention, 1952 Convention No. 103: Maternity Protection Convention (Revised), 1952 Recommendation No. 95: Maternity Protection Recommendation, 1952 Convention No. 111: Discrimination (Employment and Occupation) Convention, 1958 Convention No. 118: Equality of Treatment (Social Security) Convention, 1962 Convention No. 121: Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] Convention No. 128: Invalidity, Old-Age and Survivors Beneﬁt Convention, 1967 Recommendation No. 131: Invalidity, Old-Age and Survivors Benefit Recommendation, 1967 Convention No. 130: Medical Care and Sickness Beneﬁt Convention, 1969 Convention No. 132: Holidays with Pay Convention (Revised), 1970 Convention No. 135: Workers’ Representatives Convention, 1971 Recommendation No. 143: Workers’ Representatives Recommendation, 1971 Convention No. 140: Paid Educational Leave Convention, 1974 Recommendation No. 148: Paid Educational Leave Recommendation, 1974 Convention No. 151: Labour Relations (Public Service) Convention, 1978

Recommendations Adopted by the General Conference

• • • • • • • • •

635

Recommendation No. 159: Labour Relations (Public Service) Recommendation, 1978 Recommendation No. 162: Older Workers Recommendation, 1980 Convention No. 154: Collective Bargaining Convention, 1981 Recommendation No. 163: Collective Bargaining Recommendation, 1981 Convention No. 156: Workers with Family Responsibilities Convention, 1981 Recommendation No. 165: Workers with Family Responsibilities Recommendation, 1981 Convention No. 158: Termination of Employment Convention, 1982 Convention No. 159: Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 Recommendation No. 168: Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983

Other •

• •

Recommendation concerning the Status of Teachers adopted by the Special Intergovernmental Conference on the Status of Teachers (convened by UNESCO in cooperation with ILO), Paris, 5 October 1966 UNESCO: Universal Copyright Convention, 1952, revised 1971 World Intellectual Property Organization: Berne Convention for the Protection of Literary and Artistic Works, Paris Act, 1971, amended in 1979

The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its twenty-ninth session, which was held in Paris and declared closed on the twelth day of November 1997. IN FAITH WHEREOF we have appended our signatures The President of the General Conference The Director-General

636

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Revised Recommendation concerning Technical and Vocational Education adopted by the General Conference of UNESCO at its 31st session, Paris, 2 November 2001 The General Conference Recalling 154 EX/Decision 4.3 (May 1998) to incorporate the major themes originally envisaged for the third consultation on the implementation of the Revised Recommendation concerning Technical and Vocational Education into the agenda of the Second International Congress on Technical and Vocational Education, Recognizing the value of the recommendations of the Second International Congress on Technical and Vocational Education (Seoul, April 1999) reﬂecting the emerging challenges of the twenty-ﬁrst century, an era of globalization and revolution in the ﬁeld of information/communication technology, and that these recommendations will therefore guide a new orientation of ‘technical and vocational education and training (TVET) for all throughout life’ so as to meet the new demands of achieving the objectives of a culture of peace, environmentally sound sustainable development, social cohesion and citizenship of the world, Recalling also 30 C/Resolution 14, which invited the Director-General to prepare an updated version of the Revised Recommendation concerning Technical and Vocational Education, taking into account the new trends identiﬁed by the Second International Congress on Technical and Vocational Education, to submit the new draft version to all Member States during the 2000–2001 biennium for consultation, and to submit it, together with a proposal for the modalities of future consultations on its implementation, to the General Conference at its thirty-ﬁrst session for approval, Having examined document 31 C/22 and the draft Revised Recommendation concerning Technical and Vocational Education (2001) annexed thereto, 1. Adopts the Revised Recommendation concerning Technical and Vocational Education (2001) this second day of November 2001; 2. Invites the Director-General to conduct future consultations with Member States concerning its implementation, together with the ﬁve-yearly assessments of the follow-up to the Seoul Congress; 3. Recommends that, when developing and improving technical and vocational education, Member States should take whatever legislative or other steps may be required to give eﬀect, within their respective territories, to the principles set forth in this Recommendation;

Recommendations Adopted by the General Conference

637

4. Further recommends that Member States should bring this Recommendation to the attention of the authorities and bodies concerned with technical and vocational education; 5. Also recommends that Member States should submit to it, together with the ﬁveyearly assessments of the follow-up to the Seoul Congress, reports on the action they have taken to give eﬀect to the Recommendation.

Annex: Revised Recommendation Concerning Technical and Vocational Education () I. Scope 1. This Recommendation applies to all forms and aspects of education that are technical and vocational in nature, provided either in educational institutions or under their authority, by public authorities, the private sector, or through other forms of organized education, formal or non-formal, aiming to ensure that all members of the community have access to the pathways of lifelong learning. 2. For the purposes of this Recommendation ‘technical and vocational education’ is used as a comprehensive term referring to those aspects of the educational process involving, in addition to general education, the study of technologies and related sciences, and the acquisition of practical skills, attitudes, understanding and knowledge relating to occupations in various sectors of economic and social life. Technical and vocational education is further understood to be: (a) an integral part of general education; (b) a means of preparing for occupational ﬁelds and for eﬀective participation in the world of work; (c) an aspect of lifelong learning, and a preparation for responsible citizenship; (d) an instrument for promoting environmentally sound sustainable development; (e) a method of facilitating poverty alleviation. 3. Technical and vocational education, being part of the total educational process and being a right as described in Article 26 of the Universal Declaration of Human Rights, is included in the term ‘education’ as defined in the Convention and the Recommendation against Discrimination in Education adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization at its eleventh session (1960) and the Convention on Technical and Vocational Education adopted by the General Conference at its twenty-ﬁfth session (1989). The provisions of these documents are therefore applicable to it. 4. This Recommendation should be understood as setting forth general principles, goals and guidelines to be applied by each individual country according to its socio-economic needs and available resources in a changing world, with a view also to enhancing the status of technical and vocational education. The application of the provisions and the timing of the implementation will depend upon the speciﬁc conditions, and constitutional provisions existing in a given country.

638 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

II. Technical and vocational education in relation to the educational process: objectives 5. Given the immense scientiﬁc, technological and socio-economic development, either in progress or envisaged, which characterizes the present era, particularly globalization and the revolution in information and communication technology, technical and vocational education should be a vital aspect of the educational process in all countries, and in particular should: (a) contribute to the achievement of the societal goals of greater democratization and social, cultural and economic development, while at the same time developing the potential of all individuals, both men and women, for active participation in the establishment and implementation of these goals, regardless of religion, race and age; (b) lead to an understanding of the scientific and technological aspects of contemporary civilization in such a way that people comprehend their environment and are capable of acting upon it while taking a critical view of the social, political and environmental implications of scientiﬁc and technological change; (c) empower people to contribute to environmentally sound sustainable development through their occupations and other areas of their lives. 6. Given the necessity for new relationships between education, the world of work and the community as a whole, technical and vocational education should exist as part of a system of lifelong learning adapted to the needs of each particular country and to worldwide technological development. This system should be directed to: (a) abolishing barriers between levels and areas of education, between education and the world of work, and between school and society, through: (i) the appropriate integration of technical/vocational and general education at all levels; (ii) the creation of open and ﬂexible educational structures; (iii) the taking into account of individuals’ educational needs, the evolution of occupations, and jobs recognizing work experience as a part of learning; (b) improving the quality of life by creating a learning culture that permits individuals to expand their intellectual horizons, to acquire and to constantly improve professional skills and knowledge, and to engage positively in society to utilize the fruits of economic and technological change for the general welfare. 7. Technical and vocational education should begin with a broad base which facilitates horizontal and vertical articulation within the education system and between school and the world of work, thus contributing to the elimination of all forms of discrimination, and should be designed so that it: (a) is an integral part of everyone’s basic general education, in the form of initiation to technology, the world of work, and human values and standards for responsible citizenship;

Recommendations Adopted by the General Conference

(b)

(c)

(d) (e)

(f)

(g)

639

may be freely and positively chosen as the means by which people develop talents, interests and skills leading to an occupation in various sectors or to further education; allows access to other aspects and areas of education at all levels, including institutions of higher learning, by being grounded in a solid general education and, as a result of the integration mentioned in paragraph 6(a), containing a general education component through all stages of specialization; allows transfers from one ﬁeld to another within technical and vocational education; is readily available to all and for all appropriate types of specialization, within and outside formal education systems, and in conjunction or in parallel with training in order to permit educational, career and job mobility at the minimum age at which the general basic education is considered to have been acquired, according to the education system in force in each country; is available on the above terms and on a basis of equality to women as well as men, and where the learning and working environment is made suitable for the participation of girls and women by removing overt and covert bias and discrimination and seeking strategies for motivating girls and women to take an interest in vocational and technical education; is available to people with disabilities and to socially and economically disadvantaged groups such as immigrants, refugees, minorities (including indigenous peoples), demobilized soldiers in post-conflict situations, and underprivileged and marginalized youth, in special forms adapted to their needs, in order to integrate them more easily into society.

8. In terms of the needs and aspirations of individuals, technical and vocational education should: (a) permit the harmonious development of personality and character, and foster spiritual and human values, the capacity for understanding, judgement, critical thinking and self-expression; (b) prepare the individual for lifelong learning by developing the necessary mental tools, technical and entrepreneurial skills and attitudes; (c) develop capacities for decision-making and the qualities necessary for active and intelligent participation, teamwork and leadership at work and in the community as a whole; (d) enable an individual to cope with the rapid advances in information and communication technology.

III. Policy, planning and administration 9. Policy should be formulated and technical and vocational education administered in support of the general objectives adopted for the educational process as well as for national and, if possible, the regional social and economic requirements of the present and the future, and an appropriate legislative and ﬁnancial framework adopted. Policy should be directed

640

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

to both the structural and the qualitative improvement of technical and vocational education as stipulated in Article 2 of the Convention on Technical and Vocational Education (1989) and further described in the recommendations of the Second International Congress on Technical and Vocational Education (1999): (a) Although governments carry the primary responsibility for technical and vocational education, in a modern market economy technical and vocational education policy design and delivery should be achieved through a new partnership between government, employers, professional associations, industry, employees and their representatives, the local community and non-governmental organizations (NGOs). This partnership must create a coherent legislative framework to enable the launching of a national strategy for change. Within this strategy the government, apart from actually providing technical and vocational education, can also provide leadership and vision, facilitate, coordinate, establish quality assurance and ensure that technical and vocational education is for all by identifying and addressing community service obligations. (b) Technical and vocational education is best served by a diversity of public and private providers. The appropriate mix can be found in many ways, with the responsibility of governments being to facilitate choice while ensuring quality. (c) Government and the private sector should recognize that technical and vocational education is an investment, not a cost, with signiﬁcant returns, including the well-being of workers, enhanced productivity and international competitiveness. Therefore funding for technical and vocational education should be shared to the maximum extent possible between government, industry, the community and the learner, with government providing appropriate ﬁnancial incentives. Furthermore, the governments of least developed countries in particular should seek bilateral and multilateral capacity-building cooperation in technical and vocational education. (d) Within governments, there are often shared and overlapping responsibilities for various elements of technical and vocational education among departments and agencies. It is desirable that governments streamline their own public institutional framework to the maximum extent possible to coordinate the national technical and vocational education eﬀort, create an eﬀective partnership with the private sector, and promote technical and vocational education for the beneﬁt of all stakeholders. 10. Particular attention should be given to planning the development and expansion of technical and vocational education by: (a) giving high priority to technical and vocational education in national development agendas as well as in plans for educational reform; (b) evaluating national short-term and long-term needs; (c) providing appropriate current and future allocations of ﬁnancial resources; (d) establishing a national body responsible for coordinating planning in technical and vocational education, based on analysis of statistical data and projections to facilitate complementarity between educational policy planning and employment policy.

Recommendations Adopted by the General Conference

641

11. Planning should respond to national and, if possible, regional, economic and social trends, to projected changes in demand for diﬀerent classes of goods and services, and for diﬀerent types of skills and knowledge, in such a way that technical and vocational education may easily adapt to the evolving scientiﬁc, technological and socio-economic changes. This planning should also be coordinated with current and projected training action and the evolution of the world of work in both urban and rural areas. 12. While the education authorities should have primary responsibility, the following groups of relevant stakeholders should be actively associated in policy formulation and in the planning process; corresponding structures, both national and local, taking the form of public agencies or consultative or advisory bodies, should be created to permit this: (a) public authorities responsible for planning economic and social policy, labour and employment, and for the manufacturing and service sectors; (b) representatives of non-governmental organizations within each occupation sector from among employers and workers as well as of the informal economy, small enterprise owners and entrepreneurs; (c) authorities or bodies responsible for out-of school education and training; (d) representatives of those responsible – both in public education and in Staterecognized private education – for executing educational policy, including teachers, examining bodies and administrators; (e) parents’, former pupils’, students’ and youth organizations; (f) representatives from the community at large. 13. Policies for the structural improvement of technical and vocational education should be established within the framework of broad policies designed to implement the principle of lifelong education through the creation of open, ﬂexible and complementary structures for education, training and educational and vocational guidance, considering the provisions of modern information technology in education, regardless of whether these activities take place within the system of formal education or outside it. In this respect, consideration should be given to the following: (a) multi-purpose secondary education oﬀering diversiﬁed curricula linking education to the world of work; (b) having institutions of higher learning oﬀering ﬂexible admission and programmes ranging from short specialized ones to longer full-time programmes of integrated studies and professional specialization; (c) establishing a system of equivalencies whereby credit is given for completion of any approved programme, and recognition is granted to educational and/or professional qualiﬁcations and work experience; (d) providing articulation and pathways between technical and vocational education and programmes of higher education for the beneﬁt of those learners who may wish to continue their education. 14. Policy should be directed to ensuring high quality so as to exclude discrimination between the diﬀerent educational streams. In this respect, special eﬀorts should be made to ensure that national technical and vocational education seeks to meet international standards.

642

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

15. In order to ensure quality, responsible national authorities should establish criteria and standards – subject to periodic review and evaluation, applying to all aspects of technical and vocational education, including, to the greatest extent possible, non-formal education – for: (a) all forms of recognition of achievement and consequent qualiﬁcation; (b) staﬀ qualiﬁcations; (c) ratios of teaching and training staﬀ to learners; (d) the quality of curricula and teaching materials; (e) safety precautions for all learning and training environments; (f) physical facilities, buildings, libraries, workshop layouts, quality and type of equipment. 16. National policy should foster research related to technical and vocational education, with particular emphasis on its potential within lifelong learning, and directed to its improvement and relevance to the prevailing socio-economic context. This research should be carried out at national and institutional levels, as well as through individual initiative. To this end: (a) special emphasis should be placed on curriculum development, research concerning teaching and learning methods and materials, and, where the need exists, on technologies and techniques applied to development problems; (b) ﬁnancial resources and physical facilities from public and/or private sources should be made available to institutions of higher education, specialized research institutions and professional organizations for applying the results of this research on an experimental basis in representatively selected institutions for technical and vocational education; (c) the positive results of research and experimentation should be widely disseminated using all available media, especially information and communication technology; (d) the eﬀectiveness of technical and vocational education should be evaluated using, among other data, relevant statistics including those concerning part-time enrolments, drop-out rates and placement in wage- and self-employment; (e) research eﬀorts to humanize working conditions should be emphasized. 17. Administrative structures should provide for evaluation, supervisory and accreditation services to ensure the rapid application of new research findings and to maintain standards: (a) evaluation services as a whole should ensure the quality and smooth operation of technical and vocational education by continuous review and action directed to monitoring progress and maintaining standards through constant improvement of staﬀ, facilities, programmes and, most importantly, student achievement; (b) supervisory services for the staﬀ should encourage improvement in the quality of teaching by providing guidance and advice and recommending continuing education; (c) all technical and vocational education programmes, including those oﬀered by private bodies, should be subject to approval by the public authorities;

Recommendations Adopted by the General Conference

(d)

643

individual institutions should have the autonomy to design their programmes with the involvement of business and industry to suit local needs.

18. Particular attention should be given to the material resources required for technical and vocational education. Priorities should be carefully established, with due regard for immediate needs and the probable directions of future expansion, in consultation with representatives from the world of work: (a) institutional planning should be directed to ensuring maximum eﬃciency and ﬂexibility in use; (b) the planning, construction and equipping of facilities should be carried out in collaboration with specialists from industry, teachers and educational architects, and with due regard for the purpose of the facilities, prevailing local factors and relevant research; (c) adequate funds should be allocated for recurrent expenditure for supplies and maintenance and repair of equipment; (d) institutions should be given greater autonomy in their administration and ﬁnancial management.

IV. Technical and vocational aspects of general education 19. An initiation to technology and to the world of work should be an essential component of general education. An understanding of the technological nature of modern culture and an appreciation of work requiring practical skills should thereby be acquired. This initiation should be a major concern in educational reform and democratization. It should be a required element in the curriculum, beginning in primary education and continuing through the early years of secondary education. 20. Opportunities for general technical and vocational initiation should continue to be available to those who wish to avail themselves of it within the education system and outside it in places of work or the community at large. 21. Technical and vocational initiation in the general education of youth should fulﬁl the educational requirements of all spheres of interest and ability. It should mainly perform three functions: (a) to broaden educational horizons by serving as an introduction to the world of work, and the world of technology and its products, through the exploration of materials, tools, techniques, and the process of production, distribution and management as a whole, and to enrich the learning process through practical experience; (b) to orient those with the interest and ability in technical and vocational education towards preparation for an occupational ﬁeld or training outside the formal education system; (c) to promote – in those who will leave formal education with no specific occupational aims or skills – attitudes and thought processes likely to enhance their aptitudes and potential, to facilitate the choice of an occupation and access

644 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

to a ﬁrst job, and to permit them to continue their vocational training and personal development. 22. General technical and vocational studies in schools, having great importance for the orientation and education of youth programmes, should include an appropriate balance between theoretical and practical work. Such a programme of studies should be drawn up in collaboration with the professional community and with those responsible for technical and vocational education. These programmes should: (a) be based upon a problem-solving and experimental approach, and involve experience in planning methods and decision-making; (b) introduce the learner to a broad spectrum of technological ﬁelds and to productive work situations; (c) develop a certain command of valuable practical skills such as tool use, repair and maintenance and safety procedures, and a respect for their value; (d) develop an appreciation of good design, craftsmanship and quality; (e) develop the ability to function as a team member and to communicate technical information; (f) be closely related to the local environment without, however, being limited to it. 23. Technical and vocational initiation programmes in general educational enrichment for youth and adults should be directed to enabling those engaged in working life to: (a) understand the general implications of technical change, its impact on their professional and private lives, and how to adapt to these changes; (b) use practical skills for improving the home and community environment, and thus the quality of life and productive leisure-time activities; (c) inculcate an awareness of the possible impact of technology on the environment, and of the concept of sustainable development.

V. Technical and vocational education as preparation for an occupational ﬁeld 24. Given the disparities that may exist between formal education, whether secondary or tertiary, and the employment and career opportunities available, the highest priority should be given to technical and vocational education. Consequently the structure and content of traditional education, whether general or technical and vocational, should be adapted accordingly, through: (a) the diversiﬁcation of secondary education in the later stages so that it may be pursued in conjunction with employment or training, or may lead to employment or to higher education, thereby offering to all youth educational options corresponding to their needs and abilities; (b) the development of educational structures and programmes on all levels centred on organized and ﬂexible interchange between educational institutions (including universities), training institutions and the world of work.

Recommendations Adopted by the General Conference

645

25. Technical and vocational education as preparation for an occupational ﬁeld should provide the foundation for productive and satisfying careers and should: (a) lead to the acquisition of broad knowledge and generic skills applicable to a number of occupations within a given ﬁeld so that the individual is not limited in his/her choice of occupation and is able to transfer from one ﬁeld to another during his/her working life; (b) at the same time oﬀer both a thorough and specialized preparation for initial employment, including self-employment, and also training within employment; (c) provide the background, in terms of knowledge, skills and attitudes, for continuing education at any point in the individual’s working life. 26. Premature and narrow specialization should be avoided: (a) in principle, the age of 15 should be considered the lower limit for beginning specialization; (b) a period of common studies providing basic knowledge and generic skills should be required for each broad occupational sector before a special branch is chosen. 27. Technical and vocational education programmes should be designed as comprehensive and inclusive systems to accommodate the needs of all learners, with special emphasis on motivating girls and women. Their equal access and participation should be ensured by: (a) appropriate legislative measures, (b) widespread dissemination of information concerning opportunities, (c) gender-sensitive guidance and counselling, (d) other incentives relevant to the local context. 28. Special provision should be made for out-of-school and unemployed youth, and children of socially disadvantaged groups such as minorities, migrant workers, refugees, etc., with little or no primary education, as well as for those not entering education or training programmes after completion of compulsory schooling, in order that they may acquire skills for wage- or self-employment. 29. Given the necessity of integrating people who are disadvantaged due to physical and intellectual disabilities into society and its occupations, the same educational opportunities should be available to them as to those without disabilities, in order that they may achieve qualiﬁcation for an occupation, to realize their potential and optimize their participation in the work force; special measures or special institutions may be required. 30. Technical and vocational education as preparation for an occupational ﬁeld should be organized on a national or provincial/local basis, so as to respond positively to overall social, economic and educational requirements and to the needs of diﬀerent groups of the population without discrimination. 31. Several organizational patterns of technical and vocational education, including fulltime, part-time, open and distance learning options, could exist within each country. The following patterns should be considered:

646 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(a) (b)

(c)

full-time programmes including general education and practical training, provided in an educational establishment, either comprehensive or specialized; part-time programmes such as the following, in which general education and theoretical and broad practical aspects of the occupational ﬁeld are given in an educational establishment, while specialized practical training is acquired during work in the chosen occupation: (i) the day-release system, providing for workers and apprentices to attend an educational establishment one or two days a week; (ii) the sandwich system, under which periods in an educational institution alternate with training periods in a factory, farm, business establishment or other undertaking; (iii) the block-release system, whereby workers are released to attend courses of ten to ﬁfteen weeks per year; open and distance education programmes provided through: (i) correspondence, (ii) special radio and television broadcasting, (iii) the Internet and other computerbased media.

32. The responsible authorities should encourage part-time education; therefore: (a) these programmes could be available after completion of minimum compulsory or required schooling, and should continue to be available throughout life; (b) the qualiﬁcations acquired by this means should be equivalent to those acquired by full-time education; (c) the practical training conducted by employers should be as broad as possible, and should aim to meet international standards. 33. In view of the increasing requirement for qualiﬁed middle-level personnel and the increasing numbers completing secondary education or its equivalent, the development of technical and vocational programmes at a tertiary level should be given high priority, by both public and private providers. The following patterns should be considered: (a) a period of one to two years of guided work experience, followed by part-time or full-time programmes of specialization; (b) part-time and/or evening programmes; (c) full-time programmes as an extension to those given in specialized secondary or tertiary institutions; (d) programmes oﬀered through open and distance learning. 34. In view of the high cost of equipment, its usage should be organized to yield optimum beneﬁt. This could be achieved as follows: (a) centralized or mobile workshops and libraries could be used to serve several educational institutions; (b) when educational institutions close for the evenings and vacations, their classrooms and workshops should be utilized for continuing education and non-formal training programmes; (c) workshops and laboratories should also be used to instil the culture of maintenance and respect for safety standards; (d) enterprises should be encouraged to make their equipment and facilities available for practical training.

Recommendations Adopted by the General Conference

647

35. Enterprises should be actively involved in the theoretical and practical training of those preparing for occupations in their particular sector, and should interact with educational institutions regarding the organization of such training. 36. All programmes of technical and vocational education as preparation for an occupational ﬁeld should: (a) aim at providing scientiﬁc knowledge, technical versatility, and a cluster of core competencies and generic skills required for rapid adaptation to new ideas and procedures and for steady career development; (b) be based on analyses and forecasts of occupational requirements by national education authorities, employment authorities, occupational organizations and other stakeholders; (c) include an appropriate balance between general subjects, science, and technology, as well as subjects such as computer literacy, information and communication technology, the environment, and studies of both the theoretical and practical aspects of the occupational ﬁeld; (d) stress developing a sense of values, ethics and attitudes to prepare the learner for self-reliance and responsible citizenship. 37. In particular, programmes should: (a) be interdisciplinary in character, as many occupations now require two or more traditional areas of study; (b) be based on curricula designed around core knowledge, competencies and skills; (c) include studies of the social and economic aspects of the occupational ﬁeld as a whole; (d) include an interdisciplinary perspective to equip students to work in the changing employment environment, and incorporate a multicultural perspective, which may include the study of a foreign language as preparation for international employment; (e) include the study of at least one foreign language of international use, which, while conducive to a higher cultural level, will give special emphasis to the requirements of communication, the acquisition of a scientiﬁc and technical vocabulary, and the need to prepare for international employment and multicultural working environments; (f) include an introduction to organizational, planning and entrepreneurial skills; (g) emphasize instruction in safe and environmentally sound procedures relative to the materials and equipment used in a given occupational ﬁeld, the importance of safe working conditions, and the health aspects relative to the occupation as a whole, including emergency and ﬁrst-aid training. 38. While based on the above general principles and components, and thus pursuing in all cases broader educational aims, programmes in their practical aspect should be designed taking into account special occupational requirements, especially in ‘new’ professions and those undergoing change, and particularly the use of the new information and

648

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

communication technology as a tool for enhancing the eﬀectiveness of all vocations, including those considered traditional. 39. Technical and vocational education programmes leading to university qualiﬁcation, while encouraging research and oﬀering high-level specialization, should be developed with particular attention to: (a) the inclusion of components directed to developing attitudes whereby those with broad responsibilities in technological ﬁelds constantly relate their professional tasks to broader ethical and social goals; (b) preparing the learner more generally for life and the world of work, bearing in mind that technical and vocational education is for economic, personal and social beneﬁt. 40. Programmes of technical and vocational education as preparation for occupations within the agricultural sector should be designed in accordance with the overall social and economic requirements of sustainable development in rural areas. 41. Where lack of resources is a serious constraint, priority should be given to developing programmes for areas experiencing skilled human-resource shortages, taking into consideration the projected needs for national economic development and the corresponding labour market growth. 42. Programmes preparing for occupations in small industry, individual farming or the artisan trades, particularly for self-employment, should include entrepreneurship and elementary information and communication technology studies to enable those engaged in such occupations to take responsibility for production, marketing, competent management and the rational organization of the enterprise. 43. Programmes leading to occupations in the business, commercial and service sectors, including the tourism and hospitality industries, should consist of: (a) training in the methods and skills developed as a result of the application of computer-based technology to business and oﬃce management, and particularly to the acquisition and processing of information; (b) training in the organizational and management skills required for the smooth operation of enterprises; (c) an introduction to marketing and distribution procedures. 44. Special attention should be given to developing programmes for preparing personnel at all levels for the social services system (e.g. community and family work, nursing and paramedical occupations, nutrition and food technology, home economics and environmental improvement). Those programmes should: (a) orientate the special occupational ﬁeld to raising standards of living, in terms of nutrition, clothing, housing, medical services, the quality of family life and that of the environment; (b) be adapted to the special requirements of local conditions, in particular those of climate and geography, materials available, community organization, and social and cultural patterns.

