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Andrés Bello Convention concerning Educational, Scientific, Technological and Cultural Integration [*]

Done at: Madrid

Date enacted: 1990-11-27

In force: 1995-09-21

Content

Preamble

The High Contracting Parties,

Aware that education, culture, science and technology are essential tools for the integrated development of countries and that they entail a higher standard and quality of life for the peoples thereof,

Convinced that such development must be fostered in the context of joint efforts towards peace, freedom, justice and solidarity among peoples,

Guided by the desire to strengthen and promote relations among their countries through activities involving genuine integration of their efforts and capacities, and

Acting on the belief that such integration can be strengthened through the accession of those States that wish to join these efforts, particularly in the areas of education, science, technology and culture,

Express their intention to sign a new Andrés Bello Convention concerning Educational, Scientific, Technological and Cultural Integration, which shall replace the Convention signed at Bogota on 31 January 1970, in order to broaden and strengthen the dynamic process of integration, to support development and to improve the material and spiritual well-being of their peoples, and

Have agreed as follows:

Chapter I - Title and objectives

Article 1

In homage to and in recognition of the work of the renowned American humanist Andrés Bello, there shall be established an Organization of the Andrés Bello Convention concerning Educational, Scientific, Technological and Cultural Integration.

Article 2

The goal of the Organization shall be to bring about educational, scientific, technological and cultural integration among the member States, for which purpose the latter undertake to combine their efforts at the international level in order to:

a.

Promote reciprocal understanding and fraternity among them;

b.

Achieve an appropriate balance in the process of educational, scientific, technological and cultural development;
c.

Carry out joint efforts to promote education, science, technology and culture in order to achieve integrated development in their nations; and

d.

Apply science and technology in order to improve the standard of living of their peoples.

Article 3

To achieve these objectives, the Organization shall undertake, in particular, the following activities:

a.

Drawing up and carrying out integrated plans, programmes, projects and activities;
b.

Encouraging joint development projects that will help to increase productivity in the areas covered by the Organization;

c.

Developing relations of cooperation with other countries and with national and international governmental and non-governmental organizations;

d.

Drawing up and submitting draft agreements on the protection and defence of cultural heritage, taking into account the international conventions concluded on the subject;

e.

Promoting the reciprocal award of scholarships;

f.

Supporting, on a reciprocal basis, the establishment of quotas to enable students from member States to begin or continue their studies in institutions of higher education;
g.

Unifying the criteria for recognizing knowledge and/or skills acquired outside the framework of formal education by nationals of any of the member States;

h.

Promoting the dissemination of the culture of the member States and of advances in education, science and technology through the press, radio, television, cinema and other mass communications media;
i.

Encouraging the publication and reciprocal dissemination of the works of literary and scientific figures of the member States.

Article 4

The member States shall recognize primary or general basic education and intermediate or secondary education by means of equivalency tables, so that such studies may be continued or appropriate certificates may be awarded for courses, levels, methods or degrees accredited in any of them.

Article 5

The member States shall recognize the diplomas, degrees or certificates awarded for academic and professional studies by institutions of higher education in any of them, for the sole purpose of admission to postgraduate (specialized, masters- and doctoral-level) studies. Such studies shall not entail the right to exercise a profession in the country in which they are undertaken.

Article 6

The member States shall submit the specific programme outlines which they consider priorities in each of the areas of competence of the Organization.

On the basis of those outlines, the Organization shall draw up educational, scientific and technological and cultural projects whose activities include the exchange of technical assistance, in-service training, seminars, training workshops and the exchange of experts, with the aim of strengthening integration.

Article 7

The member States shall organize meetings and cooperation programmes for the timely exchange of information on topics of interest to them.

Article 8

The member States shall foster the development of multinational programmes of research, experimentation, innovation and transfer of technology in the areas of education, science and culture.

Chapter II - Legal status and structure

Article 9

The Organization shall have international legal personality and shall, accordingly, enjoy full legal capacity in the exercise of its functions for the achievement of its ends. In particular, it shall be empowered:

a.

