Table of contents
Andrs Bello Convention (amended 1990)
Andrs Bello Convention (amended 1990)
ORGANIZATION OF THE ANDRÉS BELLO CONVENTION OF EDUCATIONAL, SCIENTIFIC, TECHNOLOGICAL, AND CULTURAL INTEGRATION
PREAMBLE
THE HIGH CONTRACTING PARTIES
Aware that Education, Culture, Science, and Technology are essential tools for the comprehensive development of countries, leading to a better level and quality of life for their peoples.
Convinced that this development must be promoted within the framework of a common pursuit of Peace, Freedom, Justice, and solidarity among peoples.
Inspired by the desire to strengthen and promote the relations of countries through actions that entail a true integration of their efforts and capacities; and,
Moved by the certainty that such integration can be strengthened by the accession of States that so desire, particularly in the educational, scientific, technological, and cultural fields.
They expressly declare their will to sign a new Andrés Bello Convention of educational, scientific, technological, and cultural integration, replacing the Convention signed in Bogotá on January 31 of 1970, with the aim of expanding and strengthening the dynamic process of integration, supporting development, and improving the material and spiritual well-being of the peoples.
AGREE:
CHAPTER ONE. Name and Objectives
Article 1
The Organization of the Andrés Bello Convention of educational, scientific, technological, and cultural integration is created, so named in tribute and recognition of the work of the distinguished American humanist, Don Andrés Bello.
Article 2
The purpose of the Organization is the educational, scientific, technological, and cultural integration of the Member States, for which they commit to coordinate their efforts internationally with the aim to:
- Stimulate mutual knowledge and fraternity among them.
- Contribute to achieving an adequate balance in the process of educational, scientific, technological, and cultural development.
- Make joint efforts in favor of education, science, technology, and culture to achieve the comprehensive development of their nations; and
- Apply science and technology to raise the standard of living of their peoples.
Article 3
To achieve the aforementioned purposes, the Organization will promote, among others, the following actions:
- Formulate and execute integrated plans, programs, projects, and activities;
- Encourage joint development projects, that contribute to improving productivity in the areas of the Organization.
- Develop cooperative relationships with other countries and with national and international organizations, both governmental and non-governmental;
- Formulate and present draft agreements on the protection and defense of cultural heritage, taking into account international conventions on the subject.
- Promote the granting of reciprocal scholarships.
- Support, on a reciprocal basis, the establishment of quotas for students from Member States to enter or continue their studies in higher education institutions.
- Unify criteria for recognizing levels of knowledge and/or skills in trades acquired outside of formal education, by nationals of any of the Member States.
- Promote the dissemination of the culture of the Member States and advances in education, science, and technology, through the press, radio, television, cinema, and other forms of mass communication.
- Encourage the publication and dissemination of their literary and scientific values among the Member States.
Article 4
Member States will recognize primary or basic general studies and secondary studies through equivalence tables that allow for the continuation of these studies or the acquisition of certificates corresponding to courses, levels, modalities, or degrees approved in any of them.
Article 5
Member States will recognize diplomas, degrees, or titles that certify academic and professional studies issued by Higher Education Institutions in each of them, solely for the purposes of entry into postgraduate studies (Specialization, Master’s, and Doctorate). These do not imply the right to practice the profession in the country where they are carried out.
Article 6
Member States will present the specific pragmatic lines they deem a priority for each of the areas of competence of the Organization. Based on these, the Organization will formulate projects in education, science and technology, and culture, which include, among their activities, the exchange of technical assistance, internships, seminars, training workshops, and the exchange of experts, with the aim of contributing to the strengthening of integration.
Article 7
Member States will organize meetings and cooperation programs for the timely exchange of information on topics of interest to them.
Article 8
Member States will encourage the development of multinational programs of research, experimentation, innovation, and technology transfer in the areas of education, science, and culture.
CHAPTER TWO. Legal Nature and Structure
Article 9
The Organization shall have international legal personality and, in this regard, shall enjoy full capacity in the exercise of its functions to achieve its purposes and, in particular, may:
- Enter into agreements with States and International Organizations.
- Acquire, lease, and dispose of goods and services and generally celebrate all types of acts and contracts.
- Participate in legal proceedings and initiate legal procedures.
Article 10
The bodies that make up the Organization of the Andrés Bello Convention are the following:
- The Meeting of Ministers.
- The Executive Secretariat.
- The Main Advisory Commission.
- The Technical Commissions of Education, Science and Technology, and Culture.
Article 11
The supreme authority of the Organization is the Meeting of Ministers of Education of the Member States, that is tasked with:
- Setting the general policy of the Organization.
- Studying and proposing amendments to this Convention.
- Approving the statutory and regulatory norms, in all matters of its competence.
- Creating, modifying, or abolishing, according to its needs, specialized entities, defining their fields of action and approving their statutes.
- Appointing the executive authorities of the Organization.
- Analyzing and approving the Organization’s Program-Budget.
- Authorizing the signing of Headquarters Agreements with the Member States.
- Defining the functions of the bodies of the Organization and delegating its own as it deems appropriate.
- Exercising other powers assigned to it by this Convention, the Statutes, or the Regulations, as applicable.
Article 12
The Meeting of Ministers will be composed of the heads of the Education Departments of the Member States or their duly accredited representatives.
Article 13
The Meeting of Ministers will meet in ordinary session every two (2) years and in extraordinary session at the request of the President of the last Ordinary Meeting, or by the convocation of three of its members. The venue for the next meeting will be agreed upon during the last Ordinary Meeting.