Recommendations Adopted by the General Conference

649

VI. Technical and vocational education as continuing education 45. The development and expansion of technical and vocational education as continuing education, both within and outside the formal education system, with either public or private funding, and within the framework of lifelong learning, should be a priority objective of all educational strategies. Broad provision should be made for allowing everyone, whatever their prior qualiﬁcations, to continue both their professional and general education, by facilitating seamless pathways for learners through articulation, accreditation and recognition of all prior learning and relevant work experience. Technical and vocational education should develop close interfaces with all other education sectors to facilitate seamless pathways for learners with an emphasis on articulation, accreditation and recognition of prior learning. Within this spectrum, technical and vocational education has a responsibility to ensure a sound initial education and training aimed at learning to learn, the most precious skill for all citizens, both young and adult. 46. In addition to permitting adults to make up deﬁciencies in general or vocational education, which has often been its sole objective, continuing education should now: (a) oﬀer possibilities for personal development and professional advancement by providing ﬂexibility in programme administration and curriculum design to facilitate smooth lifelong learning and ensure continuous entry, exit and re-entry points; (b) permit the updating and renewal of knowledge and practical abilities and skills in the occupational ﬁeld; (c) enable individuals to adapt to technological changes in their occupation or to enter another occupation; (d) be available throughout the individuals’ working life, without restriction with regard to age, sex, prior education and training or position, recognizing work experience as a substitute for prior learning; (e) be available to the increasing numbers of the aged population; (f) be broad in scope, including general education elements and contemporary cross-cutting areas. 47. The appropriate authorities should be encouraged to provide the basic conditions for continuing technical and vocational education, such as providing for paid educational leave and other forms of ﬁnancial aid. 48. Continuing technical and vocational education should be actively encouraged through: (a) widespread dissemination of information concerning the programmes available and ways of taking advantage of existing opportunities, including full use of the mass media and the Internet; (b) recognition of successful completion of programmes by increased remuneration and professional advancement, with the involvement of employers and professional associations.

650

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

49. Organizers of continuing technical and vocational education should consider the following ﬂexible forms of delivery: (a) courses and training oﬀered during working hours at the workplace, (b) part-time courses utilizing existing secondary and tertiary technical and vocational education institutions, (c) evening and weekend courses, (d) correspondence courses, (e) courses on educational radio and television and the Internet, (f) short professional ‘refresher’ courses. 50. The following forms of study/training leave from work should be considered: (a) day release, (b) block release of varying lengths, (c) release for one or more hours during the working day. 51. Programmes of continuing technical and vocational education should: (a) be designed and delivered to suit the special requirements of adults, using ﬂexible teaching methods that recognize already acquired expertise; (b) be designed for individually paced learning; (c) be programmed to accommodate the potential that information and communication technology has to oﬀer. 52. Provision should be made for the particular requirements of special groups: (a) to enable women completing maternity leave to update their knowledge and professional skills for re-entering the workforce; (b) to enable older workers and the unemployed to adapt to new occupations; (c) to provide minorities, foreign workers, migrants, refugees, indigenous people and people with disabilities with training programmes to help them to adapt to working life; (d) to enable other marginalized and excluded groups, such as early school leavers, out-of-school youth and demobilized soldiers in post-conﬂict situations to reenter the mainstream of society. 53. Continuing technical and vocational education programmes through the distance learning mode should be promoted for the beneﬁt of those disadvantaged by distance and location, such as individuals in rural communities and those engaged in seasonal work.

VII. Guidance 54. Guidance should be viewed as a continuous process spanning the entire education system, and should be directed towards aiding all to make conscious and positive educational and occupational choices. It should ensure that individuals are provided with the prerequisites: (a) to become aware of their interests, abilities and special talents, and to help them frame a plan for life;

Recommendations Adopted by the General Conference

(b) (c) (d)

651

to pursue courses of education and training designed to realize their potential and fulﬁl their life plans; to acquire ﬂexibility in decision-making concerning their occupations, in the initial and later stages, for developing a satisfying career; to facilitate transitions back and forth, as needed, between education, training and the world of work.

55. Guidance should take into account the needs of industry, the individual and the family, while preparing students and adults for the real possibility of frequent career changes – which could include periods of unemployment, and employment in the informal sector – to be achieved through: (a) close liaison and coordination between lifelong learning, training, the workplace, and placement services; (b) ensuring that all necessary information concerning the world of work and career opportunities is available, and actively disseminated using all available forms of communication; (c) ensuring that those engaged in work have access to information concerning continuing education and training as well as other work opportunities. 56. While emphasizing the needs of individuals, guidance should be accompanied by information that gives them a realistic view of the opportunities available, including trends in the labour market and employment structures, the environmental impact of various occupations, and what may be expected in terms of remuneration, career advancement and occupational mobility. 57. Particular attention should be given to guidance for girls and women, to ensure that: (a) guidance is gender-inclusive and covers the whole range of education, training and employment opportunities; (b) girls and women are encouraged and motivated to take advantage of the opportunities available; (c) girls and women are encouraged to pursue subjects such as mathematics and science, which are prerequisites for vocational education and training programmes. 58. Guidance in the formal schooling context should promote technical and vocational education as a viable and attractive choice for young people. It should: (a) cover a broad range of occupations, include supplementary visits to workplaces, and make the student aware of the eventual necessity of choosing an occupation and the importance of ensuring that this choice is made as rationally as possible; (b) assist students and their parents/guardians in making a positive choice concerning educational streams, and encourage learners to keep open a wide range of options so as to increase their learning and occupational ﬂexibility. 59. Guidance in technical and vocational education as preparation for an occupational ﬁeld should:

652

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(a)

(b) (c) (d)

inform students of the various possibilities open in the particular ﬁeld of interest, the educational background required, and the subsequent possibilities for continuing education and further training; encourage students to choose educational programmes that will not limit their later employment options; follow the students’ progress through their educational programmes; supplement the programmes by short periods of work experience and study of real work situations.

60. For individuals engaged in continuing technical and vocational education as a part of their lifelong learning, guidance should: (a) help to choose the programme best suited to their needs, (b) enable them to make eﬀective choices regarding their entry into suitable levels of specialization. 61. Guidance should take into account: (a) economic, social, technological, cultural and family factors inﬂuencing the learners’ attitudes, expectations and choice of career; (b) results of testing, including aptitude tests; (c) educational achievements and/or work experience; (d) opportunities and prospects in the occupational sector of interest; (e) individual preferences and special needs, including medical conditions, physical limitations and disabilities. 62. Guidance systems need to be accountable to the beneﬁciaries and sponsors of the service. Quality assurance and long-term results should be continually monitored at national and institutional levels through: (a) accurate records of clients, needs addressed, programmes and interventions used, and resultant employment including self-employment; (b) a system of evaluation both of staﬀ performance and of the methods used to determine the long-term eﬀects of guidance and the degree of self-reliance of beneﬁciaries.

VIII. The learning process 63. The challenges facing technical and vocational education in the twenty-ﬁrst century demand learner-centred innovative and flexible approaches including a reoriented curriculum to take account of new subjects and issues such as technology, the environment, foreign languages and cultures, entrepreneurship and the requirements of rapidly growing service industries. 64. Theory and practice should form an integrated whole and be presented in a manner that motivates the learners. Experience in the laboratory, workshop and/or enterprises should be linked to mathematical and scientiﬁc foundations, and conversely, technical theory, as well as the mathematics and science underlying it, should be illustrated through their practical applications.

Recommendations Adopted by the General Conference

653

65. Full use should be made of contemporary educational technology, particularly the Internet, interactive multimedia materials, audio-visual aids and mass media, to enhance the reach, cost eﬀectiveness, quality and richness of programmes, especially in the promotion of self-learning. 66. The methods and materials used in technical and vocational education should be carefully adapted to the learners’ needs. In this respect: (a) where the language of instruction diﬀers from the native language, teaching materials should make maximum use of numerical and graphical representation, written material being kept to a minimum; (b) where materials developed in one country are adapted for use in another, this adaptation should be carefully made with due regard to local factors; (c) considering, however, the increasing mobility of labour, the acquisition of foreign language skills should be considered a vital aspect of the curriculum. 67. Machines and equipment used in workshops in educational institutions should be geared to the needs of the workplace, and should simulate it as closely as possible. Learners should be capable of operating and maintaining the equipment. 68. Evaluation/assessment should be an integral part of the teaching and learning process, and its major function should be to ensure the availability of appropriate programmes for the development of learners in accordance with their interests and capacities, and competence in the world of work. 69. The learners’ performance should be evaluated/assessed on an overall basis that considers class participation, interests and attitude, aptitude for acquiring practical skills and competencies, and relative progress, allowance being made for aptitudes, and examinations and other tests. 70. Learners should participate in the evaluation/assessment of their own progress, and this system should have an in-built feedback mechanism to identify and correct learning problems. 71. Continuous evaluation of the teaching and learning process, including formative assessment, should be undertaken with the participation of teachers, supervisors, learners, and representatives from the occupational ﬁelds concerned, to ensure that the programme is eﬀective and that the knowledge and skills imparted meet the needs of the workplace, and include recent developments in the ﬁeld of study.

IX. Staﬀ 72. To ensure the high quality of technical and vocational education, priority should be given to the recruitment and initial preparation of adequate numbers of well-qualiﬁed teachers, instructors/trainers, administrators and guidance staﬀ, and to the provision of continuous professional upgrading throughout their career, and other facilities to enable them to function eﬀectively.

654

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

73. The emoluments and conditions of service which are oﬀered should compare favourably with those enjoyed by persons with similar qualifications and experience in other occupational sectors. In particular, promotions, salaries and pension scales for technical and vocational education staﬀ should take into account any relevant experience acquired in employment outside the educational sector.

Teaching staff 74. All teachers in technical and vocational education, including instructors/trainers who teach practical skills, should be considered an integral part of the teaching profession, and should be recognized as having the same status as their colleagues in general education. In this regard: (a) the Recommendation concerning the Status of Teachers adopted by the Special Intergovernmental Conference on the Status of Teachers on 5 October 1966 is applicable to them especially as regards the provisions concerning preparation for a profession, continuing education, employment and career, the rights and responsibilities of teachers, conditions for eﬀective teaching and learning, teachers’ salaries, and social security; (b) arbitrary distinctions between teachers in specialized technical and vocational institutions and those in general education institutions should be eliminated. 75. Technical and vocational education teachers, on a full-time or part-time basis, should possess the appropriate personal, ethical, professional and teaching qualities, and a strong initial preparation that will enable them to operate in and adapt to an ever-changing scientiﬁc, technological and social environment. 76. Teachers of technical and vocational subjects in general education should: (a) be familiar with a broad range of specialities; (b) develop the ability to relate these to each other as well as to the larger social, economic, environmental, historical and cultural context; (c) where these subjects serve primarily an occupation or educational orientation function, be able to give guidance. 77. Teachers of technical and vocational education for occupational ﬁelds should have relevant qualiﬁcations so that: (a) if the occupational ﬁeld requires primarily practical skills, they should have signiﬁcant experience in the exercise of these skills; (b) if learners are to be prepared for technician or middle-management positions, teachers should have a thorough knowledge, preferably acquired through appropriate practical experience, of the special requirements of this type of position; (c) if the occupational ﬁeld requires research and theoretical analysis, e.g. an engineering ﬁeld, teachers should have a background in research methods. 78. Teachers in technical and vocational education as continuing education should, in addition to the special preparation for teaching adults, have an adequate knowledge of the

Recommendations Adopted by the General Conference

655

working environment of the learners, and be able to provide distance and individually paced education and training. 79. Skilled professionals working outside education should be invited to teach in schools, universities or other educational institutions in order to link the world of work more closely to the classroom. 80. Teachers of general subjects in technical and vocational education institutions, in addition to qualiﬁcations in their own ﬁeld, should have an appreciation of the nature of the learners’ specialized technical and vocational education programme. 81. Preparation for technical and vocational teaching should preferably be oﬀered as a tertiary programme, requiring completion of secondary education or its equivalent for entrance. All programmes should be designed with the following objectives in mind: (a) to maintain standards of education and professional preparation in eﬀect for the teaching profession as a whole and to contribute to raising these overall standards; (b) to develop in future teachers the ability to teach both the theoretical and the practical aspects of their ﬁeld, with special emphasis on the need to use, whenever possible, the information and communication technologies; (c) to develop in future teachers the responsibility for keeping up to date with trends in their ﬁeld, as well as with the related work opportunities; (d) to develop in future teachers the ability to guide learners with special needs; (e) to ensure that future teachers are equipped, by means of supplementary training, to teach other subjects related to their primary subject. 82. Flexible training and retraining programmes, combining instruction on the campus and in the workplace, must be adapted to suit the concerned subjects and the needs of the learners and the workplace by developing new and appropriate instruments of assessment, accreditation and articulation, and certiﬁcation standards. 83. When local conditions prevent future teachers from receiving practical work experience in their training, the teacher-training institution should attempt to simulate workplace conditions as part of the curriculum. 84. The professional preparation of all technical and vocational teachers should include the following elements in pre-service training and in-service upgrading programmes: (a) educational theory in general and particularly as it applies to technical and vocational education; (b) educational psychology and sociology relevant to the subjects/ﬁelds to be taught by the future teachers; (c) classroom management, special teaching methods appropriate to the subjects/ ﬁelds of the future teachers, and methods of evaluating/assessing the students’ work; (d) training in the choice and use of contemporary teaching techniques and aids, including information/communication technologies;

656

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(e)

(f) (g) (h) (i)

training in how to create and produce appropriate teaching materials, including modular and computer-aided instructional materials, whenever such materials are in short supply; a period of supervised practice teaching before appointment to a post; an introduction to educational and occupational guidance methods as well as to educational administration; planning the instructional environment of practical classes and laboratories and managing/maintaining these facilities; a sound training in safety, with emphasis on teaching safe working practices and setting a good working example.

85. Staﬀ responsible for the preparation of technical and vocational teachers should have obtained advanced qualiﬁcations in their ﬁeld: (a) teacher-educators responsible for special technical and vocational ﬁelds should have qualiﬁcations in their ﬁeld equivalent to those of special subjects staﬀ in other higher education institutions and programmes, including advanced degrees and employment experience in related occupational ﬁelds; (b) teacher-educators responsible for the pedagogical aspect of teacher preparation should themselves be experienced teachers in technical and vocational education, and should possess advanced qualiﬁcations in education. 86. Staﬀ responsible for the preparation of technical and vocational teachers should be actively engaged in technical research and analyses of work opportunities in their ﬁeld. Provision should be made for this in terms of a reasonable teaching load, and access to appropriate facilities. 87. Teaching staﬀ should be encouraged to continue their education and training, whatever their specialized ﬁeld, and should have the necessary means to do so. Lifelong learning should be made available in a wide range of facilities, and should include: (a) continuous review and updating of knowledge, competencies and skills; (b) continuous updating of specialized professional skills and knowledge; (c) periodic work experience in the relevant occupational sector. 88. When questions of promotion, seniority and status are considered, teachers’ achievements in continuing education and training, as well as relevant work experience, should be taken into account.

Administrative and guidance staff 89. Administrators of technical and vocational education programmes should be equipped with the following qualiﬁcations: (a) teaching experience in a ﬁeld of technical and vocational education; (b) some work experience in one of the ﬁelds taught in the programme; (c) a broad vision of technical and vocational education as a vital element in personal, social and economic development; (d) knowledge of administrative techniques and procedures.

Recommendations Adopted by the General Conference

657

90. The heads of technical and vocational education establishments should devote a signiﬁcant portion of their time to the educational and scientiﬁc aspects of their work. Suﬃcient staﬀ should be available to provide the following services: (a) counselling and guidance for candidates and students; (b) the preparation, supervision and coordination of all practical work and experiments; (c) the maintenance of instruments, apparatus and tools in workshops and laboratories; (d) academic support services such as libraries, information and communication technology centres, and information resource centres. 91. Administrators should keep up to date with new administrative techniques and trends, especially through relevant lifelong learning programmes. They should receive special training in the methods and problems associated with the speciﬁc features of technical and vocational education programmes, such as ﬂexible entry and re-entry patterns, continuous training in the workplace, and relevance to the needs of the world of work. This preparation should include: (a) management methods appropriate to educational administration, including techniques that utilize information and communication technologies; (b) ﬁnancial planning methods that facilitate the allocation of available resources, given the objectives and priorities of the various programmes, and ensure their eﬃcient utilization; (c) contemporary human resources management and development methods. 92. Guidance staﬀ should receive special preparation for their tasks. They should be equipped to make objective assessments of aptitude, interest and motivation, and have upto-date information concerning education and work opportunities. They should acquire a direct knowledge of the economy and the world of work through systematically organized visits to enterprises and training periods in enterprises. Guidance staﬀ should be provided with facilities – including the opportunity for practical experience – to keep up with new information and methods of guidance. Most importantly, they should bear in mind the concept that technical and vocational education must be available to all as part of the lifelong learning process. It must contribute to personal and economic development and responsible citizenship.

X. International cooperation 93. Member States should give priority to international cooperation between the North and South, as well as between countries of the South, with the assistance of concerned international organizations, to renovate and sustain technical and vocational education systems, with particular emphasis on the following: (a) the need for developing countries to take ownership of technical and vocational education and to increase their budget for this sector of education; (b) the eﬃcient coordination, within any given country, of international assistance activities;

658

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(c) (d)

enhancing the sharing of intellectual property, including through research and development, for the beneﬁt of learners in all countries and situations; recognition by all stakeholders, including international ﬁnancial authorities, of the contribution of technical and vocational education to the maintenance of peace and stability and to the prevention of social dysfunction, and the need to incorporate support for this sector of education in their assistance to recipient countries.

94. Member States should take special measures to make technical and vocational education accessible to foreigners (in particular migrants and refugees) and their children living within their territory. Such measures should take into account the special needs of such persons in the host country, as well as in the event of their return to their country of origin. 95. There is signiﬁcant scope for countries to share their experience in technical and vocational education. There is a need for mutual cooperative assistance between all countries, regardless of their state of development. Provision should be made at the national, regional and international levels for the regular exchange – making use of contemporary information and communication technologies – of information, documentation, and materials obtained from research and development, in particular: (a) publications concerning comparative education, psychological and pedagogical problems aﬀecting general and technical and vocational education, and current trends; (b) information and documentation concerning curriculum development, methods and materials, study opportunities abroad, and employment opportunities, including human resource requirements, working conditions and social beneﬁts; (c) ideas, innovations and new teaching/learning/training materials; (d) mass media programmes of an informational or pedagogical character. 96. Regional cooperation should be encouraged among countries having a common cultural heritage, and/or facing common problems in the development or extension of technical and vocational education, through: (a) periodic meetings at the ministerial level, and the establishment of a mechanism to review policies formulated and actions taken; (b) the creation of joint facilities for higher-level research, the development of prototype materials and equipment, and the preparation of staﬀ for the training of teachers where the costs of such facilities are too high to be sustained by any one country. 97. The development of teaching and learning materials which use the information and communication technologies and are suitable for international or regional use should be considered a priority area. These materials should contribute to the progressive establishment and recognition of common standards for professional competencies/qualiﬁcations acquired through technical and vocational education. Moreover, such teaching and learning materials should encourage deliberate international collaborative teaching and learning among institutions.

Recommendations Adopted by the General Conference

659

98. Member States should encourage the creation of a climate favourable to international cooperation with a view to capacity-building in developing countries, especially in the areas of acquisition, adaptation and application of technology, through: (a) fellowship and exchange programmes for teachers/trainers, students and administrators/managers; (b) establishing sustained cooperation between similar institutions in diﬀerent countries, such as through twinning arrangements; (c) provision of work experience abroad, particularly when opportunities at home are limited; (d) encouraging countries to present and make known their educational programmes outside their national boundaries. 99. To facilitate international cooperation, Member States should, through the exchange of good practices and methods, aim to apply relevant and appropriate internationally recommended standards and norms relating in particular to: (a) systems of assessment/evaluation; (b) scientiﬁc and technical symbols; (c) occupational qualiﬁcations and certiﬁcation; (d) equipment and technical standards; (e) information processing; (f) equivalencies of qualiﬁcations, implying standardization of curricula and testing, including aptitude tests; (g) occupational safety and security, through testing of materials, products and processes; (h) environmental protection and conservation. 100. Internationally recommended standards and norms should be continuously evaluated through sustained research on and monitoring of the eﬀectiveness of their application in each country, with a view to enabling countries to use lifelong technical and vocational education as a means of narrowing the disparities between the North and the South and as a bridge to a more prosperous and peaceful future in the twenty-ﬁrst century. The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its thirty-ﬁrst session, which was held in Paris and declared closed on the third day of November 2001. IN FAITH WHEREOF we have appended our signatures The President of the General Conference The Director-General

660 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Recommendation on the Promotion and Use of Multilingualism and Universal Access to Cyberspace adopted by the General Conference of UNESCO at its 32nd session, Paris, 15 October 2003 The General Conference, Committed to the full implementation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and other universally recognized legal instruments, and mindful of the two International Covenants of 1966 relating respectively to civil and political rights and to economic, social and cultural rights, Recognizing the ‘central and important role of the United Nations Educational, Scientiﬁc and Cultural Organization in the ﬁeld of information and communication and in the implementation of the relevant decisions in this area adopted by the General Conference of that Organization and of the relevant parts of the Assembly resolutions on the subject’, Recalling that the Preamble to the Constitution of UNESCO aﬃrms, ‘that the wide diﬀusion of culture, and the education of humanity for justice and liberty and peace are indispensable to the dignity of man and constitute a sacred duty which all the nations must fulﬁl in a spirit of mutual assistance and concern’, Further recalling Article I of the Constitution, which assigns to UNESCO among other purposes that of recommending ‘such international agreements as may be necessary to promote the free ﬂow of ideas by word and image’, Aﬃrming the principles embodied in the Universal Declaration on Cultural Diversity, adopted by the General Conference of UNESCO at its thirty-ﬁrst session and particularly its Articles 5, 6 and 8, Referring to the resolutions of the General Conference of UNESCO with regard to the promotion of multilingualism and universal access to information in cyberspace, Convinced that the development of new information and communication technologies (ICTs) provides opportunities to improve the free ﬂow of ideas by word and image but also presents challenges for ensuring the participation of all in the global information society, Noting that linguistic diversity in the global information networks and universal access to information in cyberspace are at the core of contemporary debates and can be a determining factor in the development of a knowledge-based society, Taking into account international treaties and agreements on intellectual property, in order to facilitate the promotion of universal access to information,

Recommendations Adopted by the General Conference

661

Acknowledging the need for capacity-building, particularly for developing countries, in acquisition and application of the new technologies for the information-poor, Recognizing that basic education and literacy are prerequisites for universal access to cyberspace, Considering that diﬀerent levels of economic development aﬀect prospects for access to cyberspace and that speciﬁc policies and increased solidarity are required to redress current asymmetries and create a climate of mutual trust and understanding, Adopts the present Recommendation.

Development of multilingual content and systems 1. The public and private sectors and the civil society at local, national, regional and international levels should work to provide the necessary resources and take the necessary measures to alleviate language barriers and promote human interaction on the Internet by encouraging the creation and processing of, and access to, educational, cultural and scientiﬁc content in digital form, so as to ensure that all cultures can express themselves and have access to cyberspace in all languages, including indigenous ones. 2. Member States and international organizations should encourage and support capacitybuilding for the production of local and indigenous content on the Internet. 3. Member States should formulate appropriate national policies on the crucial issue of language survival in cyberspace, designed to promote the teaching of languages, including mother tongues, in cyberspace. International support and assistance to developing countries should be strengthened and extended to facilitate the development of freely accessible materials on language education in electronic form and to the enhancement of human capital skills in this area. 4. Member States, international organizations and information and communication technology industries should encourage collaborative participatory research and development on, and local adaptation of, operating systems, search engines and web browsers with extensive multilingual capabilities, online dictionaries and terminologies. They should support international cooperative eﬀorts with regard to automated translation services accessible to all, as well as intelligent linguistic systems such as those performing multilingual information retrieval, summarizing/abstracting and speech understanding, while fully respecting the right of translation of authors. 5. UNESCO, in cooperation with other international organizations, should establish a collaborative online observatory on existing policies, regulations, technical recommendations, and best practices relating to multilingualism and multilingual resources and applications, including innovations in language computerization.

Facilitating access to networks and services 6. Member States and international organizations should recognize and support universal access to the Internet as an instrument for promoting the realization of the human rights as deﬁned in Articles 19 and 27 of the Universal Declaration of Human Rights.

662

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

7. Member States and international organizations should promote access to the Internet as a service of public interest through the adoption of appropriate policies in order to enhance the process of empowering citizenship and civil society, and by encouraging proper implementation of, and support to, such policies in developing countries, with due consideration of the needs of rural communities. 8. In particular, Member States and international organizations should establish mechanisms at the local, national, regional and international levels to facilitate universal access to the Internet through aﬀordable telecommunications and Internet costs with special consideration given to the needs of public service and educational institutions, and of disadvantaged and disabled population groups. New incentives in this area should be designed towards this end including public–private partnerships to encourage investment and the lowering of ﬁnancial barriers to the use of ICT, such as taxes and customs duties on informatics equipment, software and services. 9. Member States should encourage Internet service providers (ISPs) to consider provision of concessionary rates for Internet access in public service institutions, such as schools, academic institutions, museums, archives and public libraries, as a transitional measure towards universal access to cyberspace. 10. Member States should encourage the development of information strategies and models that facilitate community access, and reach out to all levels of society, including the setting up of community projects and fostering the emergence of local information and communication technology leaders and mentors. Strategies should also support cooperation on ICT among public service institutions, as a means of reducing the cost of access to Internet services. 11. Interconnection on a negotiated cost-sharing basis in the spirit of international cooperation should be encouraged between national Internet peering points combining the traﬃc of private and non-proﬁt ISPs in developing countries and peering points in other countries whether developing or industrialized. 12. Regional organizations and forums should encourage the establishment of inter- and intra-regional networks powered by high-capacity regional backbones to connect each country within a global network in an open competitive environment. 13. Concerted eﬀorts within the United Nations system should promote the sharing of information about and experience on the use of ICT-based networks and services in socioeconomic development, including open source technologies, as well as policy formulation and capacity-building in developing countries. 14. Member States and international organizations should promote appropriate partnerships in the management of domain names, including multilingual domain names.

Development of public domain content 15. Member States should recognize and enact the right of universal online access to public and government-held records including information relevant for citizens in a modern

Recommendations Adopted by the General Conference

663

democratic society, giving due account to conﬁdentiality, privacy and national security concerns, as well as to intellectual property rights to the extent that they apply to the use of such information. International organizations should recognize and promulgate the right for each State to have access to essential data relating to its social or economic situation. 16. Member States and international organizations should identify and promote repositories of information and knowledge in the public domain and make them accessible by all, thus shaping learning environments conducive to creativity and audience development. To this end, adequate funding should be provided for the preservation and digitization of public domain information. 17. Member States and international organizations should encourage cooperative arrangements which respect both public and private interests in order to ensure universal access to information in the public domain without geographical, economic, social or cultural discrimination. 18. Member States and international organizations should encourage open access solutions including the formulation of technical and methodological standards for information exchange, portability and interoperability, as well as online accessibility of public domain information on global information networks. 19. Member States and international organizations should promote and facilitate ICT literacy, including popularizing and building trust in ICT implementation and use. The development of ‘human capital’ for the information society, including an open, integrated and intercultural education combined with skills training in ICT, is of crucial importance. ICT training should not be limited to technical competence but should also include awareness of ethical principles and values. 20. Interagency cooperation within the United Nations system should be reinforced with a view to building up a universally accessible body of knowledge, particularly for the beneﬁt of developing countries and disadvantaged communities, from the massive amount of information produced through development projects and programmes. 21. UNESCO, in close cooperation with other intergovernmental organizations concerned, should undertake the compilation of an international inventory of legislation, regulations and policies on the generation and online dissemination of public domain information. 22. Definition and adoption of best practices and voluntary, self-regulatory, professional and ethical guidelines should be encouraged among information producers, users and service providers with due respect to freedom of expression.