To conclude agreements with States and international organizations;
b.

To acquire, rent and dispose of goods and services and, in general, to enter into any type of transaction or contract;

c.

To be a party to lawsuits and to initiate judicial proceedings.

Article 10

The Organization of the Andrés Bello Convention shall consist of the following organs:

-

The Meeting of Ministers;

-

The Executive Secretariat;

-

The Technical Commissions on education, science and technology and culture.

Article 11

The Meeting of Ministers of Education of the member States shall be the supreme authority of the Organization and shall be responsible for:

a.

Formulating the general policy of the Organization;
b.

Studying and proposing amendments to this Convention;
c.

Adopting rules and regulations in respect of all matters within its competence;
d.

Establishing, modifying or abolishing specialized entities according to its needs, defining their areas of action and approving their by-laws;
e.

Appointing the executive authorities of the Organization;

f.

Analysing and adopting the programme budget of the Organization;
g.

Authorizing the conclusion of headquarters agreements with the member States;
h.

Defining the functions of the organs of the Organization and delegating such functions as it may deem appropriate;
i.

Exercising the other powers assigned to it under this Convention, its bylaws or its rules of procedure, as the case may be.

Article 12

The Meeting of Ministers shall consist of the holders of the Portfolios of Education of the member States or their duly authorized representatives.

Article 13

The Meeting of Ministers shall be convened in regular session every two years and in special session at the request of the President of the most recent regular meeting or of three of its members. The venue of each meeting shall be agreed upon at the preceding regular meeting.

Article 14

The approval or taking of decisions on matters within the competence of the Meeting of Ministers shall require the favourable vote of half plus one of the total number of its members.

Article 15

The executive organ of the Organization shall be the Executive Secretariat. The Executive Secretary shall be the legal representative of the Organization. The functions of the Executive Secretariat shall be:

a.

To carry out the policies of the Organization;

b.

To make arrangements for the sessions of the Meeting of Ministers;
c.

To implement and to ensure the implementation of the resolutions and other agreements of the Meeting of Ministers;
d.

To administer the Financing Fund of the Organization;
e.

To prepare the proposed programme budget of the Organization;
f.

To coordinate the activities of the organs and specialized entities;
g.

To maintain relations between the Organization and third countries and national and international agencies;
h.

To carry out such other functions as may be determined by the Meeting of Ministers.

Article 16

The Chief Advisory Commission shall be the auxiliary organ of the Meeting of Ministers of Education. It shall report on the agenda and the proposals made at the Meeting and shall periodically evaluate the implementation of the decisions of the Meeting. This Commission shall consist of the National Secretaries or of representatives designated by the Minister of Education of each country.

Article 17

The Organization shall have Technical Commissions on education, science and technology and culture, whose objective shall be to formulate or evaluate preliminary draft programmes in their respective areas, which shall be submitted by the Executive Secretariat to the Meeting of Ministers for approval after they have been considered by the Chief Advisory Commission. The Technical Commissions shall consist of one specialist in each of the above-mentioned areas from each member State.

Article 18

A National Secretariat shall be established in each member State and shall be responsible for all matters relating to the Organization.

Each member State may establish, according to its domestic regulations, other national bodies to support the activities of the Organization, in coordination with the National Secretariats.

Article 19

The Organization may have specialized entities, whose purpose shall be to pursue the objectives laid down in their by-laws and to perform such other functions as may be determined by the Meeting of Ministers.

Such entities shall maintain relations of subordination and coordination with the organs of the Organization, through the Executive Secretariat.

Article 20

The specialized entities referred to in the preceding article shall be autonomous in terms of their headquarters, members, finances and administration, subject to the provisions of article 11 (d).

The host countries of such entities shall provide the facilities needed for their operation, in accordance with domestic legislation.

Chapter III - Financing Fund

Article 21

The Financing Fund shall consist of contributions from member States. The interest and other returns which it yields shall be used to help finance joint projects and activities.

Article 22

The Fund may be replenished and increased with special assessments in the amount and with the periodicity agreed upon by the Meeting of Ministers.