Article 14
The approval or decision-making on matters pertaining to the Meeting of Ministers will require a favorable vote of more than half of its total members.
Article 15
The Executive Body of the Organization is the Executive Secretariat, and its head is the legal representative of the Organization. The functions of the Executive Secretariat are:
- Execute the policy of the Organization.
- Prepare the Meeting of Ministers.
- Comply with and ensure compliance with the resolutions and other agreements of the Meeting of Ministers.
- Manage the Organization’s Financing Fund.
- Prepare the proposed Program-Budget of the Organization.
- Coordinate the activities of the bodies and specialized entities.
- Maintain the Organization’s relations with third countries and national and international organizations.
- Perform other functions determined by the Meeting of Ministers.
Article 16
The Main Advisory Commission will be the auxiliary body of the Meeting of Ministers of Education, will inform the agenda and the proposals submitted to the Meeting, and will periodically evaluate the compliance with its decisions. This Commission will be composed of the national secretaries or the representative designated by the Minister of Education of each country.
Article 17
The Organization will have Technical Commissions for Education, Science and Technology, and Culture, whose purpose will be to formulate or evaluate the draft programming projects in the respective area, which will be presented by the Executive Secretariat to the Meeting of Ministers for approval, after consideration by the Main Advisory Commission. The Technical Commissions will be made up of one specialist from each Member State in each of the mentioned areas.
Article 18
A National Secretariat will operate in each of the Member States, in charge of all matters related to the Organization. Each Member State may create, in accordance with its internal 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, which will have the objective of contributing to achieve the purposes specified in their statutes and other functions set by the Meeting of Ministers. These entities will maintain links of subordination and coordination with the bodies of the Organization, through its Executive Secretariat.
Article 20
The Specialized Entities, mentioned in the previous article, will be recognized autonomy in terms of their headquarters, members, finances, and administration in accordance with what is established in letter d) of Article 11. The host country of each of these entities will guarantee the necessary facilities for their operation, in accordance with its internal legislation.
CHAPTER THREE. Financing Fund
Article 21
The Financing Fund is constituted by the contributions of the Member States. The interest and other earnings generated will support the financing of joint projects and activities.
Article 22
The fund may be renewed and increased with extraordinary contributions in the amount and frequency agreed upon by the Meeting of Ministers.
Article 23
Member States retain ownership of the nominal value of their contributions and may not withdraw them while they are part of the Organization.
Article 24
The availability of interest and other earnings from the Fund does not exempt the countries that host the Organization or the Specialized Entities from assuming the financing of the local expenses required for their operation.
CHAPTER FOUR. Privileges and Immunities
Article 25
The Organization shall enjoy, in the territory of each of the 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 other bodies, shall enjoy the privileges and immunities necessary to perform independently their functions related to the Organization.
The privileges and immunities referred to in the above paragraphs will be:
- In the territory of every Member State that is a party to the Convention on the privileges and Immunities of the Specialized Agencies of the United Nations, those defined in the clauses of that Convention.
- In the territory of Member States that are not parties to the aforementioned Convention, those defined in the Host Country Agreement or other instruments concluded for that purpose with the Organization.
CHAPTER FIVE. Dispute Resolution
Article 26
Disputes concerning the interpretation or application of this Convention that cannot be resolved through direct diplomatic negotiations between the involved parties, shall be submitted for resolution to the Meeting of Ministers. If the dispute is not resolved within this body, it shall be submitted, with the consent of the involved parties, to any of the mechanisms provided by international law for the peaceful settlement of disputes.
CHAPTER SIX. 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 written notification addressed to the Depository, which shall take effect one year after the date of receipt of the notification.
Article 29
The government of the Republic of Colombia will assume the functions of Depository. Consequently, it will safeguard the original text of the Convention and send a certified copy of it to the signatories and parties. Likewise, it will assume all the functions recognized by international law to the Depositories of International Agreements.
Article 30
This Convention is subject to ratification by the signatory countries.
Article 31
This Convention shall enter into force on the thirtieth day after the date of deposit of the fifth instrument of ratification. For the other signatories, it will enter into force on the date of deposit of the respective document of ratification.
Article 32
After its entry into force, this Convention will be open to accession by other countries, as full members or observers, according to the procedures and conditions specified by the Meeting of Ministers of Education, through regulatory means.
Article 33
The provisions of this Convention shall not affect the rights and obligations arising from agreements entered into by any of the countries prior to its entry into force.
Article 34
The Andrés Bello Convention of educational, scientific, and cultural integration of the countries of the Andean Region, signed on January 31 of 1970, will be repealed upon the entry into force of this Convention, with all assets, rights, and obligations acquired under it automatically transferring to the Organization.
Article 35
Amendments agreed to this Convention, as established in letter b) of Article 11 of the same, for their entry into force, will be subject to the procedure specified in Article 31 of the Convention.
CHAPTER SEVEN. Transitional Provisions
Article 36
Member States of the Andrés Bello Convention of educational, scientific, and cultural integration of the countries of the Andean Region, signed in the city of Bogotá on January 31 of 1970, who do not sign or ratify this Agreement within six months of its entry into force, will lose all rights acquired during the validity of the previous Convention but will have to fulfill any outstanding commitments under the same.
Article 37
All provisions approved by the Meeting of Ministers of Education of the Andrés Bello Convention of 1970 will remain in force even after the entry into force of this Convention, to the extent that they do not contradict it and until they are modified.
Article 38
To the signatory countries that ratify this Convention after its entry into force, all provisions that have been approved by the bodies of the Organization up to that moment will be applicable.
In Madrid (Spain), on the 27th of November of 1990.