Reaffirming the equitable balance between the interests of rights-holders and the public interest 23. Member States should undertake, in close cooperation with all interested parties, the updating of national copyright legislation and its adaptation to cyberspace, taking full account of the fair balance between the interests of authors, copyright and related

664

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

rights-holders, and of the public, embodied in international copyright and related rights conventions. 24. Member States and international organizations, when appropriate, should encourage rights-holders and the lawful beneﬁciaries of limitations and exceptions to copyright and related rights protection to ensure that such limitations and exceptions are applied in certain special cases that do not conﬂict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the rightsholders as required for in the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). 25. Member States and international organizations should pay careful attention to the development of technological innovations and to their potential impact on access to information in the framework of copyright and related rights protection under international treaties and agreements.

*** The General Conference recommends that Member States apply the above provisions by taking whatever legislative or other steps are required to give eﬀect within their respective territories and jurisdictions to the norms and principles set forth in this Recommendation. The General Conference recommends that Member States bring this Recommendation to the attention of the authorities and services responsible for public and private works on ICT policies, strategies and infrastructures, including use of multilingualism on the Internet, the development of networks and services, expansion of public domain information on the Internet and intellectual property rights issues. The General Conference recommends that Member States should report to it, on the dates and in a manner to be determined by it, on the action they have taken to give eﬀect to this Recommendation.

Appendix: Definitions For the purpose of this Recommendation: (a) Backbone is a high-capacity network that links together other networks of lower capacity. (b) Copyright limitations and exceptions are provisions in copyright and related rights laws restricting the right of the author or other rights-holders with regard to the exploitation of their work or object of related rights. The main forms of such limitations and exceptions are compulsory licenses, statutory licenses and fair use. (c) Cyberspace is the virtual world for digital or electronic communication associated with the global information infrastructure. (d) Domain name is the name given to an Internet address, which facilitates access to Internet resources by users (e.g. ‘unesco.org’ is http://www.unesco.org).

Recommendations Adopted by the General Conference

665

Intelligent linguistic systems combine the rapid computational, data retrieval and manipulation power of today’s computers with the more abstract and subtle reasoning skills and understanding of nuances that are implied but not necessarily explicitly stated in inter-human communication within and across languages, thus allowing the simulation of human communication to a high degree. (f) Internet service provider (ISP) is a supplier of Internet access services. (g) Interoperability is the ability of software and hardware on diﬀerent machines from diﬀerent vendors to share data. (h) Open source technologies are based on the premise of open source, a certiﬁcation standard issued by the Open Source Initiative (OSI) that indicates that the source code (program instructions in their original form or programming language) of a computer program is made available free of charge to the general public. (i) Peering is a relationship between two or more ISPs in which the ISPs create a direct link between them and agree to forward each other’s packets directly across this link instead of using the Internet backbone. When peering involves more than two ISPs, all traﬃc destined for any of the ISPs is ﬁrst routed to a central exchange, called a peering point, and then forwarded to the ﬁnal destination. (j) Portability refers to the ability of software to be used on a variety of computers without necessitating a particular machine or hardware. (k) Public domain information is publicly accessible information, the use of which does not infringe any legal right, or any obligation of conﬁdentiality. It thus refers, on the one hand, to the realm of all works, or objects of related rights, which can be exploited by everybody without any authorization, for instance because protection is not granted under national or international law, or because of the expiration of the term of protection. It refers, on the other hand, to public data and oﬃcial information produced and voluntarily made available by governments or international organizations. (l) Search engine is a software application that searches documents for speciﬁed keywords and localizes or retrieves the documents where the keywords were found. (m) Universal access to cyberspace is equitable and aﬀordable access by all citizens to information infrastructure (notably to the Internet) and to information and knowledge essential to collective and individual human development. (n) Web browser is a software application used to locate and display World Wide Web pages. (e)

The foregoing is the authentic text of the Recommendation duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its thirty-second session, which was held in Paris and declared closed on the seventeenth day of October 2003. IN FAITH WHEREOF we have appended our signatures The President of the General Conference The Director-General

PART III DECLARATIONS ADOPTED BY THE GENERAL CONFERENCE

Declarations Adopted by the General Conference

669

Declaration of the Principles of International Cultural Cooperation adopted by the General Conference of UNESCO at its 14th session, Paris, 4 November 1966 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, met in Paris for its fourteenth session, this fourth day of November 1966, being the twentieth anniversary of the foundation of the Organization, Recalling that the Constitution of the Organization declares that ‘since wars begin in the minds of men, it is in the minds of men that the defences of peace must be constructed’, and that the peace must be founded, if it is not to fail, upon the intellectual and moral solidarity of mankind, Recalling that the Constitution also states that the wide diﬀusion of culture and the education of humanity for justice and liberty and peace are indispensable to the dignity of man and constitute a sacred duty which all the nations must fulﬁl in a spirit of mutual assistance and concern, Considering that the Organization’s Member States, believing in the pursuit of truth and the free exchange of ideas and knowledge, have agreed and determined to develop and to increase the means of communication between their peoples, Considering that, despite the technical advances which facilitate the development and dissemination of knowledge and ideas, ignorance of the way of life and customs of peoples still presents an obstacle to friendship among the nations, to peaceful cooperation and to the progress of mankind, Taking account of the Universal Declaration of Human Rights, the Declaration of the Rights of the Child, the Declaration on the Granting of Independence to Colonial Countries and Peoples, the United Nations Declaration on the Elimination of all Forms of Racial Discrimination, the Declaration on the Promotion among Youth of the Ideals of Peace, Mutual Respect and Understanding between Peoples, and the Declaration on the Inadmissibility of Intervention in the Domestic Aﬀairs of States and the Protection of their Independence and Sovereignty, proclaimed successively by the General Assembly of the United Nations, Convinced by the experience of the Organization’s ﬁrst twenty years that, if international cultural cooperation is to be strengthened, its principles require to be aﬃrmed, Proclaims this Declaration of the Principles of International Cultural Cooperation, to the end that governments, authorities, organizations, associations and institutions responsible for cultural activities may constantly be guided by these principles, and for the purpose, as set out in the Constitution of the Organization, of advancing, through the educational, scientiﬁc and cultural relations of the peoples of the world, the objectives of peace and welfare that are deﬁned in the Charter of the United Nations.

670

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article I 1. Each culture has a dignity and value which must be respected and preserved. 2. Every people has the right and the duty to develop its culture. 3. In their rich variety and diversity, and in the reciprocal inﬂuences they exert on one another, all cultures form part of the common heritage belonging to all mankind.

Article II Nations shall endeavour to develop the various branches of culture side by side and, as far as possible, simultaneously, so as to establish a harmonious balance between technical progress and the intellectual and moral advancement of mankind.

Article III International cultural cooperation shall cover all aspects of intellectual and creative activities relating to education, science and culture.

Article IV The aims of international cultural cooperation in its various forms, bilateral or multilateral, regional or universal, shall be: 1. to spread knowledge, to stimulate talent and to enrich cultures; 2. to develop peaceful relations and friendship among the peoples and bring about a better understanding of each other’s way of life; 3. to contribute to the application of the principles set out in the United Nations declarations that are recalled in the Preamble to this Declaration; 4. to enable everyone to have access to knowledge, to enjoy the arts and literature of all peoples, to share in advances made in science in all parts of the world and in the resulting beneﬁts, and to contribute to the enrichment of cultural life; 5. to raise the level of the spiritual and material life of man in all parts of the world.

Article V Cultural cooperation is a right and a duty for all peoples and all nations, which should share with one another their knowledge and skills.

Article VI International cooperation, while promoting the enrichment of all cultures through its beneﬁcent action, shall respect the distinctive character of each.

Article VII 1. Broad dissemination of ideas and knowledge, based on the freest exchange and discussion, is essential to creative activity, the pursuit of truth and the development of the personality.

Declarations Adopted by the General Conference

671

2. In cultural cooperation, stress shall be laid on ideas and values conducive to the creation of a climate of friendship and peace. Any mark of hostility in attitudes and in expression of opinion shall be avoided. Every eﬀort shall be made, in presenting and disseminating information, to ensure its authenticity.

Article VIII Cultural cooperation shall be carried on for the mutual beneﬁt of all the nations practising it. Exchanges to which it gives rise shall be arranged in a spirit of broad reciprocity.

Article IX Cultural cooperation shall contribute to the establishment of stable, long-term relations between peoples, which should be subjected as little as possible to the strains which may arise in international life.

Article X Cultural cooperation shall be specially concerned with the moral and intellectual education of young people in a spirit of friendship, international understanding and peace, and shall foster awareness among States of the need to stimulate talent and promote the training of the rising generations in the most varied sectors.

Article XI 1. In their cultural relations, States shall bear in mind the principles of the United Nations. In seeking to achieve international cooperation, they shall respect the sovereign equality of States and shall refrain from intervention in matters which are essentially within the domestic jurisdiction of any State. 2. The principles of this Declaration shall be applied with due regard for human rights and fundamental freedoms.

672

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Declaration of Guiding Principles on the Use of Satellite Broadcasting for the Free Flow of Information, the Spread of Education and Greater Cultural Exchange adopted by the General Conference of UNESCO at its 17th session, Paris, 15 November 1972 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris at its seventeenth session, in 1972, Recognizing that the development of communication satellites capable of broadcasting programmes for community or individual reception establishes a new dimension in international communication, Recalling that under its Constitution the purpose of UNESCO is to contribute to peace and security by promoting collaboration among the nations through education, science and culture, and that, to realize this purpose, the Organization will collaborate in the work of advancing the mutual knowledge and understanding of peoples through all means of mass communication and to that end recommend such international agreements as may be necessary to promote the free ﬂow of ideas by word and image, Recalling that the Charter of the United Nations speciﬁes, among the purposes and principles of the United Nations, the development of friendly relations among nations based on respect for the principle of equal rights, the non-interference in matters within the domestic jurisdiction of any State, the achievement of international cooperation and the respect for human rights and fundamental freedoms, Bearing in mind that the Universal Declaration of Human Rights proclaims that everyone has the right to seek, receive and impart information and ideas through any media and regardless of frontiers, that everyone has the right to education and that everyone has the right freely to participate in the cultural life of the community, as well as the right to the protection of the moral and material interests resulting from any scientiﬁc, literary or artistic production of which he is the author, Recalling the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (Resolution 1962 [XVIII] of 13 December 1963), and the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, of 1967 (hereinafter referred to as the Outer Space Treaty), Taking account of United Nations General Assembly Resolution 110 (II) of 3 November 1947, condemning propaganda designed or likely to provoke or encourage any threat to the peace, breach of the peace or act of aggression, which resolution as stated in the preamble to the Outer Space Treaty is applicable to outer space; and the United Nations General Assembly Resolution 1721 D (XVI) of 20 December 1961, declaring that

Declarations Adopted by the General Conference

673

communication by means of satellites should be available as soon as practicable on a global and non-discriminatory basis, Bearing in mind the Declaration of the Principles of International Cultural Cooperation adopted by the General Conference of UNESCO, at its fourteenth session, Considering that radio frequencies are a limited natural resource belonging to all nations, that their use is regulated by the International Telecommunications Convention and its Radio Regulations, and that the assignment of adequate frequencies is essential to the use of satellite broadcasting for education, science, culture and information, Noting the United Nations General Assembly Resolution 2733 (XXV) of 16 December 1970, recommending that Member States, regional and international organizations, including broadcasting associations, should promote and encourage international cooperation at regional and other levels in order to allow all participating parties to share in the establishment and operation of regional satellite broadcasting services, Noting further that the same resolution invites UNESCO to continue to promote the use of satellite broadcasting for advancement of education and training, science and culture, and in consultation with appropriate intergovernmental and non-governmental organizations and broadcasting associations, to direct its eﬀorts towards the solution of problems falling within its mandate, Proclaims, on the ﬁfteenth day of November 1972, this Declaration of Guiding Principles on the Use of Satellite Broadcasting for the Free Flow of Information, the Spread of Education and Greater Cultural Exchange.

Article I The use of outer space being governed by international law, the development of satellite broadcasting shall be guided by the principles and rules of international law, in particular the Charter of the United Nations and the Outer Space Treaty.

Article II 1. Satellite broadcasting shall respect the sovereignty and equality of all States. 2. Satellite broadcasting shall be apolitical and conducted with due regard for the rights of individual persons and non-governmental entities, as recognized by States and international law.

Article III 1. The beneﬁts of satellite broadcasting should be available to all countries without discrimination and regardless of their degree of development. 2. The use of satellites for broadcasting should be based on international cooperation, worldwide and regional, intergovernmental and professional.

674

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article IV 1. Satellite broadcasting provides a new means of disseminating knowledge and promoting better understanding among peoples. 2. The fulﬁlment of these potentialities requires that account be taken of the needs and rights of audiences, as well as the objectives of peace, friendship, and cooperation between peoples, and of economic, social and cultural progress.

Article V 1. The objective of satellite broadcasting for the free ﬂow of information is to ensure the widest possible dissemination, among the peoples of the world, of news of all countries, developed and developing alike. 2. Satellite broadcasting, making possible instantaneous worldwide dissemination of news, requires that every eﬀort be made to ensure the factual accuracy of the information reaching the public. News broadcasts shall identify the body which assumes responsibility for the news programme as a whole, attributing, where appropriate, particular news items to their source.

Article VI 1. The objectives of satellite broadcasting for the spread of education are to accelerate the expansion of education, extend educational opportunities, improve the content of school curricula, further the training of educators, assist in the struggle against illiteracy, and help ensure lifelong education. 2. Each country has the right to decide on the content of the educational programmes broadcast by satellite to its people and, in cases where such programmes are produced in cooperation with other countries, to take part in their planning and production, on a free and equal footing.

Article VII 1. The objective of satellite broadcasting for the promotion of cultural exchange is to foster greater contact and mutual understanding between peoples by permitting audiences to enjoy, on an unprecedented scale, programmes on each other’s social and cultural life, including artistic performances and sporting and other events. 2. Cultural programmes, while promoting the enrichment of all cultures, should respect the distinctive character, the value and the dignity of each, and the right of all countries and peoples to preserve their cultures as part of the common heritage of mankind.

Article VIII Broadcasters and their national, regional and international associations should be encouraged to cooperate in the production and exchange of programmes and in all other aspects of satellite broadcasting including the training of technical and programme personnel.

Declarations Adopted by the General Conference

675

Article IX 1. In order to further the objectives set out in the preceding Articles, it is necessary that States, taking into account the principle of freedom of information, reach or promote prior agreements concerning direct satellite broadcasting to the population of countries other than the country of origin of the transmission. 2. With respect to commercial advertising, its transmission shall be subject to speciﬁc agreement between the originating and receiving countries.

Article X In the preparation of programmes for direct broadcasting to other countries, account shall be taken of diﬀerences in the national laws of the countries of reception.

Article XI The principles of this Declaration shall be applied with due regard for human rights and fundamental freedoms.

676

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

International Charter of Physical Education and Sport adopted by the General Conference of UNESCO at its 20th session, Paris, 21 November 1978 Preamble The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris at its twentieth session, this twenty-ﬁrst day of November 1978, Recalling that in the United Nations Charter the peoples proclaimed their faith in fundamental human rights and in the dignity and worth of the human person, and aﬃrmed their determination to promote social progress and better standards of life, Recalling that, by the terms of the Universal Declaration of Human Rights, everyone is entitled to all the rights and freedoms set forth therein without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other consideration, Convinced that one of the essential conditions for the eﬀective exercise of human rights is that everyone should be free to develop and preserve his or her physical, intellectual and moral powers, and that access to physical education and sport should consequently be assured and guaranteed for all human beings, Convinced that to preserve and develop the physical, intellectual and moral powers of the human being improves the quality of life at the national and the international levels, Believing that physical education and sport should make a more eﬀective contribution to the inculcation of fundamental human values underlying the full development of peoples, Stressing accordingly that physical education and sport should seek to promote closer communion between peoples and between individuals, together with disinterested emulation, solidarity and fraternity, mutual respect and understanding, and full respect for the integrity and dignity of human beings, Considering that responsibilities and obligations are incumbent upon the industrialized countries and the developing countries alike for reducing the disparity which continues to exist between them in respect of free and universal access to physical education and sport, Considering that to integrate physical education and sport in the natural environment is to enrich them and to inspire respect of the Earth’s resources and a concern to conserve them and use them for the greater good of humanity as a whole, Taking into account the diversity of the forms of training and education existing in the world, but noting that, notwithstanding the diﬀerences between national sports structures, it is clearly evident that physical education and sport are not conﬁned to physical

Declarations Adopted by the General Conference

677

well-being and health but also contribute to the full and well-balanced development of the human being, Taking into account, furthermore, the enormous eﬀorts that have to be made before the right to physical education and sport can become a reality for all human beings, Stressing the importance for peace and friendship among peoples of cooperation between the international governmental and non-governmental organizations responsible for physical education and sport, Proclaims this International Charter for the purpose of placing the development of physical education and sport at the service of human progress, promoting their development, and urging governments, competent non-governmental organizations, educators, families and individuals themselves to be guided thereby, to disseminate it and to put it into practice.

Article . The practice of physical education and sport is a fundamental right for all 1.1. Every human being has a fundamental right of access to physical education and sport, which are essential for the full development of his personality. The freedom to develop physical, intellectual and moral powers through physical education and sport must be guaranteed both within the educational system and in other aspects of social life. 1.2. Everyone must have full opportunities, in accordance with his national tradition of sport, for practising physical education and sport, developing his physical ﬁtness and attaining a level of achievement in sport which corresponds to his gifts. 1.3. Special opportunities must be made available for young people, including children of pre-school age, for the aged and for the handicapped to develop their personalities to the full through physical education and sport programmes suited to their requirements.

Article . Physical education and sport form an essential element of lifelong education in the overall education system 2.1. Physical education and sport, as an essential dimension of education and culture, must develop the abilities, will power and self-discipline of every human being as a fully integrated member of society. The continuity of physical activity and the practice of sports must be ensured throughout life by means of a global, lifelong and democratized education. 2.2. At the individual level, physical education and sport contribute to the maintenance and improvement of health, provide a wholesome leisure-time occupation and enable man to overcome the drawbacks of modern living. At the community level, they enrich social relations and develop fair play, which is essential not only to sport itself but also to life in society. 2.3. Every overall education system must assign the requisite place and importance to physical education and sport in order to establish a balance and strengthen links between physical activities and other components of education.

678

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . Physical education and sport programmes must meet individual and social needs 3.1. Physical education and sport programmes must be designed to suit the requirements and personal characteristics of those practising them, as well as the institutional, cultural, socio-economic and climatic conditions of each country. They must give priority to the requirements of disadvantaged groups in society. 3.2. In the process of education in general, physical education and sport programmes must, by virtue of both their content and their timetables, help to create habits and behaviour patterns conducive to full development of the human person. 3.3. Even when it has spectacular features, competitive sport must always aim, in accordance with the Olympic ideal, to serve the purpose of educational sport, of which it represents the crowning epitome. It must in no way be inﬂuenced by proﬁt-seeking commercial interests.

Article . Teaching, coaching and administration of physical education and sport should be performed by qualiﬁed personnel 4.1. All personnel who assume professional responsibility for physical education and sport must have appropriate qualiﬁcations and training. They must be carefully selected in suﬃcient numbers and given preliminary as well as further training to ensure that they reach adequate levels of specialization. 4.2. ‘Voluntary personnel’, given appropriate training and supervision, can make an invaluable contribution to the comprehensive development of sport and encourage the participation of the population in the practice and organization of physical and sport activities. 4.3. Appropriate structures must be established for the training of personnel for physical education and sport. Personnel who have received such training must be given a status in keeping with the duties they perform.

Article . Adequate facilities and equipment are essential to physical education and sport 5.1. Adequate and suﬃcient facilities and equipment must be provided and installed to meet the needs of intensive and safe participation in both in-school and out-of-school programmes concerning physical education and sport. 5.2. It is incumbent on governments, public authorities, schools and appropriate private agencies, at all levels, to join forces and plan together so as to provide and make optimum use of installations, facilities and equipment for physical education and sport. 5.3. It is essential that plans for rural and urban development include provision for longterm needs in the matter of installations, facilities and equipment for physical education and sport, taking into account the opportunities oﬀered by the natural environment.

Declarations Adopted by the General Conference

679

Article . Research and evaluation are indispensable components of the development of physical education and sport 6.1. Research and evaluation in physical education and sport should make for the progress of all forms of sport and help to bring about an improvement in the health and safety of participants as well as in training methods and organization and management procedures. The education system will thereby beneﬁt from innovations calculated to develop better teaching methods and standards of performance. 6.2. Scientiﬁc research, whose social implications in this sphere should not be overlooked, must be oriented in such a way that it does not allow of improper applications to physical education and sport.

Article . Information and documentation help to promote physical education and sport 7.1. The collection, provision and dissemination of information and documentation on physical education and sport constitute a major necessity. In particular, there is a need to circulate information on the results of research and evaluation studies concerning programmes, experiments and activities.

Article . The mass media should exert a positive inﬂuence on physical education and sport 8.1. Without prejudice to the right of freedom of information, it is essential that everyone involved in the mass media be fully conscious of his responsibilities having regard to the social importance, the humanistic purpose and the moral values embodied in physical education and sport. 8.2. Relations between those involved in the mass media and specialists in physical education and sport must be close and based on mutual conﬁdence in order to exercise a positive inﬂuence on physical education and sport and to ensure objective and well-founded information. Training of personnel for the media may include elements relating to physical education and sport.

Article . National institutions play a major role in physical education and sport 9.1. It is essential that public authorities at all levels and specialized non-governmental bodies encourage those physical education and sport activities whose educational value is most evident. Their action shall consist in enforcing legislation and regulations, providing material assistance, and adopting all other measures of encouragement, stimulation and control. The public authorities will also ensure that such ﬁscal measures are adopted as may encourage these activities.

680

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

9.2. It is incumbent on all institutions responsible for physical education and sport to promote a consistent, overall and decentralized plan of action in the framework of lifelong education so as to allow for continuity and coordination between compulsory physical activities and those practised freely and spontaneously.

Article . International cooperation is a prerequisite for the universal and well-balanced promotion of physical education and sport 10.1. It is essential that States, and those international and regional intergovernmental and non-governmental organizations in which interested countries are represented and which are responsible for physical education and sport, give physical education and sport greater prominence in international bilateral and multilateral cooperation. 10.2. International cooperation must be prompted by wholly disinterested movies in order to promote and stimulate endogenous development in this ﬁeld. 10.3. Through cooperation and the pursuit of mutual interests in the universal language of physical education and sport, all peoples will contribute to the preservation of lasting peace, mutual respect and friendship and will thus create a propitious climate for solving international problems. Close collaboration between all interested national and international governmental and non-governmental agencies, based on respect for the speciﬁc competence of each, will necessarily encourage the development of physical education and sport throughout the world.

Declarations Adopted by the General Conference

681

Declaration on Race and Racial Prejudice adopted by the General Conference of UNESCO at its 20th session, Paris, 27 November 1978 Preamble The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting at Paris at its twentieth session, from 24 October to 28 November 1978, Whereas it is stated in the Preamble to the Constitution of UNESCO, adopted on 16 November 1945, that ‘the great and terrible war which has now ended was a war made possible by the denial of the democratic principles of the dignity, equality and mutual respect of men, and by the propagation, in their place, through ignorance and prejudice, of the doctrine of the inequality of men and races’, and whereas, according to Article I of the said Constitution, the purpose of UNESCO ‘is to contribute to peace and security by promoting collaboration among the nations through education, science and culture in order to further universal respect for justice, for the rule of law and for the human rights and fundamental freedoms ... which are aﬃrmed for the peoples of the world, without distinction of race, sex, language or religion, by the Charter of the United Nations’, Recognizing that, more than three decades after the founding of UNESCO, these principles are just as signiﬁcant as they were when they were embodied in its Constitution, Mindful of the process of decolonization and other historical changes which have led most of the peoples formerly under foreign rule to recover their sovereignty, making the international community a universal and diversiﬁed whole and creating new opportunities of eradicating the scourge of racism and of putting an end to its odious manifestations in all aspects of social and political life, both nationally and internationally, Convinced that the essential unity of the human race and consequently the fundamental equality of all human beings and all peoples, recognized in the loftiest expressions of philosophy, morality and religion, reﬂect an ideal towards which ethics and science are converging today, Convinced that all peoples and all human groups, whatever their composition or ethnic origin, contribute according to their own genius to the progress of the civilizations and cultures which, in their plurality and as a result of their interpenetration, constitute the common heritage of mankind, Conﬁrming its attachment to the principles proclaimed in the United Nations Charter and the Universal Declaration of Human Rights and its determination to promote the implementation of the International Covenants on Human Rights as well as the Declaration on the Establishment of a New International Economic Order, Determined also to promote the implementation of the United Nations Declaration and the International Convention on the Elimination of all Forms of Racial Discrimination,

682

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Noting the International Convention on the Prevention and Punishment of the Crime of Genocide, the International Convention on the Suppression and Punishment of the Crime of Apartheid, and the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, Recalling also the international instruments already adopted by UNESCO, including in particular the Convention and Recommendation against Discrimination in Education, the Recommendation concerning the Status of Teachers, the Declaration of the Principles of International Cultural Cooperation, the Recommendation concerning Education for International Understanding, Cooperation and Peace and Education relating to Human Rights and Fundamental Freedoms, the Recommendation on the Status of Scientiﬁc Researchers, and the Recommendation on Participation by the People at Large in Cultural Life and Their Contribution to It, Bearing in mind the four statements on the race question adopted by experts convened by UNESCO, Reaﬃrming its desire to play a vigorous and constructive part in the implementation of the programme of the Decade for Action to Combat Racism and Racial Discrimination, as deﬁned by the General Assembly of the United Nations at its twenty-eighth session, Noting with the gravest concern that racism, racial discrimination, colonialism and apartheid continue to aﬄict the world in ever-changing forms, as a result both of the continuation of legislative provisions and government and administrative practices contrary to the principles of human rights and also of the continued existence of political and social structures, and of relationships and attitudes, characterized by injustice and contempt for human beings and leading to the exclusion, humiliation and exploitation, or to the forced assimilation, of the members of disadvantaged groups, Expressing its indignation at these oﬀences against human dignity, deploring the obstacles they place in the way of mutual understanding between peoples, and alarmed at the danger of their seriously disturbing international peace and security, Adopts and solemnly proclaims this Declaration on Race and Racial Prejudice.

Article  1. All human beings belong to a single species and are descended from a common stock. They are born equal in dignity and rights and all form an integral part of humanity. 2. All individuals and groups have the right to be diﬀerent, to consider themselves as diﬀerent and to be regarded as such. However, the diversity of life styles and the right to be diﬀerent may not, in any circumstances, serve as a pretext for racial prejudice; they may not justify either in law or in fact any discriminatory practice whatsoever, nor provide a ground for the policy of apartheid, which is the extreme form of racism. 3. Identity of origin in no way aﬀects the fact that human beings can and may live diﬀerently, nor does it preclude the existence of diﬀerences based on cultural, environmental and historical diversity nor the right to maintain cultural identity.

Declarations Adopted by the General Conference

683

4. All peoples of the world possess equal faculties for attaining the highest level in intellectual, technical, social, economic, cultural and political development. 5. The diﬀerences between the achievements of the diﬀerent peoples are entirely attributable to geographical, historical, political, economic, social and cultural factors. Such diﬀerences can in no case serve as a pretext for any rank-ordered classiﬁcation of nations or peoples.