Article 23

The member States shall retain ownership of the face value of their contributions. They may not withdraw their contributions for as long as they remain members of the Organization.

Article 24

The availability of interest and other returns yielded by the Fund shall not exempt the host countries of the Organization or of the specialized entities from the obligation to finance the local expenses required for the functioning of those bodies.

Chapter IV - Privileges and immunities

Article 25

The Organization shall enjoy, in the territory of each of its member States, the privileges and immunities necessary for the exercise of its functions and for the achievement of its objectives.

The representatives of the member States, the Executive Secretary and the staff of the Executive Secretariat and of the other organs shall enjoy the privileges and immunities necessary for the independent performance of their functions in relation to the Organization.

The privileges and immunities referred to in the preceding paragraphs shall be:

a.

In the territory of any member State which is a party to the Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations, those defined in the provisions of the said Convention;

b.

In the territory of any member State which is not a party to the aforesaid Convention, those defined in the headquarters agreement or in other instruments concluded to that end with the Organization.

Chapter V - Dispute settlement

Article 26

Disputes concerning the interpretation or application of this Convention which cannot be settled through direct diplomatic negotiations between the parties concerned shall be submitted for final settlement to the Meeting of Ministers.

If the dispute is not settled within that organ, it shall be submitted, with the consent of the parties concerned, to any of the mechanisms provided for under international law for the peaceful settlement of disputes.

Chapter VI - Final provisions

Article 27

This Convention shall not be subject to reservations at the time of signature, ratification or accession.

Article 28

Any Contracting Party may denounce this Convention by submitting a written notification to that effect to the Depositary. Such denunciation shall take effect one year after the date of receipt of the notification.

Article 29

The Government of the Republic of Colombia shall discharge the functions of Depositary. Consequently, it shall retain the original text of the Convention and shall send certified copies thereof to the signatories and to the Parties. It shall also discharge all the functions attributed to depositaries of international agreements under international law.

Article 30

This Convention is subject to ratification by the signatory countries.

Article 31

This Convention shall enter into force on the thirtieth day following the date of deposit of the fifth instrument of ratification. For the remaining signatories, it shall enter into force on the date of deposit of their respective instruments of ratification.

Article 32

Following its entry into force, this Convention shall be open to accession by other countries as either full members or observers, in accordance with the procedures and in the conditions duly established by the Meeting of Ministers of Education.

Article 33

The provisions of this Convention shall not affect the rights and obligations arising from agreements signed by any of the countries prior to the entry into force of this Convention.

Article 34

The "Andrés Bello" Convention concerning the educational, scientific and cultural integration of the countries of the Andean region, signed on 31 January 1970, shall be rescinded upon the entry into force of this Convention, and all property, rights and obligations acquired by virtue of the former shall automatically be transferred to the Organization.

Article 35

Any amendments to this Convention which may be agreed upon according to the provisions of article 11 (b) shall, for their entry into force, be subject to the procedure laid down in article 31 of the Convention.

Chapter VII - Temporary provisions

Article 36

Those States members of the "Andrés Bello" Convention concerning the educational, scientific and cultural integration of the countries of the Andean region, signed at Bogota on 31 January 1970, which do not sign or do not ratify this Convention within six months from the date of its entry into force shall lose all the rights acquired during the period of validity of the previous Convention. However, they must discharge any outstanding obligations incurred in relation to that Convention.

Article 37

All the provisions adopted by the Meeting of Ministers of Education of the 1970 "Andrés Bello" Convention shall remain in force even after the entry into force of this Convention, to the extent that they do not contradict the latter and until such time as they are modified.

Article 38

Those signatory countries which ratify this Convention following its entry into force shall be subject to such provisions as may have been adopted, up to that time, by the organs of the Organization.

Done at Madrid in one original on 27 November 1990.

[*]

This Convention is also known as the "SECAB Convention".

The present Convention replaces the last Andrés Bello Convention concerning Educational, Scientific, Technological and Cultural Integration signed 1970-01-31 and in force 1970-11-24.