Article  1. Any theory which involves the claim that racial or ethnic groups are inherently superior or inferior, thus implying that some would be entitled to dominate or eliminate others, presumed to be inferior, or which bases value judgments on racial diﬀerentiation, has no scientiﬁc foundation and is contrary to the moral and ethical principles of humanity. 2. Racism includes racist ideologies, prejudiced attitudes, discriminatory behaviour, structural arrangements and institutionalized practices resulting in racial inequality as well as the fallacious notion that discriminatory relations between groups are morally and scientiﬁcally justiﬁable; it is reﬂected in discriminatory provisions in legislation or regulations and discriminatory practices, as well as in antisocial beliefs and acts; it hinders the development of its victims, perverts those who practise it, divides nations internally, impedes international cooperation and gives rise to political tensions between peoples; it is contrary to the fundamental principles of international law and, consequently, seriously disturbs international peace and security. 3. Racial prejudice, historically linked with inequalities in power, reinforced by economic and social diﬀerences between individuals and groups, and still seeking today to justify such inequalities, is totally without justiﬁcation.

Article  Any distinction, exclusion, restriction or preference based on race, colour, ethnic or national origin or religious intolerance motivated by racist considerations, which destroys or compromises the sovereign equality of States and the right of peoples to self-determination, or which limits in an arbitrary or discriminatory manner the right of every human being and group to full development, is incompatible with the requirements of an international order which is just and guarantees respect for human rights; the right to full development implies equal access to the means of personal and collective advancement and fulﬁlment in a climate of respect for the values of civilizations and cultures, both national and worldwide.

Article  1. Any restriction on the complete self-fulﬁlment of human beings and free communication between them which is based on racial or ethnic considerations is contrary to the principle of equality in dignity and rights; it cannot be admitted. 2. One of the most serious violations of this principle is represented by apartheid, which, like genocide, is a crime against humanity, and gravely disturbs international peace and security.

684

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

3. Other policies and practices of racial segregation and discrimination constitute crimes against the conscience and dignity of mankind and may lead to political tensions and gravely endanger international peace and security.

Article  1. Culture, as a product of all human beings and a common heritage of mankind, and education in its broadest sense, oﬀer men and women increasingly eﬀective means of adaptation, enabling them not only to aﬃrm that they are born equal in dignity and rights, but also to recognize that they should respect the right of all groups to their own cultural identity and the development of their distinctive cultural life within the national and international context, it being understood that it rests with each group to decide in complete freedom on the maintenance and, if appropriate, the adaptation or enrichment of the values which it regards as essential to its identity. 2. States, in accordance with their constitutional principles and procedures, as well as all other competent authorities and the entire teaching profession, have a responsibility to see that the educational resources of all countries are used to combat racism, more especially: by ensuring that curricula and textbooks include scientiﬁc and ethical considerations concerning human unity and diversity and that no invidious distinctions are made with regard to any people; by training teachers to achieve these ends; by making the resources of the educational system available to all groups of the population without racial restriction or discrimination; and by taking appropriate steps to remedy the handicaps from which certain racial or ethnic groups suﬀer with regard to their level of education and standard of living, and in particular to prevent such handicaps from being passed on to children. 3. The mass media and those who control or serve them, as well as all organized groups within national communities, are urged – with due regard to the principles embodied in the Universal Declaration of Human Rights, particularly the principle of freedom of expression – to promote understanding, tolerance and friendship among individuals and groups and to contribute to the eradication of racism, racial discrimination and racial prejudice, in particular by refraining from presenting a stereotyped, partial, unilateral or tendentious picture of individuals and of various human groups. Communication between racial and ethnic groups must be a reciprocal process, enabling them to express themselves and to be fully heard without let or hindrance. The mass media should therefore be freely receptive to ideas of individuals and groups which facilitate such communication.

Article  1. The State has prime responsibility for ensuring human rights and fundamental freedoms on an entirely equal footing in dignity and rights for all individuals and all groups. 2. So far as its competence extends and in accordance with its constitutional principles and procedures, the State should take all appropriate steps, inter alia, by legislation, particularly in the spheres of education, culture and communication, to prevent, prohibit and eradicate racism, racist propaganda, racial segregation and apartheid, and to encourage the dissemination of knowledge and the ﬁndings of appropriate research in natural and social

Declarations Adopted by the General Conference

685

sciences on the causes and prevention of racial prejudice and racist attitudes, with due regard to the principles embodied in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights. 3. Since laws proscribing racial discrimination are not in themselves suﬃcient, it is also incumbent on States to supplement them by administrative machinery for the systematic investigation of instances of racial discrimination, by a comprehensive framework of legal remedies against acts of racial discrimination, by broadly based education and research programmes designed to combat racial prejudice and racial discrimination, and by programmes of positive political, social, educational and cultural measures calculated to promote genuine mutual respect among groups. Where circumstances warrant, special programmes should be undertaken to promote the advancement of disadvantaged groups and, in the case of nationals, to ensure their eﬀective participation in the decision-making processes of the community.

Article  In addition to political, economic and social measures, law is one of the principal means of ensuring equality in dignity and rights among individuals, and of curbing any propaganda, any form of organization or any practice which is based on ideas or theories referring to the alleged superiority of racial or ethnic groups or which seeks to justify or encourage racial hatred and discrimination in any form. States should adopt such legislation as is appropriate to this end and see that it is given eﬀect and applied by all their services, with due regard to the principles embodied in the Universal Declaration of Human Rights. Such legislation should form part of a political, economic and social framework conducive to its implementation. Individuals and other legal entities, both public and private, must conform with such legislation and use all appropriate means to help the population as a whole to understand and apply it.

Article  1. Individuals, being entitled to an economic, social, cultural and legal order, on the national and international planes, such as to allow them to exercise all their capabilities on a basis of entire equality of rights and opportunities, have corresponding duties towards their fellows, towards the society in which they live and towards the international community. They are accordingly under an obligation to promote harmony among the peoples, to combat racism and racial prejudice and to assist, by every means available to them, in eradicating racial discrimination in all its forms. 2. In the ﬁeld of racial prejudice and racist attitudes and practices, specialists in natural and social sciences and cultural studies, as well as scientiﬁc organizations and associations, are called upon to undertake objective research on a wide interdisciplinary basis; all States should encourage them to this end. 3. It is, in particular, incumbent upon such specialists to ensure, by all means available to them, that their research ﬁndings are not misinterpreted, and also that they assist the public in understanding such ﬁndings.

686

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  1. The principle of the equality in dignity and rights of all human beings and all peoples, irrespective of race, colour and origin, is a generally accepted and recognized principle of international law. Consequently any form of racial discrimination practised by a State constitutes a violation of international law, giving rise to its international responsibility. 2. Special measures must be taken to ensure equality in dignity and rights for individuals and groups wherever necessary, while ensuring that they are not such as to appear racially discriminatory. In this respect, particular attention should be paid to racial or ethnic groups which are socially or economically disadvantaged, so as: to aﬀord them, on a completely equal footing and without discrimination or restriction, the protection of the laws and regulations and the advantages of the social measures in force, in particular in regard to housing, employment and health; to respect the authenticity of their culture and values; and to facilitate their social and occupational advancement, especially through education. 3. Population groups of foreign origin, particularly migrant workers and their families who contribute to the development of the host country, should beneﬁt from appropriate measures designed to aﬀord them security and respect for their dignity and cultural values and to facilitate their adaptation to the host environment and their professional advancement, with a view to their subsequent reintegration in their country of origin and their contribution to its development; steps should be taken to make it possible for their children to be taught their mother tongue. 4. Existing disequilibria in international economic relations contribute to the exacerbation of racism and racial prejudice; all States should consequently endeavour to contribute to the restructuring of the international economy on a more equitable basis.

Article  International organizations, whether universal or regional, governmental or nongovernmental, are called upon to cooperate and assist, so far as their respective ﬁelds of competence and means allow, in the full and complete implementation of the principles set out in this Declaration, thus contributing to the legitimate struggle of all men, born equal in dignity and rights, against the tyranny and oppression of racism, racial segregation, apartheid and genocide, so that all the peoples of the world may be forever delivered from these scourges.

Declarations Adopted by the General Conference

687

Declaration on Fundamental Principles concerning the Contribution of the Mass Media to Strengthening Peace and International Understanding, to the Promotion of Human Rights and to Countering Racialism, Apartheid and Incitement to War adopted by the General Conference of UNESCO at its 20th session, Paris, 28 November 1978 Preamble The General Conference, Recalling that by virtue of its Constitution the purpose of UNESCO is to ‘contribute to peace and security by promoting collaboration among the nations through education, science and culture in order to further universal respect for justice, for the rule of law and for the human rights and fundamental freedoms’ (Art. I, 1), and that to realize this purpose the Organization will strive ‘to promote the free ﬂow of ideas by word and image’ (Art. I, 2), Further recalling that under the Constitution the Member States of UNESCO, ‘believing in full and equal opportunities for education for all, in the unrestricted pursuit of objective truth, and in the free exchange of ideas and knowledge, are agreed and determined to develop and to increase the means of communication between their peoples and to employ these means for the purposes of mutual understanding and a truer and more perfect knowledge of each other’s lives’ (sixth preambular paragraph), Recalling the purposes and principles of the United Nations, as speciﬁed in its Charter, Recalling the Universal Declaration of Human Rights, adopted by the General Assembly of the United Nations in 1948, and particularly Article 19 thereof, which provides that ‘everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers’; and the International Covenant on Civil and Political Rights, adopted by the General Assembly of the United Nations in 1966, Article 19 of which proclaims the same principles, and Article 20 of which condemns incitement to war, the advocacy of national, racial or religious hatred and any form of discrimination, hostility or violence, Recalling Article 4 of the International Convention on the Elimination of all Forms of Racial Discrimination, adopted by the General Assembly of the United Nations in 1965, and the International Convention on the Suppression and Punishment of the Crime of Apartheid, adopted by the General Assembly of the United Nations in 1973, whereby the States acceding to these Conventions undertook to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, racial discrimination,

688

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

and agreed to prevent any encouragement of the crime of apartheid and similar segregationist policies or their manifestations, Recalling the Declaration on the Promotion among Youth of the Ideals of Peace, Mutual Respect and Understanding between Peoples, adopted by the General Assembly of the United Nations in 1965, Recalling the declarations and resolutions adopted by the various organs of the United Nations concerning the establishment of a new international economic order and the role UNESCO is called upon to play in this respect, Recalling the Declaration of the Principles of International Cultural Cooperation, adopted by the General Conference of UNESCO in 1966, Recalling Resolution 59(I) of the General Assembly of the United Nations, adopted in 1946 and declaring: ‘Freedom of information is a fundamental human right and is the touchstone of all the freedoms to which the United Nations is consecrated; … Freedom of information requires as an indispensable element the willingness and capacity to employ its privileges without abuse. It requires as a basic discipline the moral obligation to seek the facts without prejudice and to spread knowledge without malicious intent’, Recalling Resolution 110(11) of the General Assembly of the United Nations, adopted in 1947, condemning all forms of propaganda which are designed or likely to provoke or encourage any threat to the peace, breach of the peace, or act of aggression, Recalling Resolution 127(11), also adopted by the General Assembly in 1947, which invites Member States to take measures, within the limits of constitutional procedures, to combat the diﬀusion of false or distorted reports likely to injure friendly relations between States, as well as the other resolutions of the General Assembly concerning the mass media and their contribution to strengthening peace, trust and friendly relations among States, Recalling Resolution 9.12, adopted by the General Conference of UNESCO in 1968, reiterating UNESCO’s objective to help to eradicate colonialism and racialism, and Resolution 12.1, adopted by the General Conference in 1976, which proclaims that colonialism, neo-colonialism and racialism in all its forms and manifestations are incompatible with the fundamental aims of UNESCO, Recalling Resolution 4.301, adopted in 1970 by the General Conference of UNESCO, on the contribution of the information media to furthering international understanding and cooperation in the interests of peace and human welfare, and to countering propaganda on behalf of war, racialism, apartheid and hatred among nations, and aware of the fundamental contribution that mass media can make to the realization of these objectives, Recalling the Declaration on Race and Racial Prejudice adopted by the General Conference of UNESCO at its twentieth session, Conscious of the complexity of the problems of information in modern society, of the diversity of solutions which have been oﬀered to them, as evidenced in particular by the

Declarations Adopted by the General Conference

689

consideration given to them within UNESCO, and of the legitimate desire of all parties concerned that their aspirations, points of view and cultural identity be taken into due consideration, Conscious of the aspirations of the developing countries for the establishment of a new, more just and more eﬀective world information and communication order, Proclaims, on this twenty-eighth day of November 1978, this Declaration on Fundamental Principles concerning the Contribution of the Mass Media to Strengthening Peace and International Understanding, to the Promotion of Human Rights and to Countering Racialism, Apartheid and Incitement to War.

Article I The strengthening of peace and international understanding, the promotion of human rights and the countering of racialism, apartheid and incitement to war demand a free ﬂow and a wider and better balanced dissemination of information. To this end, the mass media have a leading contribution to make. This contribution will be the more eﬀective to the extent that the information reﬂects the diﬀerent aspects of the subject dealt with.

Article II 1. The exercise of freedom of opinion, expression and information, recognized as an integral part of human rights and fundamental freedoms, is a vital factor in the strengthening of peace and international understanding. 2. Access by the public to information should be guaranteed by the diversity of the sources and means of information available to it, thus enabling each individual to check the accuracy of facts and to appraise events objectively. To this end, journalists must have freedom to report and the fullest possible facilities of access to information. Similarly, it is important that the mass media be responsive to concerns of peoples and individuals, thus promoting the participation of the public in the elaboration of information. 3. With a view to the strengthening of peace and international understanding, to promoting human rights and to countering racialism, apartheid and incitement to war, the mass media throughout the world, by reason of their role, contribute to promoting human rights, in particular by giving expression to oppressed peoples who struggle against colonialism, neocolonialism, foreign occupation and all forms of racial discrimination and oppression and who are unable to make their voices heard within their own territories. 4. If the mass media are to be in a position to promote the principles of this Declaration in their activities, it is essential that journalists and other agents of the mass media, in their own country or abroad, be assured of protection guaranteeing them the best conditions for the exercise of their profession.

Article III 1. The mass media have an important contribution to make to the strengthening of peace and international understanding and in countering racialism, apartheid and incitement to war.

690

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

2. In countering aggressive war, racialism, apartheid and other violations of human rights which are, inter alia, spawned by prejudice and ignorance, the mass media, by disseminating information on the aims, aspirations, cultures and needs of all peoples, contribute to eliminate ignorance and misunderstanding between peoples, to make nationals of a country sensitive to the needs and desires of others, to ensure the respect of the rights and dignity of all nations, all peoples and all individuals without distinction of race, sex, language, religion or nationality, and to draw attention to the great evils which aﬄict humanity, such as poverty, malnutrition and diseases, thereby promoting the formulation by States of the policies best able to promote the reduction of international tension and the peaceful and equitable settlement of international disputes.

Article IV The mass media have an essential part to play in the education of young people in a spirit of peace, justice, freedom, mutual respect and understanding, in order to promote human rights, equality of rights as between all human beings and all nations, and economic and social progress. Equally, they have an important role to play in making known the views and aspirations of the younger generation.

Article V In order to respect freedom of opinion, expression and information, and in order that information may reﬂect all points of view, it is important that the points of view presented by those who consider that the information published or disseminated about them has seriously prejudiced their eﬀort to strengthen peace and international understanding, to promote human rights or to counter racialism, apartheid and incitement to war be disseminated.

Article VI For the establishment of a new equilibrium and greater reciprocity in the flow of information, which will be conducive to the institution of a just and lasting peace and to the economic and political independence of the developing countries, it is necessary to correct the inequalities in the ﬂow of information to and from developing countries, and between those countries. To this end, it is essential that their mass media should have conditions and resources enabling them to gain strength and expand, and to cooperate both among themselves and with the mass media in developed countries.

Article VII By disseminating more widely all of the information concerning the universally accepted objectives and principles which are the bases of the resolutions adopted by the diﬀerent organs of the United Nations, the mass media contribute eﬀectively to the strengthening of peace and international understanding, to the promotion of human rights, and to the establishment of a more just and equitable international economic order.

Declarations Adopted by the General Conference

691

Article VIII Professional organizations, and people who participate in the professional training of journalists and other agents of the mass media, and who assist them in performing their functions in a responsible manner, should attach special importance to the principles of this Declaration when drawing up and ensuring application of their codes of ethics.

Article IX In the spirit of this Declaration, it is for the international community to contribute to the creation of the conditions for a free ﬂow and wider and more balanced dissemination of information, and of the conditions for the protection, in the exercise of their functions, of journalists and other agents of the mass media. UNESCO is well placed to make a valuable contribution in this respect.

Article X 1. With due respect for constitutional provisions designed to guarantee freedom of information and for the applicable international instruments and agreements, it is indispensable to create and maintain throughout the world the conditions which make it possible for the organizations and persons professionally involved in the dissemination of information to achieve the objectives of this Declaration. 2. It is important that a free ﬂow and wider and better balanced dissemination of information be encouraged. 3. To this end, it is necessary that States facilitate the procurement by the mass media in the developing countries of adequate conditions and resources enabling them to gain strength and expand, and that they support cooperation by the latter both among themselves and with the mass media in developed countries. 4. Similarly, on a basis of equality of rights, mutual advantage and respect for the diversity of the cultures which go to make up the common heritage of mankind, it is essential that bilateral and multilateral exchanges of information among all States, and in particular between those which have diﬀerent economic and social systems, be encouraged and developed.

Article XI For this Declaration to be fully eﬀective it is necessary, with due respect for the legislative and administrative provisions and the other obligations of Member States, to guarantee the existence of favourable conditions for the operation of the mass media, in conformity with the provisions of the Universal Declaration of Human Rights and with the corresponding principles proclaimed in the International Covenant on Civil and Political Rights adopted by the General Assembly of the United Nations in 1966.

692 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Declaration of Principles on Tolerance adopted by the General Conference of UNESCO at its 28th session, Paris, 16 November 1995 The Member States of the United Nations Educational, Scientific and Cultural Organization, meeting in Paris at the twenty-eighth session of the General Conference, from 25 October to 16 November 1995,

Preamble Bearing in mind that the United Nations Charter states: ‘We, the peoples of the United Nations, determined to save succeeding generations from the scourge of war, … to reaﬃrm faith in fundamental human rights, in the dignity and worth of the human person, … and for these ends to practise tolerance and live together in peace with one another as good neighbours’, Recalling that the Preamble to the Constitution of UNESCO, adopted on 16 November 1945, states that ‘peace, if it is not to fail, must be founded on the intellectual and moral solidarity of mankind’, Recalling also that the Universal Declaration of Human Rights aﬃrms that ‘Everyone has the right to freedom of thought, conscience and religion’ (Article 18), ‘of opinion and expression’ (Article 19), and that education ‘should promote understanding, tolerance and friendship among all nations, racial or religious groups’ (Article 26), Noting relevant international instruments, including: • the International Covenant on Civil and Political Rights, • the International Covenant on Economic, Social and Cultural Rights, • the Convention on the Elimination of All Forms of Racial Discrimination, • the Convention on the Prevention and Punishment of the Crime of Genocide, • the Convention on the Rights of the Child, • the 1951 Convention relating to the Status of Refugees and its 1967 Protocol and regional instruments, • the Convention on the Elimination of All Forms of Discrimination against Women, • the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, • the Declaration on the Elimination of All Forms of Intolerance Based on Religion or Belief, • the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, • the Declaration on Measures to Eliminate International Terrorism, • the Vienna Declaration and Programme of Action of the World Conference on Human Rights,

Declarations Adopted by the General Conference

• • •

693

the Copenhagen Declaration and Programme of Action adopted by the World Summit for Social Development, the UNESCO Declaration on Race and Racial Prejudice, the UNESCO Convention and Recommendation against Discrimination in Education,

Bearing in mind the objectives of the Third Decade to Combat Racism and Racial Discrimination, the World Decade for Human Rights Education, and the International Decade of the World’s Indigenous People, Taking into consideration the recommendations of regional conferences organized in the framework of the United Nations Year for Tolerance in accordance with UNESCO General Conference 27 C/Resolution 5.14, as well as the conclusions and recommendations of other conferences and meetings organized by Member States within the programme of the United Nations Year for Tolerance, Alarmed by the current rise in acts of intolerance, violence, terrorism, xenophobia, aggressive nationalism, racism, anti-Semitism, exclusion, marginalization and discrimination directed against national, ethnic, religious and linguistic minorities, refugees, migrant workers, immigrants and vulnerable groups within societies, as well as acts of violence and intimidation committed against individuals exercising their freedom of opinion and expression – all of which threaten the consolidation of peace and democracy, both nationally and internationally, and are obstacles to development, Emphasizing the responsibilities of Member States to develop and encourage respect for human rights and fundamental freedoms for all, without distinction as to race, gender, language, national origin, religion or disability, and to combat intolerance, Adopt and solemnly proclaim this Declaration of Principles on Tolerance, Resolving to take all positive measures necessary to promote tolerance in our societies, because tolerance is not only a cherished principle, but also a necessity for peace and for the economic and social advancement of all peoples, We declare the following:

Article . Meaning of tolerance 1.1 Tolerance is respect, acceptance and appreciation of the rich diversity of our world’s cultures, our forms of expression and ways of being human. It is fostered by knowledge, openness, communication, and freedom of thought, conscience and belief. Tolerance is harmony in diﬀerence. It is not only a moral duty, it is also a political and legal requirement. Tolerance, the virtue that makes peace possible, contributes to the replacement of the culture of war by a culture of peace. 1.2 Tolerance is not concession, condescension or indulgence. Tolerance is, above all, an active attitude prompted by recognition of the universal human rights and fundamental freedoms of others. In no circumstance can it be used to justify infringements of these fundamental values. Tolerance is to be exercised by individuals, groups and States.

694 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

1.3 Tolerance is the responsibility that upholds human rights, pluralism (including cultural pluralism), democracy and the rule of law. It involves the rejection of dogmatism and absolutism and aﬃrms the standards set out in international human rights instruments. 1.4 Consistent with respect for human rights, the practice of tolerance does not mean toleration of social injustice or the abandonment or weakening of one’s convictions. It means that one is free to adhere to one’s own convictions and accepts that others adhere to theirs. It means accepting the fact that human beings, naturally diverse in their appearance, situation, speech, behaviour and values, have the right to live in peace and to be as they are. It also means that one’s views are not to be imposed on others.

Article . State level 2.1 Tolerance at the State level requires just and impartial legislation, law enforcement and judicial and administrative process. It also requires that economic and social opportunities be made available to each person without any discrimination. Exclusion and marginalization can lead to frustration, hostility and fanaticism. 2.2 In order to achieve a more tolerant society, States should ratify existing international human rights conventions, and draft new legislation where necessary to ensure equality of treatment and of opportunity for all groups and individuals in society. 2.3 It is essential for international harmony that individuals, communities and nations accept and respect the multicultural character of the human family. Without tolerance there can be no peace, and without peace there can be no development or democracy. 2.4 Intolerance may take the form of marginalization of vulnerable groups and their exclusion from social and political participation, as well as violence and discrimination against them. As conﬁrmed in the Declaration on Race and Racial Prejudice, ‘All individuals and groups have the right to be diﬀerent’ (Article 1.2).

Article . Social dimensions 3.1 In the modern world, tolerance is more essential than ever before. It is an age marked by the globalization of the economy and by rapidly increasing mobility, communication, integration and interdependence, large-scale migrations and displacement of populations, urbanization and changing social patterns. Since every part of the world is characterized by diversity, escalating intolerance and strife potentially menaces every region. It is not conﬁned to any country, but is a global threat. 3.2 Tolerance is necessary between individuals and at the family and community levels. Tolerance promotion and the shaping of attitudes of openness, mutual listening and solidarity should take place in schools and universities and through non-formal education, at home and in the workplace. The communication media are in a position to play a constructive role in facilitating free and open dialogue and discussion, disseminating the values of tolerance, and highlighting the dangers of indiﬀerence towards the rise in intolerant groups and ideologies.

Declarations Adopted by the General Conference

695

3.3 As aﬃrmed by the UNESCO Declaration on Race and Racial Prejudice, measures must be taken to ensure equality in dignity and rights for individuals and groups wherever necessary. In this respect, particular attention should be paid to vulnerable groups which are socially or economically disadvantaged so as to aﬀord them the protection of the laws and social measures in force, in particular with regard to housing, employment and health, to respect the authenticity of their culture and values, and to facilitate their social and occupational advancement and integration, especially through education. 3.4 Appropriate scientiﬁc studies and networking should be undertaken to coordinate the international community’s response to this global challenge, including analysis by the social sciences of root causes and eﬀective countermeasures, as well as research and monitoring in support of policy-making and standard-setting action by Member States.

Article . Education 4.1 Education is the most eﬀective means of preventing intolerance. The ﬁrst step in tolerance education is to teach people what their shared rights and freedoms are, so that they may be respected, and to promote the will to protect those of others. 4.2 Education for tolerance should be considered an urgent imperative; that is why it is necessary to promote systematic and rational tolerance teaching methods that will address the cultural, social, economic, political and religious sources of intolerance – major roots of violence and exclusion. Education policies and programmes should contribute to development of understanding, solidarity and tolerance among individuals as well as among ethnic, social, cultural, religious and linguistic groups and nations. 4.3 Education for tolerance should aim at countering inﬂuences that lead to fear and exclusion of others, and should help young people to develop capacities for independent judgement, critical thinking and ethical reasoning. 4.4 We pledge to support and implement programmes of social science research and education for tolerance, human rights and non-violence. This means devoting special attention to improving teacher training, curricula, the content of textbooks and lessons, and other educational materials including new educational technologies, with a view to educating caring and responsible citizens open to other cultures, able to appreciate the value of freedom, respectful of human dignity and diﬀerences, and able to prevent conﬂicts or resolve them by non-violent means.

Article . Commitment to action We commit ourselves to promoting tolerance and non-violence through programmes and institutions in the ﬁelds of education, science, culture and communication.

Article . International Day for Tolerance In order to generate public awareness, emphasize the dangers of intolerance and react with renewed commitment and action in support of tolerance promotion and education, we solemnly proclaim 16 November the annual International Day for Tolerance.

696 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Universal Declaration on the Human Genome and Human Rights adopted by the General Conference of UNESCO at its 29th session, Paris, 11 November 1997 The General Conference, Recalling that the Preamble of UNESCO’s Constitution refers to ‘the democratic principles of the dignity, equality and mutual respect of men’, rejects any ‘doctrine of the inequality of men and races’, stipulates ‘that the wide diﬀusion of culture, and the education of humanity for justice and liberty and peace are indispensable to the dignity of men and constitute a sacred duty which all the nations must fulﬁl in a spirit of mutual assistance and concern’, proclaims that ‘peace must be founded upon the intellectual and moral solidarity of mankind’, and states that the Organization seeks to advance, ‘through the educational and scientiﬁc and cultural relations of the peoples of the world, the objectives of international peace and of the common welfare of mankind for which the United Nations Organization was established and which its Charter proclaims’, Solemnly recalling its attachment to the universal principles of human rights, aﬃrmed in particular in the Universal Declaration of Human Rights of 10 December 1948 and in the two International United Nations Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights of 16 December 1966, in the United Nations Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948, the International United Nations Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965, the United Nations Declaration on the Rights of Mentally Retarded Persons of 20 December 1971, the United Nations Declaration on the Rights of Disabled Persons of 9 December 1975, the United Nations Convention on the Elimination of All Forms of Discrimination against Women of 18 December 1979, the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power of 29 November 1985, the United Nations Convention on the Rights of the Child of 20 November 1989, the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities of 20 December 1993, the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction of 16 December 1971, the UNESCO Convention against Discrimination in Education of 14 December 1960, the UNESCO Declaration of the Principles of International Cultural Cooperation of 4 November 1966, the UNESCO Recommendation on the Status of Scientiﬁc Researchers of 20 November 1974, the UNESCO Declaration on Race and Racial Prejudice of 27 November 1978, the ILO Convention (No. 111) concerning Discrimination in Respect of Employment and Occupation of 25 June 1958 and the ILO Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries of 27 June 1989,

Declarations Adopted by the General Conference

697

Bearing in mind, and without prejudice to, the international instruments which could have a bearing on the applications of genetics in the ﬁeld of intellectual property, inter alia, the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 and the UNESCO Universal Copyright Convention of 6 September 1952, as last revised at Paris on 24 July 1971, the Paris Convention for the Protection of Industrial Property of 20 March 1883, as last revised at Stockholm on 14 July 1967, the Budapest Treaty of the WIPO on International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedures of 28 April 1977, and the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) annexed to the Agreement establishing the World Trade Organization, which entered into force on 1 January 1995, Bearing in mind also the United Nations Convention on Biological Diversity of 5 June 1992 and emphasizing in that connection that the recognition of the genetic diversity of humanity must not give rise to any interpretation of a social or political nature which could call into question ‘the inherent dignity and (…) the equal and inalienable rights of all members of the human family’, in accordance with the Preamble to the Universal Declaration of Human Rights, Recalling 22 C/Resolution 13.1, 23 C/Resolution 13.1, 24 C/Resolution 13.1, 25 C/ Resolutions 5.2 and 7.3, 27 C/Resolution 5.15, and 28 C/Resolutions 0.12, 2.1 and 2.2, urging UNESCO to promote and develop ethical studies, and the actions arising out of them, on the consequences of scientiﬁc and technological progress in the ﬁelds of biology and genetics, within the framework of respect for human rights and fundamental freedoms, Recognizing that research on the human genome and the resulting applications open up vast prospects for progress in improving the health of individuals and of humankind as a whole, but emphasizing that such research should fully respect human dignity, freedom and human rights, as well as the prohibition of all forms of discrimination based on genetic characteristics, Proclaims the principles that follow and adopts the present Declaration.

A. Human dignity and the human genome Article  The human genome underlies the fundamental unity of all members of the human family, as well as the recognition of their inherent dignity and diversity. In a symbolic sense, it is the heritage of humanity.

Article  (a) Everyone has a right to respect for their dignity and for their rights regardless of their genetic characteristics.

698

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(b) That dignity makes it imperative not to reduce individuals to their genetic characteristics and to respect their uniqueness and diversity.

Article  The human genome, which by its nature evolves, is subject to mutations. It contains potentialities that are expressed diﬀerently according to each individual’s natural and social environment, including the individual’s state of health, living conditions, nutrition and education.

Article  The human genome in its natural state shall not give rise to ﬁnancial gains.

B. Rights of the persons concerned Article  (a) Research, treatment or diagnosis aﬀecting an individual’s genome shall be undertaken only after rigorous and prior assessment of the potential risks and beneﬁts pertaining thereto and in accordance with any other requirement of national law. (b) In all cases, the prior, free and informed consent of the person concerned shall be obtained. If the latter is not in a position to consent, consent or authorization shall be obtained in the manner prescribed by law, guided by the person’s best interest. (c) The right of each individual to decide whether or not to be informed of the results of genetic examination and the resulting consequences should be respected. (d) In the case of research, protocols shall, in addition, be submitted for prior review in accordance with relevant national and international research standards or guidelines. (e) If according to the law a person does not have the capacity to consent, research aﬀecting his or her genome may only be carried out for his or her direct health beneﬁt, subject to the authorization and the protective conditions prescribed by law. Research which does not have an expected direct health beneﬁt may only be undertaken by way of exception, with the utmost restraint, exposing the person only to a minimal risk and minimal burden and if the research is intended to contribute to the health beneﬁt of other persons in the same age category or with the same genetic condition, subject to the conditions prescribed by law, and provided such research is compatible with the protection of the individual’s human rights.

Article  No one shall be subjected to discrimination based on genetic characteristics that is intended to infringe or has the eﬀect of infringing human rights, fundamental freedoms and human dignity.

Declarations Adopted by the General Conference

699

Article  Genetic data associated with an identiﬁable person and stored or processed for the purposes of research or any other purpose must be held conﬁdential in the conditions set by law.

Article  Every individual shall have the right, according to international and national law, to just reparation for any damage sustained as a direct and determining result of an intervention aﬀecting his or her genome.

Article  In order to protect human rights and fundamental freedoms, limitations to the principles of consent and conﬁdentiality may only be prescribed by law, for compelling reasons within the bounds of public international law and the international law of human rights.

C. Research on the human genome Article  No research or research applications concerning the human genome, in particular in the ﬁelds of biology, genetics and medicine, should prevail over respect for the human rights, fundamental freedoms and human dignity of individuals or, where applicable, of groups of people.

Article  Practices which are contrary to human dignity, such as reproductive cloning of human beings, shall not be permitted. States and competent international organizations are invited to cooperate in identifying such practices and in taking, at national or international level, the measures necessary to ensure that the principles set out in this Declaration are respected.

Article  (a) Beneﬁts from advances in biology, genetics and medicine, concerning the human genome, shall be made available to all, with due regard for the dignity and human rights of each individual. (b) Freedom of research, which is necessary for the progress of knowledge, is part of freedom of thought. The applications of research, including applications in biology, genetics and medicine, concerning the human genome, shall seek to oﬀer relief from suﬀering and improve the health of individuals and humankind as a whole.

700

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

D. Conditions for the exercise of scientiﬁc activity Article  The responsibilities inherent in the activities of researchers, including meticulousness, caution, intellectual honesty and integrity in carrying out their research as well as in the presentation and utilization of their ﬁndings, should be the subject of particular attention in the framework of research on the human genome, because of its ethical and social implications. Public and private science policy-makers also have particular responsibilities in this respect.

Article  States should take appropriate measures to foster the intellectual and material conditions favourable to freedom in the conduct of research on the human genome and to consider the ethical, legal, social and economic implications of such research, on the basis of the principles set out in this Declaration.

Article  States should take appropriate steps to provide the framework for the free exercise of research on the human genome with due regard for the principles set out in this Declaration, in order to safeguard respect for human rights, fundamental freedoms and human dignity, and to protect public health. They should seek to ensure that research results are not used for non-peaceful purposes.

Article  States should recognize the value of promoting, at various levels, as appropriate, the establishment of independent, multidisciplinary and pluralist ethics committees to assess the ethical, legal and social issues raised by research on the human genome and its applications.

E. Solidarity and international cooperation Article  States should respect and promote the practice of solidarity towards individuals, families and population groups who are particularly vulnerable to or aﬀected by disease or disability of a genetic character. They should foster, inter alia, research on the identiﬁcation, prevention and treatment of genetically based and genetically inﬂuenced diseases, in particular rare as well as endemic diseases which aﬀect large numbers of the world’s population.

Declarations Adopted by the General Conference

701

Article  States should make every eﬀort, with due and appropriate regard for the principles set out in this Declaration, to continue fostering the international dissemination of scientiﬁc knowledge concerning the human genome, human diversity and genetic research and, in that regard, to foster scientiﬁc and cultural cooperation, particularly between industrialized and developing countries.

Article  (a) In the framework of international cooperation with developing countries, States should seek to encourage measures enabling: (i) assessment of the risks and beneﬁts pertaining to research on the human genome to be carried out, and abuse to be prevented; (ii) the capacity of developing countries to carry out research on human biology and genetics, taking into consideration their speciﬁc problems, to be developed and strengthened; (iii) developing countries to beneﬁt from the achievements of scientiﬁc and technological research so that their use in favour of economic and social progress can be to the beneﬁt of all; (iv) the free exchange of scientiﬁc knowledge and information in the areas of biology, genetics and medicine to be promoted. (b) Relevant international organizations should support and promote the initiatives taken by States for the above-mentioned purposes.

F. Promotion of the principles set out in the Declaration Article  States should take appropriate measures to promote the principles set out in the Declaration, through education and relevant means, inter alia, through the conduct of research and training in interdisciplinary ﬁelds and through the promotion of education in bioethics, at all levels, in particular for those responsible for science policies.

Article  States should take appropriate measures to encourage other forms of research, training and information dissemination conducive to raising the awareness of society and all of its members of their responsibilities regarding the fundamental issues relating to the defence of human dignity which may be raised by research in biology, in genetics and in medicine, and its applications. They should also undertake to facilitate on this subject an open international discussion, ensuring the free expression of various sociocultural, religious and philosophical opinions.

702 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

G. Implementation of the Declaration Article  States should make every eﬀort to promote the principles set out in this Declaration and should, by means of all appropriate measures, promote their implementation.

Article  States should take appropriate measures to promote, through education, training and information dissemination, respect for the above-mentioned principles and to foster their recognition and eﬀective application. States should also encourage exchanges and networks among independent ethics committees, as they are established, to foster full collaboration.

Article  The International Bioethics Committee of UNESCO should contribute to the dissemination of the principles set out in this Declaration and to the further examination of issues raised by their applications and by the evolution of the technologies in question. It should organize appropriate consultations with parties concerned, such as vulnerable groups. It should make recommendations, in accordance with UNESCO’s statutory procedures, addressed to the General Conference, and give advice concerning the follow-up of this Declaration, in particular regarding the identiﬁcation of practices that could be contrary to human dignity, such as germ-line interventions.

Article  Nothing in this Declaration may be interpreted as implying for any State, group or person any claim to engage in any activity or to perform any act contrary to human rights and fundamental freedoms, including the principles set out in this Declaration.

Declarations Adopted by the General Conference

703

Declaration on the Responsibilities of the Present Generations towards Future Generations adopted by the General Conference of UNESCO at its 29th session, Paris, 12 November 1997 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris from 21 October to 12 November 1997 at its twentyninth session, Mindful of the will of the peoples, set out solemnly in the Charter of the United Nations, to ‘save succeeding generations from the scourge of war’ and to safeguard the values and principles enshrined in the Universal Declaration of Human Rights, and all other relevant instruments of international law, Considering the provisions of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, both adopted on 16 December 1966, and the Convention on the Rights of the Child, adopted on 20 November 1989, Concerned by the fate of future generations in the face of the vital challenges of the next millennium, Conscious that, at this point in history, the very existence of humankind and its environment are threatened, Stressing that full respect for human rights and ideals of democracy constitute an essential basis for the protection of the needs and interests of future generations, Asserting the necessity for establishing new, equitable and global links of partnership and intra-generational solidarity, and for promoting intergenerational solidarity for the perpetuation of humankind, Recalling that the responsibilities of the present generations towards future generations have already been referred to in various instruments such as the Convention concerning the Protection of the World Cultural and Natural Heritage, adopted by the General Conference of UNESCO on 16 November 1972, the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity, adopted in Rio de Janeiro on 5 June 1992, the Rio Declaration on Environment and Development, adopted by the United Nations Conference on Environment and Development on 14 June 1992, the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights on 25 June 1993, and the United Nations General Assembly resolutions relating to the protection of the global climate for present and future generations adopted since 1990, Determined to contribute towards the solution of current world problems through increased international cooperation, to create such conditions as will ensure that the needs and

704 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

interests of future generations are not jeopardized by the burden of the past, and to hand on a better world to future generations, Resolved to strive to ensure that the present generations are fully aware of their responsibilities towards future generations, Recognizing that the task of protecting the needs and interests of future generations, particularly through education, is fundamental to the ethical mission of UNESCO, whose Constitution enshrines the ideals of ‘justice and liberty and peace’ founded on ‘the intellectual and moral solidarity of mankind’, Bearing in mind that the fate of future generations depends to a great extent on decisions and actions taken today, and that present-day problems, including poverty, technological and material underdevelopment, unemployment, exclusion, discrimination and threats to the environment, must be solved in the interests of both present and future generations, Convinced that there is a moral obligation to formulate behavioural guidelines for the present generations within a broad, future-oriented perspective, Solemnly proclaims on this twelfth day of November 1997 this Declaration on the Responsibilities of the Present Generations towards Future Generations.

Article . Needs and interests of future generations The present generations have the responsibility of ensuring that the needs and interests of present and future generations are fully safeguarded.

Article . Freedom of choice It is important to make every eﬀort to ensure, with due regard to human rights and fundamental freedoms, that future as well as present generations enjoy full freedom of choice as to their political, economic and social systems and are able to preserve their cultural and religious diversity.

Article . Maintenance and perpetuation of humankind The present generations should strive to ensure the maintenance and perpetuation of humankind with due respect for the dignity of the human person. Consequently, the nature and form of human life must not be undermined in any way whatsoever.

Article . Preservation of life on Earth The present generations have the responsibility to bequeath to future generations an Earth which will not one day be irreversibly damaged by human activity. Each generation inheriting the Earth temporarily should take care to use natural resources reasonably and ensure that life is not prejudiced by harmful modiﬁcations of the ecosystems and that scientiﬁc and technological progress in all ﬁelds does not harm life on Earth.

Declarations Adopted by the General Conference

705

Article . Protection of the environment 1. In order to ensure that future generations beneﬁt from the richness of the Earth’s ecosystems, the present generations should strive for sustainable development and preserve living conditions, particularly the quality and integrity of the environment. 2. The present generations should ensure that future generations are not exposed to pollution which may endanger their health or their existence itself. 3. The present generations should preserve for future generations natural resources necessary for sustaining human life and for its development. 4. The present generations should take into account possible consequences for future generations of major projects before these are carried out.

Article . Human genome and biodiversity The human genome, in full respect of the dignity of the human person and human rights, must be protected and biodiversity safeguarded. Scientiﬁc and technological progress should not in any way impair or compromise the preservation of the human and other species.

Article . Cultural diversity and cultural heritage With due respect for human rights and fundamental freedoms, the present generations should take care to preserve the cultural diversity of humankind. The present generations have the responsibility to identify, protect and safeguard the tangible and intangible cultural heritage and to transmit this common heritage to future generations.

Article . Common heritage of humankind The present generations may use the common heritage of humankind, as deﬁned in international law, provided that this does not entail compromising it irreversibly.

Article . Peace 1. The present generations should ensure that both they and future generations learn to live together in peace, security, respect for international law, human rights and fundamental freedoms. 2. The present generations should spare future generations the scourge of war. To that end, they should avoid exposing future generations to the harmful consequences of armed conﬂicts as well as all other forms of aggression and use of weapons, contrary to humanitarian principles.

Article . Development and education 1. The present generations should ensure the conditions of equitable, sustainable and universal socio-economic development of future generations, both in its individual and

706 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

collective dimensions, in particular through a fair and prudent use of available resources for the purpose of combating poverty. 2. Education is an important instrument for the development of human persons and societies. It should be used to foster peace, justice, understanding, tolerance and equality for the beneﬁt of present and future generations.

Article . Non-discrimination The present generations should refrain from taking any action or measure which would have the eﬀect of leading to or perpetuating any form of discrimination for future generations.

Article . Implementation 1. States, the United Nations system, other intergovernmental and non-governmental organizations, individuals, and public and private bodies should assume their full responsibilities in promoting, in particular through education, training and information, respect for the ideals laid down in this Declaration, and encourage by all appropriate means their full recognition and eﬀective application. 2. In view of UNESCO’s ethical mission, the Organization is requested to disseminate the present Declaration as widely as possible, and to undertake all necessary steps in its ﬁelds of competence to raise public awareness concerning the ideals enshrined therein.

Declarations Adopted by the General Conference

707

UNESCO Universal Declaration on Cultural Diversity adopted by the General Conference of UNESCO at its 31st session, Paris, 2 November 2001 The General Conference, Committed to the full implementation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and other universally recognized legal instruments, such as the two International Covenants of 1966 relating respectively to civil and political rights and to economic, social and cultural rights, Recalling that the Preamble to the Constitution of UNESCO aﬃrms ‘that the wide diﬀusion of culture, and the education of humanity for justice and liberty and peace are indispensable to the dignity of man and constitute a sacred duty which all the nations must fulﬁl in a spirit of mutual assistance and concern’, Further recalling Article I of the Constitution, which assigns to UNESCO among other purposes that of recommending ‘such international agreements as may be necessary to promote the free ﬂow of ideas by word and image’, Referring to the provisions relating to cultural diversity and the exercise of cultural rights in the international instruments enacted by UNESCO,1 Reaﬃrming that culture should be regarded as the set of distinctive spiritual, material, intellectual and emotional features of society or a social group, and that it encompasses, in addition to art and literature, lifestyles, ways of living together, value systems, traditions and beliefs,2 Noting that culture is at the heart of contemporary debates about identity, social cohesion, and the development of a knowledge-based economy, Aﬃrming that respect for the diversity of cultures, tolerance, dialogue and cooperation, in a climate of mutual trust and understanding, are among the best guarantees of international peace and security,

1. Including, in particular, the Florence Agreement of 1950 and its Nairobi Protocol of 1976, the Universal Copyright Convention of 1952, the Declaration of the Principles of International Cultural Cooperation of 1966, the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970, the Convention concerning the Protection of the World Cultural and Natural Heritage of 1972, the Declaration on Race and Racial Prejudice of 1978, the Recommendation concerning the Status of the Artist of 1980, and the Recommendation on the Safeguarding of Traditional Culture and Folklore of 1989. 2. This deﬁnition is in line with the conclusions of the World Conference on Cultural Policies (MONDIACULT, Mexico City, 1982), of the World Commission on Culture and Development (Our Creative Diversity, 1995), and of the Intergovernmental Conference on Cultural Policies for Development (Stockholm, 1998)

708 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Aspiring to greater solidarity on the basis of recognition of cultural diversity, of awareness of the unity of humankind, and of the development of intercultural exchanges, Considering that the process of globalization, facilitated by the rapid development of new information and communication technologies, though representing a challenge for cultural diversity, creates the conditions for renewed dialogue among cultures and civilizations, Aware of the speciﬁc mandate which has been entrusted to UNESCO, within the United Nations system, to ensure the preservation and promotion of the fruitful diversity of cultures, Proclaims the following principles and adopts the present Declaration.

Identity, diversity and pluralism Article . Cultural diversity: the common heritage of humanity Culture takes diverse forms across time and space. This diversity is embodied in the uniqueness and plurality of the identities of the groups and societies making up humankind. As a source of exchange, innovation and creativity, cultural diversity is as necessary for humankind as biodiversity is for nature. In this sense, it is the common heritage of humanity and should be recognized and aﬃrmed for the beneﬁt of present and future generations.

Article . From cultural diversity to cultural pluralism In our increasingly diverse societies, it is essential to ensure harmonious interaction among people and groups with plural, varied and dynamic cultural identities, as well as their willingness to live together. Policies for the inclusion and participation of all citizens are guarantees of social cohesion, the vitality of civil society, and peace. Thus deﬁned, cultural pluralism gives policy expression to the reality of cultural diversity. Indissociable from a democratic framework, cultural pluralism is conducive to cultural exchange and to the ﬂourishing of creative capacities that sustain public life.

Article . Cultural diversity as a factor in development Cultural diversity widens the range of options open to everyone; it is one of the roots of development, understood not simply in terms of economic growth, but also as a means to achieve a more satisfactory intellectual, emotional, moral and spiritual existence.

Cultural diversity and human rights Article . Human rights as guarantees of cultural diversity The defence of cultural diversity is an ethical imperative, inseparable from respect for human dignity. It implies a commitment to human rights and fundamental freedoms,

Declarations Adopted by the General Conference

709

in particular the rights of persons belonging to minorities and those of indigenous peoples. No one may invoke cultural diversity to infringe upon human rights guaranteed by international law, nor to limit their scope.

Article . Cultural rights as an enabling environment for cultural diversity Cultural rights are an integral part of human rights, which are universal, indivisible and interdependent. The ﬂourishing of creative diversity requires the full implementation of cultural rights as deﬁned in Article 27 of the Universal Declaration of Human Rights and in Articles 13 and 15 of the International Covenant on Economic, Social and Cultural Rights. All persons have therefore the right to express themselves and to create and disseminate their work in the language of their choice, and particularly in their mother tongue; all persons are entitled to quality education and training that fully respect their cultural identity; and all persons have the right to participate in the cultural life of their choice and conduct their own cultural practices, subject to respect for human rights and fundamental freedoms.

Article . Towards access for all to cultural diversity While ensuring the free ﬂow of ideas by word and image, care should be exercised so that all cultures can express themselves and make themselves known. Freedom of expression, media pluralism, multilingualism, equal access to art and to scientiﬁc and technological knowledge, including in digital form, and the possibility for all cultures to have access to the means of expression and dissemination are the guarantees of cultural diversity.

Cultural diversity and creativity Article . Cultural heritage as the wellspring of creativity Creation draws on the roots of cultural tradition, but ﬂourishes in contact with other cultures. For this reason, heritage in all its forms must be preserved, enhanced and handed on to future generations as a record of human experience and aspirations, so as to foster creativity in all its diversity and to inspire genuine dialogue among cultures.

Article . Cultural goods and services: commodities of a unique kind In the face of present-day economic and technological change, opening up vast prospects for creation and innovation, particular attention must be paid to the diversity of the supply of creative work, to due recognition of the rights of authors and artists, and to the speciﬁcity of cultural goods and services which, as vectors of identity, values and meaning, must not be treated as mere commodities or consumer goods.

710 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . Cultural policies as catalysts of creativity While ensuring the free circulation of ideas and works, cultural policies must create conditions conducive to the production and dissemination of diversiﬁed cultural goods and services through cultural industries that have the means to assert themselves at the local and global level. It is for each State, with due regard to its international obligations, to deﬁne its cultural policy and to implement it through the means it considers ﬁt, whether by operational support or appropriate regulations.

Cultural diversity and international solidarity Article . Strengthening capacities for creation and dissemination worldwide In the face of current imbalances in ﬂows and exchanges of cultural goods at the global level, it is necessary to reinforce international cooperation and solidarity aimed at enabling all countries, especially developing countries and countries in transition, to establish cultural industries that are viable and competitive at national and international level.

Article . Building partnerships between the public sector, the private sector and civil society Market forces alone cannot guarantee the preservation and promotion of cultural diversity, which is the key to sustainable human development. From this perspective, the pre-eminence of public policy, in partnership with the private sector and civil society, must be reaﬃrmed.

Article . The role of UNESCO UNESCO, by virtue of its mandate and functions, has the responsibility to: (a) promote the incorporation of the principles set out in the present Declaration into the development strategies drawn up within the various intergovernmental bodies; (b) serve as a reference point and a forum where States, international governmental and non-governmental organizations, civil society and the private sector may join together in elaborating concepts, objectives and policies in favour of cultural diversity; (c) pursue its activities in standard-setting, awareness-raising and capacitybuilding in the areas related to the present Declaration within its ﬁelds of competence; (d) facilitate the implementation of the Action Plan, the main lines of which are appended to the present Declaration.

Declarations Adopted by the General Conference

711

Annex II: Main lines of an Action Plan for the implementation of the UNESCO Universal Declaration on Cultural Diversity The Member States commit themselves to taking appropriate steps to disseminate widely the UNESCO Universal Declaration on Cultural Diversity and to encourage its eﬀective application, in particular by cooperating with a view to achieving the following objectives: 1. deepening the international debate on questions relating to cultural diversity, particularly in respect of its links with development and its impact on policymaking, at both national and international level; taking forward, notably, consideration of the advisability of an international legal instrument on cultural diversity; 2. advancing in the deﬁnition of principles, standards and practices, on both the national and the international levels, as well as of awareness-raising modalities and patterns of cooperation, that are most conducive to the safeguarding and promotion of cultural diversity; 3. fostering the exchange of knowledge and best practices in regard to cultural pluralism, with a view to facilitating, in diversiﬁed societies, the inclusion and participation of persons and groups from varied cultural backgrounds; 4. making further headway in understanding and clarifying the content of cultural rights as an integral part of human rights; 5. safeguarding the linguistic heritage of humanity and giving support to expression, creation and dissemination in the greatest possible number of languages; 6. encouraging linguistic diversity – while respecting the mother tongue – at all levels of education, wherever possible, and fostering the learning of several languages from the earliest age; 7. promoting through education an awareness of the positive value of cultural diversity and improving to this end both curriculum design and teacher education; 8. incorporating, where appropriate, traditional pedagogies into the education process with a view to preserving and making full use of culturally appropriate methods of communication and transmission of knowledge; 9. encouraging ‘digital literacy’ and ensuring greater mastery of the new information and communication technologies, which should be seen both as educational disciplines and as pedagogical tools capable of enhancing the eﬀectiveness of educational services; 10. promoting linguistic diversity in cyberspace and encouraging universal access through the global network to all information in the public domain; 11. countering the digital divide, in close cooperation in relevant United Nations system organizations, by fostering access by the developing countries to the new technologies, by helping them to master information technologies and by facilitating the digital dissemination of endogenous cultural products and access by those countries to the educational, cultural and scientiﬁc digital resources available worldwide;

712 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

12.

13.

14.

15.

16.

17.

18.

19. 20.

encouraging the production, safeguarding and dissemination of diversiﬁed contents in the media and global information networks and, to that end, promoting the role of public radio and television services in the development of audio-visual productions of good quality, in particular by fostering the establishment of cooperative mechanisms to facilitate their distribution; formulating policies and strategies for the preservation and enhancement of the cultural and natural heritage, notably the oral and intangible cultural heritage, and combating illicit traﬃc in cultural goods and services; respecting and protecting traditional knowledge, in particular that of indigenous peoples; recognizing the contribution of traditional knowledge, particularly with regard to environmental protection and the management of natural resources, and fostering synergies between modern science and local knowledge; fostering the mobility of creators, artists, researchers, scientists and intellectuals, and the development of international research programmes and partnerships, while striving to preserve and enhance the creative capacity of developing countries and countries in transition; ensuring protection of copyright and related rights in the interest of the development of contemporary creativity and fair remuneration for creative work, while at the same time upholding a public right of access to culture, in accordance with Article 27 of the Universal Declaration of Human Rights; assisting in the emergence or consolidation of cultural industries in the developing countries and countries in transition and, to this end, cooperating in the development of the necessary infrastructures and skills, fostering the emergence of viable local markets, and facilitating access for the cultural products of those countries to the global market and international distribution networks; developing cultural policies, including operational support arrangements and/or appropriate regulatory frameworks, designed to promote the principles enshrined in this Declaration, in accordance with the international obligations incumbent upon each State; involving the various sections of civil society closely in the framing of public policies aimed at safeguarding and promoting cultural diversity; recognizing and encouraging the contribution that the private sector can make to enhancing cultural diversity and facilitating, to that end, the establishment of forums for dialogue between the public sector and the private sector.

The Member States recommend that the Director-General take the objectives set forth in this Action Plan into account in the implementation of UNESCO’s programmes and communicate it to institutions of the United Nations system and to other intergovernmental and non-governmental organizations concerned, with a view to enhancing the synergy of actions in favour of cultural diversity.

Declarations Adopted by the General Conference

713

Charter on the Preservation of Digital Heritage adopted by the General Conference of UNESCO at its 32nd session, Paris, 15 October 2003 Preamble The General Conference, Considering that the disappearance of heritage in whatever form constitutes an impoverishment of the heritage of all nations, Recalling that the Constitution of UNESCO provides that the Organization will maintain, increase and diﬀuse knowledge, by assuring the conservation and protection of the world’s inheritance of books, works of art and monuments of history and science, that its ‘Information for All’ Programme provides a platform for discussions and action on information policies and the safeguarding of recorded knowledge, and that its ‘Memory of the World’ Programme aims to ensure the preservation and universal accessibility of the world’s documentary heritage, Recognizing that such resources of information and creative expression are increasingly produced, distributed, accessed and maintained in digital form, creating a new legacy – the digital heritage, Aware that access to this heritage will offer broadened opportunities for creation, communication and sharing of knowledge among all peoples, Understanding that this digital heritage is at risk of being lost and that its preservation for the beneﬁt of present and future generations is an urgent issue of worldwide concern, Proclaims the following principles and adopts the present Charter.

The digital heritage as a common heritage Article . Scope The digital heritage consists of unique resources of human knowledge and expression. It embraces cultural, educational, scientiﬁc and administrative resources, as well as technical, legal, medical and other kinds of information created digitally, or converted into digital form from existing analogue resources. Where resources are ‘born digital’, there is no other format but the digital object. Digital materials include texts, databases, still and moving images, audio, graphics, software and web pages, among a wide and growing range of formats. They are frequently ephemeral, and require purposeful production, maintenance and management to be retained.

714 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Many of these resources have lasting value and signiﬁcance, and therefore constitute a heritage that should be protected and preserved for current and future generations. This ever-growing heritage may exist in any language, in any part of the world, and in any area of human knowledge or expression.

Article . Access to the digital heritage The purpose of preserving the digital heritage is to ensure that it remains accessible to the public. Accordingly, access to digital heritage materials, especially those in the public domain, should be free of unreasonable restrictions. At the same time, sensitive and personal information should be protected from any form of intrusion. Member States may wish to cooperate with relevant organizations and institutions in encouraging a legal and practical environment which will maximize accessibility of the digital heritage. A fair balance between the legitimate rights of creators and other rights holders and the interests of the public to access digital heritage materials should be reaffirmed and promoted, in accordance with international norms and agreements.

Guarding against loss of heritage Article . The threat of loss The world’s digital heritage is at risk of being lost to posterity. Contributing factors include the rapid obsolescence of the hardware and software which brings it to life, uncertainties about resources, responsibility and methods for maintenance and preservation, and the lack of supportive legislation. Attitudinal change has fallen behind technological change. Digital evolution has been too rapid and costly for governments and institutions to develop timely and informed preservation strategies. The threat to the economic, social, intellectual and cultural potential of the heritage – the building blocks of the future – has not been fully grasped.

Article . Need for action Unless the prevailing threats are addressed, the loss of the digital heritage will be rapid and inevitable. Member States will beneﬁt by encouraging legal, economic and technical measures to safeguard the heritage. Awareness-raising and advocacy is urgent, alerting policy-makers and sensitizing the general public to both the potential of the digital media and the practicalities of preservation.

Article . Digital continuity Continuity of the digital heritage is fundamental. To preserve digital heritage, measures will need to be taken throughout the digital information life cycle, from creation to access.

Declarations Adopted by the General Conference

715

Long-term preservation of digital heritage begins with the design of reliable systems and procedures which will produce authentic and stable digital objects.

Measures required Article . Developing strategies and policies Strategies and policies to preserve the digital heritage need to be developed, taking into account the level of urgency, local circumstances, available means and future projections. The cooperation of holders of copyright and related rights, and other stakeholders, in setting common standards and compatibilities, and resource sharing, will facilitate this.

Article . Selecting what should be kept As with all documentary heritage, selection principles may vary between countries, although the main criteria for deciding what digital materials to keep would be their signiﬁcance and lasting cultural, scientiﬁc, evidential or other value. ‘Born digital’ materials should clearly be given priority. Selection decisions and any subsequent reviews need to be carried out in an accountable manner, and be based on deﬁned principles, policies, procedures and standards.

Article . Protecting the digital heritage Member States need appropriate legal and institutional frameworks to secure the protection of their digital heritage. As a key element of national preservation policy, archive legislation and legal or voluntary deposit in libraries, archives, museums and other public repositories should embrace the digital heritage. Access to legally deposited digital heritage materials, within reasonable restrictions, should be assured without causing prejudice to their normal exploitation. Legal and technical frameworks for authenticity are crucial to prevent manipulation or intentional alteration of digital heritage. Both require that the content, functionality of ﬁles and documentation be maintained to the extent necessary to secure an authentic record.

Article . Preserving cultural heritage The digital heritage is inherently unlimited by time, geography, culture or format. It is culture-speciﬁc, but potentially accessible to every person in the world. Minorities may speak to majorities, the individual to a global audience. The digital heritage of all regions, countries and communities should be preserved and made accessible, so as to assure over time representation of all peoples, nations, cultures and languages.

716 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Responsibilities Article . Roles and responsibilities Member States may wish to designate one or more agencies to take coordinating responsibility for the preservation of the digital heritage, and to make available necessary resources. The sharing of tasks and responsibilities may be based on existing roles and expertise. Measures should be taken to: (a) urge hardware and software developers, creators, publishers, producers and distributors of digital materials as well as other private sector partners to cooperate with national libraries, archives, museums and other public heritage organizations in preserving the digital heritage; (b) develop training and research, and share experience and knowledge among the institutions and professional associations concerned; (c) encourage universities and other research organizations, both public and private, to ensure preservation of research data.

Article . Partnerships and cooperation Preservation of the digital heritage requires sustained eﬀorts on the part of governments, creators, publishers, relevant industries and heritage institutions. In the face of the current digital divide, it is necessary to reinforce international cooperation and solidarity to enable all countries to ensure creation, dissemination, preservation and continued accessibility of their digital heritage. Industries, publishers and mass communication media are urged to promote and share knowledge and technical expertise. The stimulation of education and training programmes, resource-sharing arrangements, and dissemination of research results and best practices will democratize access to digital preservation techniques.

Article . The role of UNESCO UNESCO, by virtue of its mandate and functions, has the responsibility to: (a) take the principles set forth in this Charter into account in the functioning of its programmes, and promote their implementation within the United Nations system and by intergovernmental and international non-governmental organizations concerned with the preservation of the digital heritage; (b) serve as a reference point and a forum where Member States, intergovernmental and international non-governmental organizations, civil society and the private sector may join together in elaborating objectives, policies and projects in favour of the preservation of the digital heritage; (c) foster cooperation, awareness-raising and capacity-building, and propose standard ethical, legal and technical guidelines, to support the preservation of the digital heritage;

Declarations Adopted by the General Conference

(d)

717

determine, on the basis of the experience gained over the next six years in implementing the present Charter and the guidelines, whether there is a need for further standard-setting instruments for the promotion and preservation of the digital heritage.

718 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

International Declaration on Human Genetic Data adopted by the General Conference of UNESCO at its 32nd session, Paris, 16 October 2003 The General Conference, Recalling the Universal Declaration of Human Rights of 10 December 1948, the two United Nations International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights of 16 December 1966, the United Nations International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965, the United Nations Convention on the Elimination of All Forms of Discrimination against Women of 18 December 1979, the United Nations Convention on the Rights of the Child of 20 November 1989, the United Nations Economic and Social Council Resolutions 2001/39 on Genetic Privacy and NonDiscrimination of 26 July 2001 and 2003/232 on Genetic Privacy and NonDiscrimination of 22 July 2003, the ILO Convention (No. 111) concerning Discrimination in Respect of Employment and Occupation of 25 June 1958, the UNESCO Universal Declaration on Cultural Diversity of 2 November 2001, the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) annexed to the Agreement establishing the World Trade Organization, which entered into force on 1 January 1995, the Doha Declaration on the TRIPS Agreement and Public Health of 14 November 2001, and the other international human rights instruments adopted by the United Nations and the specialized agencies of the United Nations system, Recalling more particularly the Universal Declaration on the Human Genome and Human Rights which it adopted, unanimously and by acclamation, on 11 November 1997 and which was endorsed by the United Nations General Assembly on 9 December 1998, and the Guidelines for the implementation of the Universal Declaration on the Human Genome and Human Rights which it endorsed on 16 November 1999 by 30 C/ Resolution 23, Welcoming the broad public interest worldwide in the Universal Declaration on the Human Genome and Human Rights, the ﬁrm support it has received from the international community and its impact in Member States drawing upon it for their legislation, regulations, norms and standards, and ethical codes of conduct and guidelines, Bearing in mind the international and regional instruments, national laws, regulations and ethical texts relating to the protection of human rights and fundamental freedoms and to respect for human dignity as regards the collection, processing, use and storage of scientiﬁc data, as well as of medical data and personal data, Recognizing that genetic information is part of the overall spectrum of medical data, and that the information content of any medical data, including genetic data and proteomic data, is highly contextual and dependent on the particular circumstances,

Declarations Adopted by the General Conference

719

Also recognizing that: human genetic data have a special status on account of their sensitive nature since they can be predictive of genetic predispositions concerning individuals and that the power of predictability can be stronger than assessed at the time of deriving the data; they may have a signiﬁcant impact on the family, including oﬀspring, extending over generations, and in some instances on the whole group; they may contain information the signiﬁcance of which is not necessarily known at the time of the collection of biological samples; and they may have cultural signiﬁcance for persons or groups, Emphasizing that all medical data, including genetic data and proteomic data, regardless of their apparent information content, should be treated with the same high standards of conﬁdentiality, Noting the increasing importance of human genetic data for economic and commercial purposes, Having regard to the special needs and vulnerabilities of developing countries and the need to reinforce international cooperation in the ﬁeld of human genetics, Considering that the collection, processing, use and storage of human genetic data are of paramount importance for the progress of life sciences and medicine, for their applications and for the use of such data for non-medical purposes, Also considering that the growing amount of personal data collected makes genuine irretrievability increasingly diﬃcult, Aware that the collection, processing, use and storage of human genetic data have potential risks for the exercise and observance of human rights and fundamental freedoms and respect for human dignity, Noting that the interests and welfare of the individual should have priority over the rights and interests of society and research, Reaﬃrming the principles established in the Universal Declaration on the Human Genome and Human Rights and the principles of equality, justice, solidarity and responsibility as well as respect for human dignity, human rights and fundamental freedoms, particularly freedom of thought and expression, including freedom of research, and privacy and security of the person, which must underlie the collection, processing, use and storage of human genetic data, Proclaims the principles that follow and adopts the present Declaration.

A. General provisions Article . Aims and scope (a) The aims of this Declaration are: to ensure the respect of human dignity and protection of human rights and fundamental freedoms in the collection, processing, use and storage

720 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

of human genetic data, human proteomic data and of the biological samples from which they are derived, referred to hereinafter as ‘biological samples’, in keeping with the requirements of equality, justice and solidarity, while giving due consideration to freedom of thought and expression, including freedom of research; to set out the principles which should guide States in the formulation of their legislation and their policies on these issues; and to form the basis for guidelines of good practices in these areas for the institutions and individuals concerned. (b) Any collection, processing, use and storage of human genetic data, human proteomic data and biological samples shall be consistent with the international law of human rights. (c) The provisions of this Declaration apply to the collection, processing, use and storage of human genetic data, human proteomic data and biological samples, except in the investigation, detection and prosecution of criminal oﬀences and in parentage testing that are subject to domestic law that is consistent with the international law of human rights.

Article . Use of terms For the purposes of this Declaration, the terms used have the following meanings: (i) Human genetic data: information about heritable characteristics of individuals obtained by analysis of nucleic acids or by other scientiﬁc analysis; (ii) Human proteomic data: information pertaining to an individual’s proteins including their expression, modiﬁcation and interaction; (iii) Consent: any freely given speciﬁc, informed and express agreement of an individual to his or her genetic data being collected, processed, used and stored; (iv) Biological samples: any sample of biological material (for example blood, skin and bone cells or blood plasma) in which nucleic acids are present and which contains the characteristic genetic make-up of an individual; (v) Population-based genetic study: a study which aims at understanding the nature and extent of genetic variation among a population or individuals within a group or between individuals across diﬀerent groups; (vi) Behavioural genetic study: a study that aims at establishing possible connections between genetic characteristics and behaviour; (vii) Invasive procedure: biological sampling using a method involving intrusion into the human body, such as obtaining a blood sample by using a needle and syringe; (viii) Non-invasive procedure: biological sampling using a method which does not involve intrusion into the human body, such as oral smears; (ix) Data linked to an identiﬁable person: data that contain information, such as name, birth date and address, by which the person from whom the data were derived can be identiﬁed; (x) Data unlinked to an identiﬁable person: data that are not linked to an identiﬁable person, through the replacement of, or separation from, all identifying information about that person by use of a code;

Declarations Adopted by the General Conference

(xi)

(xii)

(xiii)

(xiv)

(xv)

721

Data irretrievably unlinked to an identiﬁable person: data that cannot be linked to an identifiable person, through destruction of the link to any identifying information about the person who provided the sample; Genetic testing: a procedure to detect the presence or absence of, or change in, a particular gene or chromosome, including an indirect test for a gene product or other speciﬁc metabolite that is primarily indicative of a speciﬁc genetic change; Genetic screening: large-scale systematic genetic testing oﬀered in a programme to a population or subsection thereof intended to detect genetic characteristics in asymptomatic people; Genetic counselling: a procedure to explain the possible implications of the ﬁndings of genetic testing or screening, its advantages and risks and, where applicable, to assist the individual in the long-term handling of the consequences; it takes place before and after genetic testing and screening; Cross-matching: matching of information about an individual or a group contained in various data ﬁles set up for diﬀerent purposes.

Article . Person’s identity Each individual has a characteristic genetic make-up. Nevertheless, a person’s identity should not be reduced to genetic characteristics, since it involves complex educational, environmental and personal factors, and emotional, social, spiritual and cultural bonds with others, and implies a dimension of freedom.

Article . Special status (a) Human genetic data have a special status because: (i) they can be predictive of genetic predispositions concerning individuals; (ii) they may have a signiﬁcant impact on the family, including oﬀspring, extending over generations, and in some instances on the whole group to which the person concerned belongs; (iii) they may contain information the signiﬁcance of which is not necessarily known at the time of the collection of the biological samples; (iv) they may have cultural signiﬁcance for persons or groups. (b) Due consideration should be given to the sensitivity of human genetic data, and an appropriate level of protection for these data and biological samples should be established.

Article . Purposes Human genetic data and human proteomic data may be collected, processed, used and stored only for the purposes of: (i) diagnosis and health care, including screening and predictive testing; (ii) medical and other scientiﬁc research, including epidemiological, especially population-based genetic studies, as well as anthropological or archaeological studies, collectively referred to hereinafter as ‘medical and scientiﬁc research’;

722 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

(iii) forensic medicine and civil, criminal and other legal proceedings, taking into account the provisions of Article 1(c); (iv) or any other purpose consistent with the Universal Declaration on the Human Genome and Human Rights and the international law of human rights.

Article . Procedures (a) It is ethically imperative that human genetic data and human proteomic data be collected, processed, used and stored on the basis of transparent and ethically acceptable procedures. States should endeavour to involve society at large in the decision-making process concerning broad policies for the collection, processing, use and storage of human genetic data and human proteomic data and the evaluation of their management, in particular in the case of population-based genetic studies. This decision-making process, which may beneﬁt from international experience, should ensure the free expression of various viewpoints. (b) Independent, multidisciplinary and pluralist ethics committees should be promoted and established at national, regional, local or institutional levels, in accordance with the provisions of Article 16 of the Universal Declaration on the Human Genome and Human Rights. Where appropriate, ethics committees at national level should be consulted with regard to the establishment of standards, regulations and guidelines for the collection, processing, use and storage of human genetic data, human proteomic data and biological samples. They should also be consulted concerning matters where there is no domestic law. Ethics committees at institutional or local levels should be consulted with regard to their application to speciﬁc research projects. (c) When the collection, processing, use and storage of human genetic data, human proteomic data or biological samples are carried out in two or more States, the ethics committees in the States concerned, where appropriate, should be consulted and the review of these questions at the appropriate level should be based on the principles set out in this Declaration and on the ethical and legal standards adopted by the States concerned. (d) It is ethically imperative that clear, balanced, adequate and appropriate information shall be provided to the person whose prior, free, informed and express consent is sought. Such information shall, alongside with providing other necessary details, specify the purpose for which human genetic data and human proteomic data are being derived from biological samples, and are used and stored. This information should indicate, if necessary, risks and consequences. This information should also indicate that the person concerned can withdraw his or her consent, without coercion, and this should entail neither a disadvantage nor a penalty for the person concerned.

Article . Non-discrimination and non-stigmatization (a) Every eﬀort should be made to ensure that human genetic data and human proteomic data are not used for purposes that discriminate in a way that is intended to infringe, or has the eﬀect of infringing, human rights, fundamental freedoms or human

Declarations Adopted by the General Conference

723

dignity of an individual, or for purposes that lead to the stigmatization of an individual, a family, a group or communities. (b) In this regard, appropriate attention should be paid to the ﬁndings of populationbased genetic studies and behavioural genetic studies and their interpretations.

B. Collection Article . Consent (a) Prior, free, informed and express consent, without inducement by ﬁnancial or other personal gain, should be obtained for the collection of human genetic data, human proteomic data or biological samples, whether through invasive or non-invasive procedures, and for their subsequent processing, use and storage, whether carried out by public or private institutions. Limitations on this principle of consent should only be prescribed for compelling reasons by domestic law consistent with the international law of human rights. (b) When, in accordance with domestic law, a person is incapable of giving informed consent, authorization should be obtained from the legal representative, in accordance with domestic law. The legal representative should have regard to the best interest of the person concerned. (c) An adult not able to consent should as far as possible take part in the authorization procedure. The opinion of a minor should be taken into consideration as an increasingly determining factor in proportion to age and degree of maturity. (d) In diagnosis and health care, genetic screening and testing of minors and adults not able to consent will normally only be ethically acceptable when they have important implications for the health of the person and have regard to his or her best interest.

Article . Withdrawal of consent (a) When human genetic data, human proteomic data or biological samples are collected for medical and scientiﬁc research purposes, consent may be withdrawn by the person concerned unless such data are irretrievably unlinked to an identiﬁable person. In accordance with the provisions of Article 6(d), withdrawal of consent should entail neither a disadvantage nor a penalty for the person concerned. (b) When a person withdraws consent, the person’s genetic data, proteomic data and biological samples should no longer be used unless they are irretrievably unlinked to the person concerned. (c) If not irretrievably unlinked, the data and biological samples should be dealt with in accordance with the wishes of the person. If the person’s wishes cannot be determined or are not feasible or are unsafe, the data and biological samples should either be irretrievably unlinked or destroyed.

724

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . The right to decide whether or not to be informed about research results When human genetic data, human proteomic data or biological samples are collected for medical and scientiﬁc research purposes, the information provided at the time of consent should indicate that the person concerned has the right to decide whether or not to be informed of the results. This does not apply to research on data irretrievably unlinked to identiﬁable persons or to data that do not lead to individual ﬁndings concerning the persons who have participated in such a research. Where appropriate, the right not to be informed should be extended to identiﬁed relatives who may be aﬀected by the results.

Article . Genetic counselling It is ethically imperative that, when genetic testing that may have signiﬁcant implications for a person’s health is being considered, genetic counselling should be made available in an appropriate manner. Genetic counselling should be non-directive, culturally adapted and consistent with the best interest of the person concerned.

Article . Collection of biological samples for forensic medicine or in civil, criminal and other legal proceedings When human genetic data or human proteomic data are collected for the purposes of forensic medicine or in civil, criminal and other legal proceedings, including parentage testing, the collection of biological samples, in vivo or post-mortem, should be made only in accordance with domestic law consistent with the international law of human rights.

C. Processing Article . Access No one should be denied access to his or her own genetic data or proteomic data unless such data are irretrievably unlinked to that person as the identiﬁable source or unless domestic law limits such access in the interest of public health, public order or national security.

Article . Privacy and conﬁdentiality (a) States should endeavour to protect the privacy of individuals and the conﬁdentiality of human genetic data linked to an identiﬁable person, family or, where appropriate, group, in accordance with domestic law consistent with the international law of human rights. (b) Human genetic data, human proteomic data and biological samples linked to an identiﬁable person should not be disclosed or made accessible to third parties, in particular, employers, insurance companies, educational institutions and the family, except for an important public interest reason in cases restrictively provided for by domestic law consistent

Declarations Adopted by the General Conference

725

with the international law of human rights or where the prior, free, informed and express consent of the person concerned has been obtained provided that such consent is in accordance with domestic law and the international law of human rights. The privacy of an individual participating in a study using human genetic data, human proteomic data or biological samples should be protected and the data should be treated as conﬁdential. (c) Human genetic data, human proteomic data and biological samples collected for the purposes of scientiﬁc research should not normally be linked to an identiﬁable person. Even when such data or biological samples are unlinked to an identiﬁable person, the necessary precautions should be taken to ensure the security of the data or biological samples. (d) Human genetic data, human proteomic data and biological samples collected for medical and scientiﬁc research purposes can remain linked to an identiﬁable person only if necessary to carry out the research and provided that the privacy of the individual and the conﬁdentiality of the data or biological samples concerned are protected in accordance with domestic law. (e) Human genetic data and human proteomic data should not be kept in a form which allows the data subject to be identiﬁed for any longer than is necessary for achieving the purposes for which they were collected or subsequently processed.

Article . Accuracy, reliability, quality and security The persons and entities responsible for the processing of human genetic data, human proteomic data and biological samples should take the necessary measures to ensure the accuracy, reliability, quality and security of these data and the processing of biological samples. They should exercise rigour, caution, honesty and integrity in the processing and interpretation of human genetic data, human proteomic data or biological samples, in view of their ethical, legal and social implications.

D. Use Article . Change of purpose (a) Human genetic data, human proteomic data and the biological samples collected for one of the purposes set out in Article 5 should not be used for a diﬀerent purpose that is incompatible with the original consent, unless the prior, free, informed and express consent of the person concerned is obtained according to the provisions of Article 8(a) or unless the proposed use, decided by domestic law, corresponds to an important public interest reason and is consistent with the international law of human rights. If the person concerned lacks the capacity to consent, the provisions of Article 8(b) and (c) should apply, mutatis mutandis. (b) When prior, free, informed and express consent cannot be obtained or in the case of data irretrievably unlinked to an identiﬁable person, human genetic data may be used in accordance with domestic law or following the consultation procedures set out in Article 6(b).

726 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . Stored biological samples (a) Stored biological samples collected for purposes other than set out in Article 5 may be used to produce human genetic data or human proteomic data with the prior, free, informed and express consent of the person concerned. However, domestic law may provide that if such data have signiﬁcance for medical and scientiﬁc research purposes, e.g. epidemiological studies, or public health purposes, they may be used for those purposes, following the consultation procedures set out in Article 6(b). (b) The provisions of Article 12 should apply, mutatis mutandis, to stored biological samples used to produce human genetic data for forensic medicine.

Article . Circulation and international cooperation (a) States should regulate, in accordance with their domestic law and international agreements, the cross-border ﬂow of human genetic data, human proteomic data and biological samples so as to foster international medical and scientiﬁc cooperation and ensure fair access to these data. Such a system should seek to ensure that the receiving party provides adequate protection in accordance with the principles set out in this Declaration. (b) States should make every eﬀort, with due and appropriate regard for the principles set out in this Declaration, to continue fostering the international dissemination of scientiﬁc knowledge concerning human genetic data and human proteomic data and, in that regard, to foster scientiﬁc and cultural cooperation, particularly between industrialized and developing countries. (c) Researchers should endeavour to establish cooperative relationships, based on mutual respect with regard to scientiﬁc and ethical matters and, subject to the provisions of Article 14, should encourage the free circulation of human genetic data and human proteomic data in order to foster the sharing of scientiﬁc knowledge, provided that the principles set out in this Declaration are observed by the parties concerned. To this end, they should also endeavour to publish in due course the results of their research.

Article . Sharing of beneﬁts (a) In accordance with domestic law or policy and international agreements, beneﬁts resulting from the use of human genetic data, human proteomic data or biological samples collected for medical and scientiﬁc research should be shared with the society as a whole and the international community. In giving eﬀect to this principle, beneﬁts may take any of the following forms: (i) special assistance to the persons and groups that have taken part in the research; (ii) access to medical care; (iii) provision of new diagnostics, facilities for new treatments or drugs stemming from the research; (iv) support for health services; (v) capacity-building facilities for research purposes;

Declarations Adopted by the General Conference

727

(vi)

development and strengthening of the capacity of developing countries to collect and process human genetic data, taking into consideration their speciﬁc problems; (vii) any other form consistent with the principles set out in this Declaration.

(b) Limitations in this respect could be provided by domestic law and international agreements.

E. Storage Article . Monitoring and management framework States may consider establishing a framework for the monitoring and management of human genetic data, human proteomic data and biological samples based on the principles of independence, multidisciplinarity, pluralism and transparency as well as the principles set out in this Declaration. This framework could also deal with the nature and purposes of the storage of these data.

Article . Destruction (a) The provisions of Article 9 apply, mutatis mutandis, in the case of stored human genetic data, human proteomic data and biological samples. (b) Human genetic data, human proteomic data and the biological samples collected from a suspect in the course of a criminal investigation should be destroyed when they are no longer necessary, unless otherwise provided for by domestic law consistent with the international law of human rights. (c) Human genetic data, human proteomic data and biological samples should be available for forensic purposes and civil proceedings only for as long as they are necessary for those proceedings, unless otherwise provided for by domestic law consistent with the international law of human rights.

Article . Cross-matching Consent should be essential for the cross-matching of human genetic data, human proteomic data or biological samples stored for diagnostic and health care purposes and for medical and other scientiﬁc research purposes, unless otherwise provided for by domestic law for compelling reasons and consistent with the international law of human rights.

F. Promotion and implementation Article . Implementation (a) States should take all appropriate measures, whether of a legislative, administrative or other character, to give eﬀect to the principles set out in this Declaration, in accordance

728

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

with the international law of human rights. Such measures should be supported by action in the sphere of education, training and public information. (b) In the framework of international cooperation, States should endeavour to enter into bilateral and multilateral agreements enabling developing countries to build up their capacity to participate in generating and sharing scientiﬁc knowledge concerning human genetic data and the related know-how.

Article . Ethics education, training and information In order to promote the principles set out in this Declaration, States should endeavour to foster all forms of ethics education and training at all levels as well as to encourage information and knowledge dissemination programmes about human genetic data. These measures should aim at speciﬁc audiences, in particular researchers and members of ethics committees, or be addressed to the public at large. In this regard, States should encourage the participation of international and regional intergovernmental organizations and international, regional and national non-governmental organizations in this endeavour.

Article . Roles of the International Bioethics Committee (IBC) and the Intergovernmental Bioethics Committee (IGBC) The International Bioethics Committee (IBC) and the Intergovernmental Bioethics Committee (IGBC) shall contribute to the implementation of this Declaration and the dissemination of the principles set out therein. On a collaborative basis, the two Committees should be responsible for its monitoring and for the evaluation of its implementation, inter alia, on the basis of reports provided by States. The two Committees should be responsible in particular for the formulation of any opinion or proposal likely to further the eﬀectiveness of this Declaration. They should make recommendations in accordance with UNESCO’s statutory procedures, addressed to the General Conference.

Article . Follow-up action by UNESCO UNESCO shall take appropriate action to follow up this Declaration so as to foster progress of the life sciences and their applications through technologies, based on respect for human dignity and the exercise and observance of human rights and fundamental freedoms.

Article . Denial of acts contrary to human rights, fundamental freedoms and human dignity Nothing in this Declaration may be interpreted as implying for any State, group or person any claim to engage in any activity or to perform any act contrary to human rights, fundamental freedoms and human dignity, including, in particular, the principles set out in this Declaration.

Declarations Adopted by the General Conference

729

UNESCO Declaration concerning the Intentional Destruction of Cultural Heritage adopted by the General Conference of UNESCO at its 32nd session, Paris, 17 October 2003 The General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization, meeting in Paris at its thirty-second session, in 2003, Recalling the tragic destruction of the Buddhas of Bamiyan, which aﬀected the international community as a whole, Expressing serious concern about the growing number of acts of intentional destruction of cultural heritage, Referring to Article I(2) (c) of the Constitution of UNESCO, which entrusts UNESCO with the task of maintaining, increasing and diﬀusing knowledge by ‘assuring the conservation and protection of the world’s inheritance of books, works of art and monuments of history and science, and recommending to the nations concerned the necessary international conventions’, Recalling the principles of all UNESCO’s conventions, recommendations, declarations and charters for the protection of cultural heritage, Mindful that cultural heritage is an important component of the cultural identity of communities, groups and individuals, and of social cohesion, so that its intentional destruction may have adverse consequences on human dignity and human rights, Reiterating one of the fundamental principles of the Preamble of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conﬂict, providing that ‘damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world’, Recalling the principles concerning the protection of cultural heritage in the event of armed conﬂict established in the 1899 and 1907 Hague Conventions and, in particular, in Articles 27 and 56 of the Regulations of the 1907 Fourth Hague Convention, as well as other subsequent agreements, Mindful of the development of rules of customary international law as also aﬃrmed by the relevant case-law, related to the protection of cultural heritage in peacetime as well as in the event of armed conﬂict, Also recalling Articles 8(2) (b) (ix) and 8(2) (e) (iv) of the Rome Statute of the International Criminal Court, and, as appropriate, Article 3(d) of the Statute of the International Criminal Tribunal for the former Yugoslavia, related to the intentional destruction of cultural heritage,

730 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Reaffirming that issues not fully covered by the present Declaration and other international instruments concerning cultural heritage will continue to be governed by the principles of international law, the principles of humanity and the dictates of public conscience, Adopts and solemnly proclaims the present Declaration.

I. Recognition of the importance of cultural heritage The international community recognizes the importance of the protection of cultural heritage and reaﬃrms its commitment to ﬁght against its intentional destruction in any form so that such cultural heritage may be transmitted to the succeeding generations.

II. Scope 1. The present Declaration addresses intentional destruction of cultural heritage including cultural heritage linked to a natural site. 2. For the purposes of this Declaration ‘intentional destruction’ means an act intended to destroy in whole or in part cultural heritage, thus compromising its integrity, in a manner which constitutes a violation of international law or an unjustiﬁable oﬀence to the principles of humanity and dictates of public conscience, in the latter case in so far as such acts are not already governed by fundamental principles of international law.

III. Measures to combat intentional destruction of cultural heritage 1. States should take all appropriate measures to prevent, avoid, stop and suppress acts of intentional destruction of cultural heritage, wherever such heritage is located. 2. States should adopt the appropriate legislative, administrative, educational and technical measures, within the framework of their economic resources, to protect cultural heritage, and should revise them periodically with a view to adapting them to the evolution of national and international cultural heritage protection standards. 3. States should endeavour, by all appropriate means, to ensure respect for cultural heritage in society, particularly through educational, awareness-raising and information programmes. 4. States should: (a) become parties to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conﬂict and its two 1954 and 1999 Protocols and the Additional Protocols I and II to the four 1949 Geneva Conventions, if they have not yet done so;

Declarations Adopted by the General Conference

(b) (c)

731

promote the elaboration and the adoption of legal instruments providing a higher standard of protection of cultural heritage; and promote a coordinated application of existing and future instruments relevant to the protection of cultural heritage.

IV. Protection of cultural heritage when conducting peacetime activities When conducting peacetime activities, States should take all appropriate measures to conduct them in such a manner as to protect cultural heritage and, in particular, in conformity with the principles and objectives of the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage, of the 1956 Recommendation on International Principles Applicable to Archaeological Excavations, the 1968 Recommendation concerning the Preservation of Cultural Property Endangered by Public or Private Works, the 1972 Recommendation concerning the Protection, at National Level, of the Cultural and Natural Heritage, and the 1976 Recommendation concerning the Safeguarding and Contemporary Role of Historic Areas.

V. Protection of cultural heritage in the event of armed conﬂict, including the case of occupation When involved in an armed conﬂict, be it of an international or non-international character, including the case of occupation, States should take all appropriate measures to conduct their activities in such a manner as to protect cultural heritage, in conformity with customary international law and the principles and objectives of international agreements and UNESCO recommendations concerning the protection of such heritage during hostilities.

VI. State responsibility A State that intentionally destroys or intentionally fails to take appropriate measures to prohibit, prevent, stop, and punish any intentional destruction of cultural heritage of great importance for humanity, whether or not it is inscribed on a list maintained by UNESCO or another international organization, bears the responsibility for such destruction, to the extent provided for by international law.

VII. Individual criminal responsibility States should take all appropriate measures, in accordance with international law, to establish jurisdiction over, and provide eﬀective criminal sanctions against, those

732 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

persons who commit, or order to be committed, acts of intentional destruction of cultural heritage of great importance for humanity, whether or not it is inscribed on a list maintained by UNESCO or another international organization.

VIII. Cooperation for the protection of cultural heritage 1. States should cooperate with each other and with UNESCO to protect cultural heritage from intentional destruction. Such cooperation should entail at least: (i) provision and exchange of information regarding circumstances entailing the risk of intentional destruction of cultural heritage; (ii) consultation in the event of actual or impending destruction of cultural heritage; (iii) consideration of assistance to States, as requested by them, in the promotion of educational programmes, awareness-raising and capacity-building for the prevention and repression of any intentional destruction of cultural heritage; (iv) judicial and administrative assistance, as requested by interested States, in the repression of any intentional destruction of cultural heritage. 2. For the purposes of more comprehensive protection, each State is encouraged to take all appropriate measures, in accordance with international law, to cooperate with other States concerned, with a view to establishing jurisdiction over, and providing eﬀective criminal sanctions against, those persons who have committed or have ordered to be committed acts referred to above (VII. Individual criminal responsibility) and who are found present on its territory, regardless of their nationality and the place where such act occurred.

IX. Human rights and international humanitarian law In applying this Declaration, States recognize the need to respect international rules related to the criminalization of gross violations of human rights and international humanitarian law, in particular, when intentional destruction of cultural heritage is linked to those violations.

X. Public awareness States should take all appropriate measures to ensure the widest possible dissemination of this Declaration to the general public and to target groups, inter alia, by organizing public awareness-raising campaigns.

Declarations Adopted by the General Conference

733

Universal Declaration on Bioethics and Human Rights adopted by the General Conference of UNESCO at its 33rd session, Paris, 19 October 2005 The General Conference, Conscious of the unique capacity of human beings to reﬂect upon their own existence and on their environment, to perceive injustice, to avoid danger, to assume responsibility, to seek cooperation and to exhibit the moral sense that gives expression to ethical principles, Reﬂecting on the rapid developments in science and technology, which increasingly aﬀect our understanding of life and life itself, resulting in a strong demand for a global response to the ethical implications of such developments, Recognizing that ethical issues raised by the rapid advances in science and their technological applications should be examined with due respect to the dignity of the human person and universal respect for, and observance of, human rights and fundamental freedoms, Resolving that it is necessary and timely for the international community to state universal principles that will provide a foundation for humanity’s response to the ever-increasing dilemmas and controversies that science and technology present for humankind and for the environment, Recalling the Universal Declaration of Human Rights of 10 December 1948, the Universal Declaration on the Human Genome and Human Rights adopted by the General Conference of UNESCO on 11 November 1997, and the International Declaration on Human Genetic Data adopted by the General Conference of UNESCO on 16 October 2003, Noting the United Nations International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights of 16 December 1966, the United Nations International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965, the United Nations Convention on the Elimination of All Forms of Discrimination against Women of 18 December 1979, the United Nations Convention on the Rights of the Child of 20 November 1989, the United Nations Convention on Biological Diversity of 5 June 1992, the Standard Rules on the Equalization of Opportunities for Persons with Disabilities adopted by the General Assembly of the United Nations in 1993, the UNESCO Recommendation on the Status of Scientiﬁc Researchers of 20 November 1974, the UNESCO Declaration on Race and Racial Prejudice of 27 November 1978, the UNESCO Declaration on the Responsibilities of the Present Generations towards Future Generations of 12 November 1997, the UNESCO Universal Declaration on Cultural Diversity of 2 November 2001, the ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries of 27 June 1989, the International Treaty on Plant Genetic Resources for Food and Agriculture which was adopted by the FAO Conference on 3 November

734 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

2001 and entered into force on 29 June 2004, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Annexed to the Marrakech Agreement establishing the World Trade Organization, which entered into force on 1 January 1995, the Doha Declaration on the TRIPS Agreement and Public Health of 14 November 2001, and other relevant international instruments adopted by the United Nations and the specialized agencies of the United Nations system, in particular the Food and Agriculture Organization of the United Nations (FAO) and the World Health Organization (WHO), Also noting international and regional instruments in the ﬁeld of bioethics, including the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine, of the Council of Europe, which was adopted in 1997 and entered into force in 1999, together with its Additional Protocols, as well as national legislation and regulations in the ﬁeld of bioethics and the international and regional codes of conduct and guidelines and other texts in the ﬁeld of bioethics, such as the Declaration of Helsinki of the World Medical Association on Ethical Principles for Medical Research Involving Human Subjects, adopted in 1964 and amended in 1975, 1983, 1989, 1996 and 2000 and the International Ethical Guidelines for Biomedical Research Involving Human Subjects of the Council for International Organizations of Medical Sciences, adopted in 1982 and amended in 1993 and 2002, Recognizing that this Declaration is to be understood in a manner consistent with domestic and international law in conformity with human rights law, Recalling the Constitution of UNESCO adopted on 16 November 1945, Considering UNESCO’s role in identifying universal principles based on shared ethical values to guide scientiﬁc and technological development and social transformation in order to identify emerging challenges in science and technology taking into account the responsibility of the present generations towards future generations, and that questions of bioethics, which necessarily have an international dimension, should be treated as a whole, drawing on the principles already stated in the Universal Declaration on the Human Genome and Human Rights and the International Declaration on Human Genetic Data and taking account not only of the current scientiﬁc context but also of future developments, Aware that human beings are an integral part of the biosphere, with an important role in protecting one another and other forms of life, in particular animals, Recognizing that, based on the freedom of science and research, scientiﬁc and technological developments have been, and can be, of great beneﬁt to humankind in increasing, inter alia, life expectancy and improving the quality of life, and emphasizing that such developments should always seek to promote the welfare of individuals, families, groups or communities and humankind as a whole in the recognition of the dignity of the human person and universal respect for, and observance of, human rights and fundamental freedoms,

Declarations Adopted by the General Conference

735

Recognizing that health does not depend solely on scientiﬁc and technological research developments but also on psychosocial and cultural factors, Also recognizing that decisions regarding ethical issues in medicine, life sciences and associated technologies may have an impact on individuals, families, groups or communities and humankind as a whole, Bearing in mind that cultural diversity, as a source of exchange, innovation and creativity, is necessary to humankind and, in this sense, is the common heritage of humanity, but emphasizing that it may not be invoked at the expense of human rights and fundamental freedoms, Also bearing in mind that a person’s identity includes biological, psychological, social, cultural and spiritual dimensions, Recognizing that unethical scientiﬁc and technological conduct has had a particular impact on indigenous and local communities, Convinced that moral sensitivity and ethical reﬂection should be an integral part of the process of scientiﬁc and technological developments, and that bioethics should play a predominant role in the choices that need to be made concerning issues arising from such developments, Considering the desirability of developing new approaches to social responsibility to ensure that progress in science and technology contributes to justice, equity and to the interest of humanity, Recognizing that an important way to evaluate social realities and achieve equity is to pay attention to the position of women, Stressing the need to reinforce international cooperation in the ﬁeld of bioethics, taking into account, in particular, the special needs of developing countries, indigenous communities and vulnerable populations, Considering that all human beings, without distinction, should beneﬁt from the same high ethical standards in medicine and life science research, Proclaims the principles that follow and adopts the present Declaration.

General provisions Article . Scope 1. This Declaration addresses ethical issues related to medicine, life sciences and associated technologies as applied to human beings, taking into account their social, legal and environmental dimensions. 2. This Declaration is addressed to States. As appropriate and relevant, it also provides guidance to decisions or practices of individuals, groups, communities, institutions and corporations, public and private.

736 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . Aims The aims of this Declaration are: (a) to provide a universal framework of principles and procedures to guide States in the formulation of their legislation, policies or other instruments in the ﬁeld of bioethics; (b) to guide the actions of individuals, groups, communities, institutions and corporations, public and private; (c) to promote respect for human dignity and protect human rights, by ensuring respect for the life of human beings, and fundamental freedoms, consistent with international human rights law; (d) to recognize the importance of freedom of scientiﬁc research and the beneﬁts derived from scientiﬁc and technological developments, while stressing the need for such research and developments to occur within the framework of ethical principles set out in this Declaration and to respect human dignity, human rights and fundamental freedoms; (e) to foster multidisciplinary and pluralistic dialogue about bioethical issues between all stakeholders and within society as a whole; (f) to promote equitable access to medical, scientific and technological developments, as well as the greatest possible ﬂow and the rapid sharing of knowledge concerning those developments, and the sharing of beneﬁts, with particular attention to the needs of developing countries; (g) to safeguard and promote the interests of the present and future generations; (h) to underline the importance of biodiversity and its conservation as a common concern of humankind.

Principles Within the scope of this Declaration, in decisions or practices taken or carried out by those to whom it is addressed, the following principles are to be respected.

Article . Human dignity and human rights 1. Human dignity, human rights and fundamental freedoms are to be fully respected. 2. The interests and welfare of the individual should have priority over the sole interest of science or society.

Article . Beneﬁt and harm In applying and advancing scientiﬁc knowledge, medical practice and associated technologies, direct and indirect beneﬁts to patients, research participants and other aﬀected individuals should be maximized and any possible harm to such individuals should be minimized.

Declarations Adopted by the General Conference

737

Article . Autonomy and individual responsibility The autonomy of persons to make decisions, while taking responsibility for those decisions and respecting the autonomy of others, is to be respected. For persons who are not capable of exercising autonomy, special measures are to be taken to protect their rights and interests.

Article . Consent 1. Any preventive, diagnostic and therapeutic medical intervention is only to be carried out with the prior, free and informed consent of the person concerned, based on adequate information. The consent should, where appropriate, be express and may be withdrawn by the person concerned at any time and for any reason without disadvantage or prejudice. 2. Scientiﬁc research should only be carried out with the prior, free, express and informed consent of the person concerned. The information should be adequate, provided in a comprehensible form and should include modalities for withdrawal of consent. Consent may be withdrawn by the person concerned at any time and for any reason without any disadvantage or prejudice. Exceptions to this principle should be made only in accordance with ethical and legal standards adopted by States, consistent with the principles and provisions set out in this Declaration, in particular in Article 27, and international human rights law. 3. In appropriate cases of research carried out on a group of persons or a community, additional agreement of the legal representatives of the group or community concerned may be sought. In no case should a collective community agreement or the consent of a community leader or other authority substitute for an individual’s informed consent.

Article . Persons without the capacity to consent In accordance with domestic law, special protection is to be given to persons who do not have the capacity to consent: (a) Authorization for research and medical practice should be obtained in accordance with the best interest of the person concerned and in accordance with domestic law. However, the person concerned should be involved to the greatest extent possible in the decision-making process of consent, as well as that of withdrawing consent. (b) Research should only be carried out for his or her direct health beneﬁt, subject to the authorization and the protective conditions prescribed by law, and if there is no research alternative of comparable eﬀectiveness with research participants able to consent. Research which does not have potential direct health beneﬁt should only be undertaken by way of exception, with the utmost restraint, exposing the person only to a minimal risk and minimal burden and, if the research is expected to contribute to the health beneﬁt of other persons in the same category, subject to the conditions prescribed by law and compatible with the protection of the individual’s human rights. Refusal of such persons to take part in research should be respected.

738 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article . Respect for human vulnerability and personal integrity In applying and advancing scientific knowledge, medical practice and associated technologies, human vulnerability should be taken into account. Individuals and groups of special vulnerability should be protected, and the personal integrity of such individuals respected.

Article . Privacy and conﬁdentiality The privacy of the persons concerned and the conﬁdentiality of their personal information should be respected. To the greatest extent possible, such information should not be used or disclosed for purposes other than those for which it was collected or consented to, consistent with international law, in particular international human rights law.

Article . Equality, justice and equity The fundamental equality of all human beings in dignity and rights is to be respected so that they are treated justly and equitably.

Article . Non-discrimination and non-stigmatization No individual or group should be discriminated against or stigmatized on any grounds, in violation of human dignity, human rights and fundamental freedoms.

Article . Respect for cultural diversity and pluralism The importance of cultural diversity and pluralism should be given due regard. However, such considerations are not to be invoked to infringe upon human dignity, human rights and fundamental freedoms, nor upon the principles set out in this Declaration, nor to limit their scope.

Article . Solidarity and cooperation Solidarity among human beings and international cooperation towards that end are to be encouraged.

Article . Social responsibility and health 1. The promotion of health and social development for their people is a central purpose of governments that all sectors of society share. 2. Taking into account that the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition, progress in science and technology should advance: (a) access to quality health care and essential medicines, especially for the health of women and children, because health is essential to life itself and must be considered to be a social and human good;

Declarations Adopted by the General Conference

(b) (c) (d) (e)

739

access to adequate nutrition and water; improvement of living conditions and the environment; elimination of the marginalization and the exclusion of persons on the basis of any grounds; reduction of poverty and illiteracy.

Article . Sharing of beneﬁts 1. Beneﬁts resulting from any scientiﬁc research and its applications should be shared with society as a whole and within the international community, in particular with developing countries. In giving eﬀect to this principle, beneﬁts may take any of the following forms: (a) special and sustainable assistance to, and acknowledgement of, the persons and groups that have taken part in the research; (b) access to quality health care; (c) provision of new diagnostic and therapeutic modalities or products stemming from research; (d) support for health services; (e) access to scientiﬁc and technological knowledge; (f) capacity-building facilities for research purposes; (g) other forms of beneﬁt consistent with the principles set out in this Declaration. 2. Beneﬁts should not constitute improper inducements to participate in research.

Article . Protecting future generations The impact of life sciences on future generations, including on their genetic constitution, should be given due regard.

Article . Protection of the environment, the biosphere and biodiversity Due regard is to be given to the interconnection between human beings and other forms of life, to the importance of appropriate access and utilization of biological and genetic resources, to respect for traditional knowledge and to the role of human beings in the protection of the environment, the biosphere and biodiversity.

Application of the principles Article . Decision-making, and addressing bioethical issues 1. Professionalism, honesty, integrity and transparency in decision-making should be promoted, in particular declarations of all conﬂicts of interest and appropriate sharing of knowledge. Every endeavour should be made to use the best available scientiﬁc knowledge and methodology in addressing and periodically reviewing bioethical issues.

740

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

2. Persons and professionals concerned and society as a whole should be engaged in dialogue on a regular basis. 3. Opportunities for informed pluralistic public debate, seeking the expression of all relevant opinions, should be promoted.

Article . Ethics committees Independent, multidisciplinary and pluralist ethics committees should be established, promoted and supported at the appropriate level, in order to: (a) assess the relevant ethical, legal, scientiﬁc and social issues related to research projects involving human beings; (b) provide advice on ethical problems in clinical settings; (c) assess scientiﬁc and technological developments, formulate recommendations and contribute to the preparation of guidelines on issues within the scope of this Declaration; (d) foster debate, education and public awareness of, and engagement in, bioethics.

Article . Risk assessment and management Appropriate assessment and adequate management of risk related to medicine, life sciences and associated technologies should be promoted.

Article . Transnational practices 1. States, public and private institutions, and professionals associated with transnational activities should endeavour to ensure that any activity within the scope of this Declaration, undertaken, funded or otherwise pursued in whole or in part in diﬀerent States, is consistent with the principles set out in this Declaration. 2. When research is undertaken or otherwise pursued in one or more States (the host State[s]) and funded by a source in another State, such research should be the object of an appropriate level of ethical review in the host State(s) and the State in which the funder is located. This review should be based on ethical and legal standards that are consistent with the principles set out in this Declaration. 3. Transnational health research should be responsive to the needs of host countries, and the importance of research contributing to the alleviation of urgent global health problems should be recognized. 4. When negotiating a research agreement, terms for collaboration and agreement on the beneﬁts of research should be established with equal participation by those party to the negotiation. 5. States should take appropriate measures, both at the national and international levels, to combat bioterrorism and illicit traﬃc in organs, tissues, samples, genetic resources and genetic-related materials.

Declarations Adopted by the General Conference

741

Promotion of the Declaration Article . Role of States 1. States should take all appropriate measures, whether of a legislative, administrative or other character, to give eﬀect to the principles set out in this Declaration in accordance with international human rights law. Such measures should be supported by action in the spheres of education, training and public information. 2. States should encourage the establishment of independent, multidisciplinary and pluralist ethics committees, as set out in Article 19.

Article . Bioethics education, training and information 1. In order to promote the principles set out in this Declaration and to achieve a better understanding of the ethical implications of scientiﬁc and technological developments, in particular for young people, States should endeavour to foster bioethics education and training at all levels as well as to encourage information and knowledge dissemination programmes about bioethics. 2. States should encourage the participation of international and regional intergovernmental organizations and international, regional and national non-governmental organizations in this endeavour.

Article . International cooperation 1. States should foster international dissemination of scientiﬁc information and encourage the free ﬂow and sharing of scientiﬁc and technological knowledge. 2. Within the framework of international cooperation, States should promote cultural and scientiﬁc cooperation and enter into bilateral and multilateral agreements enabling developing countries to build up their capacity to participate in generating and sharing scientiﬁc knowledge, the related know-how and the beneﬁts thereof. 3. States should respect and promote solidarity between and among States, as well as individuals, families, groups and communities, with special regard for those rendered vulnerable by disease or disability, or other personal, societal or environmental conditions, and those with the most limited resources.

Article . Follow-up action by UNESCO 1. UNESCO shall promote and disseminate the principles set out in this Declaration. In doing so, UNESCO should seek the help and assistance of the Intergovernmental Bioethics Committee (IGBC) and the International Bioethics Committee (IBC). 2. UNESCO shall reaﬃrm its commitment to dealing with bioethics and to promoting collaboration between IGBC and IBC.

742

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Final provisions Article . Interrelation and complementarity of the principles This Declaration is to be understood as a whole, and the principles are to be understood as complementary and interrelated. Each principle is to be considered in the context of the other principles, as appropriate and relevant in the circumstances.

Article . Limitations on the application of the principles If the application of the principles of this Declaration is to be limited, it should be by law, including laws in the interests of public safety, for the investigation, detection and prosecution of criminal oﬀences, for the protection of public health or for the protection of the rights and freedoms of others. Any such law needs to be consistent with international human rights law.

Article . Denial of acts contrary to human rights, fundamental freedoms and human dignity Nothing in this Declaration may be interpreted as implying for any State, group or person any claim to engage in any activity or to perform any act contrary to human rights, fundamental freedoms and human dignity.

ANNEXES

744 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Constitution of the United Nations Educational, Scientiﬁc and Cultural Organization adopted in London on 16 November 1945, and amended by the General Conference at its 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 12th, 15th, 17th, 19th, 20th, 21st, 24th, 25th, 26th, 27th, 28th, 29th and 31st sessions The governments of the States Parties to this Constitution on behalf of their peoples declare: That since wars begin in the minds of men, it is in the minds of men that the defences of peace must be constructed; That ignorance of each other’s ways and lives has been a common cause, throughout the history of mankind, of that suspicion and mistrust between the peoples of the world through which their diﬀerences have all too often broken into war; That the great and terrible war which has now ended was a war made possible by the denial of the democratic principles of the dignity, equality and mutual respect of men, and by the propagation, in their place, through ignorance and prejudice, of the doctrine of the inequality of men and races; That the wide diﬀusion of culture, and the education of humanity for justice and liberty and peace are indispensable to the dignity of man and constitute a sacred duty which all the nations must fulfil in a spirit of mutual assistance and concern; That a peace based exclusively upon the political and economic arrangements of governments would not be a peace which could secure the unanimous, lasting and sincere support of the peoples of the world, and that the peace must therefore be founded, if it is not to fail, upon the intellectual and moral solidarity of mankind. For these reasons, the States Parties to this Constitution, believing in full and equal opportunities for education for all, in the unrestricted pursuit of objective truth, and in the free exchange of ideas and knowledge, are agreed and determined to develop and to increase the means of communication between their peoples and to employ these means for the purposes of mutual understanding and a truer and more perfect knowledge of each other’s lives; In consequence whereof, they do hereby create the United Nations Educational, Scientiﬁc and Cultural Organization for the purpose of advancing, through the educational and scientiﬁc and cultural relations of the peoples of the world, the objectives of international peace and of the common welfare of mankind for which the United Nations Organization was established and which its Charter proclaims.

Annexes 745

Article I. Purposes and functions 1. The purpose of the Organization is to contribute to peace and security by promoting collaboration among the nations through education, science and culture in order to further universal respect for justice, for the rule of law and for the human rights and fundamental freedoms which are aﬃrmed for the peoples of the world, without distinction of race, sex, language or religion, by the Charter of the United Nations. 2. To realize this purpose the Organization will: (a) Collaborate in the work of advancing the mutual knowledge and understanding of peoples, through all means of mass communication, and to that end recommend such international agreements as may be necessary to promote the free ﬂow of ideas by word and image; (b) Give fresh impulse to popular education and to the spread of culture: • by collaborating with Members, at their request, in the development of educational activities; • by instituting collaboration among the nations to advance the ideal of equality of educational opportunity without regard to race, sex or any distinctions, economic or social; • by suggesting educational methods best suited to prepare the children of the world for the responsibilities of freedom; (c) Maintain, increase and diﬀuse knowledge: • by assuring the conservation and protection of the world’s inheritance of books, works of art and monuments of history and science, and recommending to the nations concerned the necessary international conventions; • by encouraging cooperation among the nations in all branches of intellectual activity, including the international exchange of persons active in the ﬁelds of education, science and culture, and the exchange of publications, objects of artistic and scientiﬁc interest and other materials of information; • by initiating methods of international cooperation calculated to give the people of all countries access to the printed and published materials produced by any of them. 3. With a view to preserving the independence, integrity and fruitful diversity of the cultures and educational systems of the States Members of the Organization, the Organization is prohibited from intervening in matters which are essentially within their domestic jurisdiction.

Article II. Membership 1. Membership of the United Nations Organization shall carry with it the right to membership of the United Nations Educational, Scientiﬁc and Cultural Organization. 2. Subject to the conditions of the Agreement between this Organization and the United Nations Organization, approved pursuant to Article X of this Constitution, States not members of the United Nations Organization may be admitted to membership of the

746 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Organization, upon recommendation of the Executive Board, by a two-thirds majority vote of the General Conference. 3. Territories or groups of territories which are not responsible for the conduct of their international relations may be admitted as Associate Members by the General Conference by a two-thirds majority of Members present and voting, upon application made on behalf of such territory or group of territories by the Member or other authority having responsibility for their international relations. The nature and extent of the rights and obligations of Associate Members shall be determined by the General Conference. 4. Members of the Organization which are suspended from the exercise of the rights and privileges of membership of the United Nations Organization shall, upon the request of the latter, be suspended from the rights and privileges of this Organization. 5. Members of the Organization which are expelled from the United Nations Organization shall automatically cease to be Members of this Organization. 6. Any Member State or Associate Member of the Organization may withdraw from the Organization by notice addressed to the Director-General. Such notice shall take eﬀect on 31 December of the year following that during which the notice was given. No such withdrawal shall aﬀect the ﬁnancial obligations owed to the Organization on the date the withdrawal takes eﬀect. Notice of withdrawal by an Associate Member shall be given on its behalf by the Member State or other authority having responsibility for its international relations. 7. Each Member State is entitled to appoint a Permanent Delegate to the Organization. 8. The Permanent Delegate of the Member State shall present his credentials to the Director-General of the Organization, and shall oﬃcially assume his duties from the day of presentation of his credentials.

Article III. Organs The Organization shall include a General Conference, an Executive Board and a Secretariat.

Article IV. The General Conference A. Composition 1. The General Conference shall consist of the representatives of the States Members of the Organization. The government of each Member State shall appoint not more than ﬁve delegates, who shall be selected after consultation with the National Commission, if established, or with educational, scientiﬁc and cultural bodies.

B. Functions 2. The General Conference shall determine the policies and the main lines of work of the Organization. It shall take decisions on programmes submitted to it by the Executive Board.

Annexes 747

3. The General Conference shall, when it deems desirable and in accordance with the regulations to be made by it, summon international conferences of States on education, the sciences and humanities, or the dissemination of knowledge; non-governmental conferences on the same subjects may be summoned by the General Conference or by the Executive Board in accordance with such regulations. 4. The General Conference shall, in adopting proposals for submission to the Member States, distinguish between recommendations and international conventions submitted for their approval. In the former case a majority vote shall suﬃce; in the latter case a two-thirds majority shall be required. Each of the Member States shall submit recommendations or conventions to its competent authorities within a period of one year from the close of the session of the General Conference at which they were adopted. 5. Subject to the provisions of Article V, paragraph 6(c), the General Conference shall advise the United Nations Organization on the educational, scientiﬁc and cultural aspects of matters of concern to the latter, in accordance with the terms and procedure agreed upon between the appropriate authorities of the two Organizations. 6. The General Conference shall receive and consider the reports sent to the Organization by Member States on the action taken upon the recommendations and conventions referred to in paragraph 4 above or, if it so decides, analytical summaries of these reports. 7. The General Conference shall elect the members of the Executive Board and, on the recommendation of the Board, shall appoint the Director-General.

C. Voting 8. (a)

(b)

(c)

Each Member State shall have one vote in the General Conference. Decisions shall be made by a simple majority except in cases in which a two-thirds majority is required by the provisions of this Constitution, or the Rules of Procedure of the General Conference. A majority shall be a majority of the Members present and voting. A Member State shall have no vote in the General Conference if the total amount of contributions due from it exceeds the total amount of contributions payable by it for the current year and the immediately preceding calendar year. The General Conference may nevertheless permit such a Member State to vote, if it is satisﬁed that failure to pay is due to conditions beyond the control of the Member State.

D. Procedure 9. (a)

(b)

The General Conference shall meet in ordinary session every two years. It may meet in extraordinary session if it decides to do so itself or if summoned by the Executive Board, or on the demand of at least one-third of the Member States. At each session the location of its next ordinary session shall be designated by the General Conference. The location of an extraordinary session shall be decided by the General Conference if the session is summoned by it, or otherwise by the Executive Board.

748 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

10. The General Conference shall adopt its own Rules of Procedure. It shall at each session elect a President and other oﬃcers. 11. The General Conference shall set up special and technical committees and such other subsidiary organs as may be necessary for its purposes. 12. The General Conference shall cause arrangements to be made for public access to meetings, subject to such regulations as it shall prescribe.

E. Observers 13. The General Conference, on the recommendation of the Executive Board and by a two-thirds majority, may, subject to its Rules of Procedure, invite as observers at speciﬁed sessions of the Conference or of its commissions representatives of international organizations, such as those referred to in Article XI, paragraph 4. 14. When consultative arrangements have been approved by the Executive Board for such international non-governmental or semi-governmental organizations in the manner provided in Article XI, paragraph 4, those organizations shall be invited to send observers to sessions of the General Conference and its commissions.

Article V. Executive Board A. Composition 1. (a)

(b) 2. (a) (b)

The Executive Board shall be elected by the General Conference, and it shall consist of ﬁfty-eight Member States. The President of the General Conference shall sit ex oﬃcio in an advisory capacity on the Executive Board. Elected States Members of the Executive Board are hereinafter referred to as ‘Members’ of the Executive Board. Each Member of the Executive Board shall appoint one representative. It may also appoint alternates. In selecting its representative on the Executive Board, the Member of the Executive Board shall endeavour to appoint a person qualiﬁed in one or more of the ﬁelds of competence of UNESCO and with the necessary experience and capacity to fulﬁl the administrative and executive duties of the Board. Bearing in mind the importance of continuity, each representative shall be appointed for the duration of the term of the Member of the Executive Board, unless exceptional circumstances warrant his replacement. The alternates appointed by each Member of the Executive Board shall act in the absence of its representative in all his functions.

3. In electing Members to the Executive Board, the General Conference shall have regard to the diversity of cultures and a balanced geographical distribution. 4. (a)

Members of the Executive Board shall serve from the close of the session of the General Conference which elected them until the close of the second ordinary session of the General Conference following their election. The General

Annexes 749

(b)

Conference shall, at each of its ordinary sessions, elect the number of Members of the Executive Board required to ﬁll vacancies occurring at the end of the session. Members of the Executive Board are eligible for re-election. Re-elected Members of the Executive Board shall endeavour to change their representatives on the Board.

5. In the event of the withdrawal from the Organization of a Member of the Executive Board, its term of oﬃce shall be terminated on the date when the withdrawal becomes eﬀective.

B. Functions 6. (a)

(b)

(c)

The Executive Board shall prepare the agenda for the General Conference. It shall examine the programme of work for the Organization and corresponding budget estimates submitted to it by the Director-General in accordance with paragraph 3 of Article VI and shall submit them with such recommendations as it considers desirable to the General Conference. The Executive Board, acting under the authority of the General Conference, shall be responsible for the execution of the programme adopted by the Conference. In accordance with the decisions of the General Conference and having regard to circumstances arising between two ordinary sessions, the Executive Board shall take all necessary measures to ensure the eﬀective and rational execution of the programme by the Director-General. Between ordinary sessions of the General Conference, the Board may discharge the functions of adviser to the United Nations, set forth in Article IV, paragraph 5, whenever the problem upon which advice is sought has already been dealt with in principle by the Conference, or when the solution is implicit in decisions of the Conference.

7. The Executive Board shall recommend to the General Conference the admission of new Members to the Organization. 8. Subject to decisions of the General Conference, the Executive Board shall adopt its own Rules of Procedure. It shall elect its oﬃcers from among its Members. 9. The Executive Board shall meet in regular session at least four times during a biennium and may meet in special session if convoked by the Chairman on his initiative or upon the request of six Members of the Executive Board. 10. The Chairman of the Executive Board shall present, on behalf of the Board, to the General Conference at each ordinary session, with or without comments, the reports on the activities of the Organization which the Director-General is required to prepare in accordance with the provisions of Article VI.3(b). 11. The Executive Board shall make all necessary arrangements to consult the representatives of international organizations or qualiﬁed persons concerned with questions within its competence.

750 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

12. Between sessions of the General Conference, the Executive Board may request advisory opinions from the International Court of Justice on legal questions arising within the ﬁeld of the Organization’s activities. 13. The Executive Board shall also exercise the powers delegated to it by the General Conference on behalf of the Conference as a whole.

Article VI. Secretariat 1. The Secretariat shall consist of a Director-General and such staﬀ as may be required. 2. The Director-General shall be nominated by the Executive Board and appointed by the General Conference for a period of four years, under such conditions as the Conference may approve. The Director-General may be appointed for a further term of four years but shall not be eligible for reappointment for a subsequent term. The Director-General shall be the chief administrative oﬃcer of the Organization. 3. (a)

(b)

The Director-General, or a deputy designated by him, shall participate, without the right to vote, in all meetings of the General Conference, of the Executive Board, and of the Committees of the Organization. He shall formulate proposals for appropriate action by the Conference and the Board, and shall prepare for submission to the Board a draft programme of work for the Organization with corresponding budget estimates. The Director-General shall prepare and communicate to Member States and to the Executive Board periodical reports on the activities of the Organization. The General Conference shall determine the periods to be covered by these reports.

4. The Director-General shall appoint the staﬀ of the Secretariat in accordance with staﬀ regulations to be approved by the General Conference. Subject to the paramount consideration of securing the highest standards of integrity, eﬃciency and technical competence, appointment to the staﬀ shall be on as wide a geographical basis as possible. 5. The responsibilities of the Director-General and of the staﬀ shall be exclusively international in character. In the discharge of their duties they shall not seek or receive instructions from any government or from any authority external to the Organization. They shall refrain from any action which might prejudice their positions as international oﬃcials. Each State Member of the Organization undertakes to respect the international character of the responsibilities of the Director-General and the staﬀ, and not to seek to inﬂuence them in the discharge of their duties. 6. Nothing in this Article shall preclude the Organization from entering into special arrangements within the United Nations Organization for common services and staﬀ and for the interchange of personnel.

Article VII. National cooperating bodies 1. Each Member State shall make such arrangements as suit its particular conditions for the purpose of associating its principal bodies interested in educational, scientiﬁc

Annexes 751

and cultural matters with the work of the Organization, preferably by the formation of a National Commission broadly representative of the government and such bodies. 2. National Commissions or National Cooperating Bodies, where they exist, shall act in an advisory capacity to their respective delegations to the General Conference, to the representatives and alternates of their countries on the Executive Board and to their governments in matters relating to the Organization and shall function as agencies of liaison in all matters of interest to it. 3. The Organization may, on the request of a Member State, delegate, either temporarily or permanently, a member of its Secretariat to serve on the National Commission of that State, in order to assist in the development of its work.

Article VIII. Reports by Member States Each Member State shall submit to the Organization, at such times and in such manner as shall be determined by the General Conference, reports on the laws, regulations and statistics relating to its educational, scientiﬁc and cultural institutions and activities, and on the action taken upon the recommendations and conventions referred to in Article IV, paragraph 4.

Article IX. Budget 1.The budget shall be administered by the Organization. 2. The General Conference shall approve and give ﬁnal eﬀect to the budget and to the apportionment of financial responsibility among the States Members of the Organization subject to such arrangement with the United Nations as may be provided in the agreement to be entered into pursuant to Article X. 3. The Director-General may accept voluntary contributions, gifts, bequests and subventions directly from governments, public and private institutions, associations and private persons, subject to the conditions speciﬁed in the Financial Regulations.

Article X. Relations with the United Nations Organization This Organization shall be brought into relation with the United Nations Organization, as soon as practicable, as one of the specialized agencies referred to in Article 57 of the Charter of the United Nations. This relationship shall be eﬀected through an agreement with the United Nations Organization under Article 63 of the Charter, which agreement shall be subject to the approval of the General Conference of this Organization. The agreement shall provide for eﬀective cooperation between the two Organizations in the pursuit of their common purposes, and at the same time shall recognize the autonomy of this Organization, within the ﬁelds of its competence as deﬁned in this Constitution. Such agreement may, among other matters, provide for the approval and ﬁnancing of the budget of the Organization by the General Assembly of the United Nations.

752 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article XI. Relations with other specialized international organizations and agencies 1. This Organization may cooperate with other specialized intergovernmental organizations and agencies whose interests and activities are related to its purposes. To this end the Director-General, acting under the general authority of the Executive Board, may establish eﬀective working relationships with such organizations and agencies and establish such joint committees as may be necessary to assure eﬀective cooperation. Any formal arrangements entered into with such organizations or agencies shall be subject to the approval of the Executive Board. 2. Whenever the General Conference of this Organization and the competent authorities of any other specialized intergovernmental organizations or agencies whose purpose and functions lie within the competence of this Organization deem it desirable to eﬀect a transfer of their resources and activities to this Organization, the DirectorGeneral, subject to the approval of the Conference, may enter into mutually acceptable arrangements for this purpose. 3. This Organization may make appropriate arrangements with other intergovernmental organizations for reciprocal representation at meetings. 4. The United Nations Educational, Scientiﬁc and Cultural Organization may make suitable arrangements for consultation and cooperation with non-governmental international organizations concerned with matters within its competence, and may invite them to undertake speciﬁc tasks. Such cooperation may also include appropriate participation by representatives of such organizations on advisory committees set up by the General Conference.

Article XII. Legal status of the Organization The provisions of Articles 104 and 105 of the Charter of the United Nations Organization concerning the legal status of that Organization, its privileges and immunities, shall apply in the same way to this Organization.

Article XIII. Amendments 1. Proposals for amendments to this Constitution shall become eﬀective upon receiving the approval of the General Conference by a two-thirds majority, provided, however, that those amendments which involve fundamental alterations in the aims of the Organization or new obligations for the Member States shall require subsequent acceptance on the part of two-thirds of the Member States before they come into force. The draft texts of proposed amendments shall be communicated by the DirectorGeneral to the Member States at least six months in advance of their consideration by the General Conference. 2. The General Conference shall have power to adopt by a two-thirds majority Rules of Procedure for carrying out the provisions of this Article.

Annexes 753

Article XIV. Interpretation 1. The English and French texts of this Constitution shall be regarded as equally authoritative. 2. Any question or dispute concerning the interpretation of this Constitution shall be referred for determination to the International Court of Justice or to an arbitral tribunal, as the General Conference may determine under its Rules of Procedure.

Article XV. Entry into force 1. This Constitution shall be subject to acceptance. The instrument of acceptance shall be deposited with the Government of the United Kingdom. 2. This Constitution shall remain open for signature in the archives of the Government of the United Kingdom. Signature may take place either before or after the deposit of the instrument of acceptance. No acceptance shall be valid unless preceded or followed by signature. However, a State that has withdrawn from the Organization shall simply deposit a new instrument of acceptance in order to resume membership. 3. This Constitution shall come into force when it has been accepted by twenty of its signatories. Subsequent acceptances shall take eﬀect immediately. 4. The Government of the United Kingdom will inform all Members of the United Nations and the Director-General of the receipt of all instruments of acceptance and of the date on which the Constitution comes into force in accordance with the preceding paragraph. IN FAITH WHEREOF, the undersigned, duly authorized to that eﬀect, have signed this Constitution in the English and French languages, both texts being equally authentic. Done in London the sixteenth day of November, one thousand nine hundred and fortyﬁve, in a single copy, in the English and French languages, of which certiﬁed copies will be communicated by the Government of the United Kingdom to the Governments of all the Members of the United Nations.

754 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Rules of Procedure concerning recommendations to Member States and international conventions covered by the terms of Article IV, paragraph 4, of the Constitution adopted by the General Conference at its 5th session and amended at its 7th, 25th and 32nd sessions I. Scope of the present Rules of Procedure Article  These Rules of Procedure cover the preparation and the examination and adoption by the General Conference of: (a) international conventions for ratiﬁcation by Member States; and (b) recommendations in which the General Conference formulates principles and norms for the international regulation of any particular question and invites Member States to take whatever legislative or other steps may be required – in conformity with the constitutional practice of each State and the nature of the question under consideration – to apply the principles and norms aforesaid within their respective territories.

II. Inclusion in the agenda of the General Conference of proposals for the regulation of any question on an international basis Article  The General Conference shall make no decision on the desirability or on the substance of any proposal for the regulation of a particular question on an international basis by the adoption of an international convention or of a recommendation, unless the proposal has been speciﬁcally placed on the provisional agenda of the Conference in accordance with the present Rules of Procedure.

Article  No new proposal for the regulation on an international basis of any question by the adoption by the General Conference of an international convention or a recommendation to Member States shall be included in the provisional agenda of the General Conference unless: (a) it is accompanied by a preliminary study of the technical and legal aspects of the problem under consideration; and

Annexes 755

(b)

it has ﬁrst been examined by the Executive Board at least ninety days before the opening of the session of the General Conference.

Article  1. The Executive Board may communicate to the General Conference any comments it may deem necessary on proposals covered by Article 3. 2. The Board may decide to instruct the Secretariat, one or more experts or a committee of experts, to carry out a thorough study of the matters dealt with in the aforementioned proposals, and to prepare a report for communication to the General Conference.

Article  When a proposal covered by the terms of Article 3 has been placed on the provisional agenda of the General Conference, the Director-General shall communicate to Member States, at least seventy days before the opening of the session of the Conference, a copy of the preliminary study accompanying the proposal, together with the Executive Board’s observations and decisions thereon.

III. Procedure for the ﬁrst discussion by the General Conference Article  It shall be for the Conference to decide whether the question dealt with in the proposal should be regulated at the international level and, if so, to determine to what extent the question can be regulated and whether the method adopted should be an international convention or, alternatively, a recommendation to Member States.

Article  1. The General Conference may, however, decide to defer to a future session the decisions mentioned in Article 6. 2. It may, in this case, instruct the Director-General to submit to a future session a report: on the desirability of regulating the question dealt with in the proposal on an international basis; on the method which should be adopted for that purpose; and on the extent to which the question can be regulated. 3. The Director-General’s report shall be communicated to Member States at least one hundred days before the opening of the session of the General Conference.

Article  The General Conference shall take the decisions mentioned in Articles 6 and 7 by a simple majority.

756 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Article  The General Conference shall not vote on the adoption of a draft convention or recommendation before the ordinary session following that at which it has taken the decisions mentioned in Article 6.

IV. Preparation of drafts to be submitted to the General Conference for consideration and adoption Article  1. When the General Conference has taken decisions under the terms of Article 6, it shall instruct the Director-General to prepare a preliminary report setting forth the position with regard to the problem to be regulated and to the possible scope of the regulating action proposed. The preliminary report may be accompanied by the ﬁrst draft of a convention or recommendation, as the case may be. Member States shall be asked to make comments and observations on that report. 2. The Director-General’s preliminary report shall reach Member States at least fourteen months before the opening of the session of the General Conference. Member States shall forward their comments and observations on the preliminary report, to reach the Director-General at least ten months before the opening of the session mentioned in the preceding sentence. 3. On the basis of the comments and observations transmitted, the Director-General shall prepare a final report containing one or more draft texts, which shall be communicated to Member States at least seven months before the opening of the session of the General Conference. 4. The Director-General’s ﬁnal report shall be submitted either direct to the General Conference itself or, if the Conference has so decided, to a special committee to be convened at least four months before the opening of the General Conference and consisting of technical and legal experts appointed by Member States. 5. In the latter case, the special committee shall submit a draft which has its approval to Member States, with a view to its discussion at the General Conference, at least seventy days before the opening of the session of the General Conference.

V. Consideration and adoption of drafts by the General Conference Article  The General Conference shall consider and discuss draft texts submitted to it, and any amendments to them which may be proposed.

Annexes 757

Article  1. A two-thirds majority shall be required for the adoption of a convention. 2. A simple majority shall be suﬃcient for the adoption of a recommendation.

Article  If, on the ﬁnal vote, a draft convention does not secure the two-thirds majority required in the ﬁrst paragraph of Article 12, but only a simple majority, the Conference may decide that the draft be converted into a draft recommendation to be submitted for its approval either before the end of the session or at the following session.

Article  Two copies of any convention or recommendation adopted by the General Conference shall be authenticated by the signatures of the President of the General Conference and of the Director-General.

Article  A certiﬁed copy of any convention or recommendation adopted by the General Conference shall be transmitted, as soon as possible, to Member States, in order that they may submit the convention or recommendation to their competent national authorities, in accordance with Article IV, paragraph 4, of the Constitution.

VI. Procedures for promoting Member States’ acceptance and application of conventions and recommendations adopted by the General Conference Article  1. While transmitting, pursuant to Article 15 of the present Rules, a certiﬁed copy of any convention or recommendation to Member States, the Director-General shall formally remind them of their obligation to submit the convention or recommendation in question to their competent national authorities in accordance with Article IV, paragraph 4, of the Constitution, drawing also their attention to the diﬀerence in the legal nature of conventions and recommendations. 2. The Member States shall make the text of any convention or recommendation known to the bodies, target groups and other entities interested in matters dealt with therein.

Article  1. The Member States shall submit, by the dates speciﬁed by the General Conference, reports on the measures that they have adopted in relation to each convention in force and each recommendation adopted.

758

Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

2. The General Conference may invite the Secretariat to assist the Member States in the implementation of the convention or recommendation concerned and in the preparation and follow-up of such reports.

Article  1. The General Conference shall entrust the examination of the reports on such conventions and recommendations received from Member States to the Executive Board. 2. The Executive Board shall transmit to the General Conference the reports or, if so decided by the General Conference, the analytical summaries thereof, together with its observations or comments and any that the Director-General may make. They shall be examined by the competent subsidiary organs prior to their consideration in plenary meeting. 3. The Director-General shall regularly inform the General Conference and Executive Board with respect to the implementation of the conclusions and decisions adopted by the General Conference concerning reports on conventions and recommendations.

VII. Suspension and amendment Article  If there are special circumstances justifying such a course, the General Conference may decide, by a two-thirds majority, to suspend the application of the provisions of one or more Articles in the present Rules of Procedure in any particular case. The Conference may not, however, suspend the application of Articles 8 and 12.

Article  With the exception of Articles 8 and 12, these Rules may be amended by a decision of the General Conference taken by a two-thirds majority, provided that the proposal for amendment has ﬁrst been placed on the agenda.

Annexes 759

Multi-stage procedure for the elaboration, examination, adoption and follow-up of declarations, charters and similar standard-setting instruments adopted by the General Conference and not covered by the Rules of Procedure concerning recommendations to Member States and international conventions covered by the terms of Article IV, paragraph 4, of the Constitution adopted by the General Conference of UNESCO at its 33rd session, Paris, 11 October 2005 Stage . Resolution by the General Conference as to the desirability of a declaration, charter or similar standard-setting instrument It shall be a matter for the General Conference to decide whether a question should be the subject of a declaration, charter or similar standard-setting instrument on the basis of a report by the Director-General or a recommendation by the Executive Board or a recommendation by a subsidiary organ of the General Conference, whose members are elected by the General Conference.

Stage . Drawing up of the draft declaration, charter or similar standard-setting instrument The General Conference shall request the Director-General to submit to it on a date that it shall determine a draft declaration, charter or similar standard-setting instrument drawn up in consultation with the Member States. The General Conference may also specify the steps to be followed in the preparation of the instrument, including the convening by the Director-General of intergovernmental meetings and committees of experts, in accordance with the ‘Regulations for the general classiﬁcation of the various categories of meetings convened by UNESCO’.

Stage . Examination and adoption of the draft declaration, charter or similar standard-setting instrument by the General Conference The General Conference shall examine and discuss the draft declaration, charter or similar standard-setting instrument submitted to it, together with the recommendations of the Executive Board thereon. The declaration, charter or similar standard-setting instrument shall be adopted by a resolution of the General Conference. Every eﬀort shall be made to adopt the declaration, charter or similar standard-setting instrument by consensus.

760 Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948–2006)

Stage . Follow-up of declarations, charters or similar standard-setting instruments adopted by the General Conference The Director-General shall ensure that the text of the declaration, charter or similar standard-setting instrument adopted by the General Conference is disseminated as widely as possible. If the actual text of the instrument does not provide for a follow-up mechanism, the General Conference may invite the Director-General to submit to it on the dates that it shall determine a report on the measures taken by the Member States to give eﬀect to the principles set forth in the declaration, charter or similar standard-setting instrument.

UNESCO (Vol. 2): Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948-2006) (UNESCO Reference Works)

A History of UNESCO (UNESCO reference books)

Standard-Setting In UNESCO (Vol. 1): Normative Action in Education, Science and Culture (UNESCO Reference Works)

UNESCO at A Glance

UNESCO, Cultural Heritage, and Outstanding Universal Value

Revista Redbioetica UNESCO N°3

Integrated Urban Water Management: Humid Tropics: UNESCO-IHP (Urban Water Series - Unesco-Ihp)

Urban Water Cycle Processes and Interactions: Urban Water Series - UNESCO-IHP (Urban Water-Unesco-Ihp)

Teachers And Educational Quality: Monitoring Global Needs for 2015 (Unesco Reference Works)

Modeling morphodynamic evolution in alluvial estuaries: UNESCO-IHE PhD Thesis

Urban Water Security: Managing Risks: UNESCO-IHP (Urban Water Series)

Gitagovinda of Jayadeva: Love Song of the Dark Lord (UNESCO collection of representative works)

Strategy and Performance of Water Supply and Sanitation Providers: UNESCO-IHE PhD Thesis

Hope and Folly: The United States and UNESCO, 1945-1985 (Media and Society)

Salt Intrusion, Tides and Mixing in Multi-Channel Estuaries: PhD: UNESCO-IHE Institute, Delft

World Heritage Angkor and beyond: Circumstances and implications of UNESCO listing in Cambodia

Data Requirements for Integrated Urban Water Management: Urban Water Series - UNESCO-IHP (Urban Water)

Selected works. Vol.2

Aquatic Habitats in Sustainable Urban Water Management (Urban Water Series-Unesco-Ihp)

Adopted

The Vegetation of Africa: A Descriptive Memoir to Accompany the Unesco Aetfat Unso Vegetation Map of Africa and Map

The Vegetation of Africa: A Descriptive Memoir to Accompany the Unesco Aetfat Unso Vegetation Map of Africa and Map

Very Soft Organic Clay Applied for Road Embankment: Modelling and Optimisation Approach, UNESCO-IHE PhD, Delft, the Netherlands

A New Approach of Sediment Transport in the Design and Operation of Irrigation Canals (Unesco-Ihe Lecture Note Series)

Privacy in Statistical Databases: UNESCO Chair in Data Privacy International Conference, PSD 2010 Corfu, Greece, September 22-24, 2010 Proceedings

Atmospheric pollution 1980, Volume 8: Proceedings of the 14th International Colloquium, UNESCO Building, Paris, France, May 5-8, 1980

I'm Adopted

Adopted Parents

Adopted Parents

Adopted Parents

Adopted Parents

UNESCO (Vol. 2): Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948-2006) (UNESCO Reference Works)

A History of UNESCO (UNESCO reference books)

Standard-Setting In UNESCO (Vol. 1): Normative Action in Education, Science and Culture (UNESCO Reference Works)

UNESCO at A Glance

UNESCO, Cultural Heritage, and Outstanding Universal Value

Revista Redbioetica UNESCO N°3

Integrated Urban Water Management: Humid Tropics: UNESCO-IHP (Urban Water Series - Unesco-Ihp)

Urban Water Cycle Processes and Interactions: Urban Water Series - UNESCO-IHP (Urban Water-Unesco-Ihp)

Teachers And Educational Quality: Monitoring Global Needs for 2015 (Unesco Reference Works)

Modeling morphodynamic evolution in alluvial estuaries: UNESCO-IHE PhD Thesis

Urban Water Security: Managing Risks: UNESCO-IHP (Urban Water Series)

Gitagovinda of Jayadeva: Love Song of the Dark Lord (UNESCO collection of representative works)

Strategy and Performance of Water Supply and Sanitation Providers: UNESCO-IHE PhD Thesis

Hope and Folly: The United States and UNESCO, 1945-1985 (Media and Society)

Salt Intrusion, Tides and Mixing in Multi-Channel Estuaries: PhD: UNESCO-IHE Institute, Delft

World Heritage Angkor and beyond: Circumstances and implications of UNESCO listing in Cambodia

Data Requirements for Integrated Urban Water Management: Urban Water Series - UNESCO-IHP (Urban Water)

Selected works. Vol.2

Aquatic Habitats in Sustainable Urban Water Management (Urban Water Series-Unesco-Ihp)

Adopted

The Vegetation of Africa: A Descriptive Memoir to Accompany the Unesco Aetfat Unso Vegetation Map of Africa and Map

The Vegetation of Africa: A Descriptive Memoir to Accompany the Unesco Aetfat Unso Vegetation Map of Africa and Map

Very Soft Organic Clay Applied for Road Embankment: Modelling and Optimisation Approach, UNESCO-IHE PhD, Delft, the Netherlands

A New Approach of Sediment Transport in the Design and Operation of Irrigation Canals (Unesco-Ihe Lecture Note Series)

Privacy in Statistical Databases: UNESCO Chair in Data Privacy International Conference, PSD 2010 Corfu, Greece, September 22-24, 2010 Proceedings

Atmospheric pollution 1980, Volume 8: Proceedings of the 14th International Colloquium, UNESCO Building, Paris, France, May 5-8, 1980

I'm Adopted

Adopted Parents

Adopted Parents

Adopted Parents

Adopted Parents

Recommend Documents