Executive Board 205 EX/41

Two hundred and fifth session

PARIS, 15 October 2018

Original: English and French

REPORT OF THE COMMITTEE

ON CONVENTIONS AND RECOMMENDATIONS

1. The Committee on Conventions and Recommendations (CR) held three public working
meetings on Thursday 4 and Friday 5 October 2018, chaired by Ms Olivia Grange, representative of
Jamaica. The CR Committee elected Ms Sheila Sealy Monteith, Permanent Delegate of Jamaica to
UNESCO, as Temporary Chairperson. Nevertheless, some members of the Committee wished to
emphasize that that election, derogating from Rule 16.2 of the Rules of Procedure of the Executive
Board, was exceptional given the circumstances and should not set a precedent. The Committee
met on Monday 15 October 2018 to adopt the present report under the Temporary Chairperson.

2. The Committee on Conventions and Recommendations examined the following two items on
the agenda of the Executive Board:

Item 19 Implementation of standard-setting instruments - General monitoring (205 EX/19)

3. Introducing the item, the Director a.i. of the Office of International Standards and Legal Affairs,
representing the Director-General, drew attention to document 205 EX/19 containing a report on the
situation of UNESCO conventions and recommendations that the CR Committee was required to
monitor and an analysis of measures taken by the Secretariat in monitoring the implementation of
standard-setting instruments and the difficulties encountered for each of the instruments.

4. The Director a.i. of the Division for Policies and Lifelong Learning Systems a.i. and
representative of the Education Sector, presented an update on the education-related normative
instruments. The Education Sector is conducting consultations on the implementation of instruments
in three different areas this biennium – Recognition of Studies and Qualifications in Higher
Education, Adult Learning and Education (ALE) as well as Technical Vocational Education and
Training (TVET) – and will present the consolidated reports on these instruments at the 207th
session of the Executive Board.

5. Follow-up to the ninth consultation on the 1960 Convention and Recommendation against
Discrimination in Education is ongoing, focusing on equity and inclusion. An extensive report on the
findings of the consultation has already been published and the Observatory on the Right to
Education upgraded. In mid-October 2018, UNESCO is launching a digital campaign on the right to
education, which will also include the release of the Handbook on the Right to Education, developed
with the Right to Education Initiative. Technical assistance provided to Member States to integrate
the provisions of the 1960 Convention in their legal frameworks has been strengthened during the
reporting period. In addition, an international expert meeting on public policies supporting the right
to education of refugees is scheduled to take place in December. Further to the resolution on the
right to education adopted by the United Nations Human Rights Council in July 2018, urging States
to regulate and monitor education providers, UNESCO is involved in the development of the “Human
Rights Guiding Principles on State Obligations related to Private Actors in Education”.

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6. With regard to the 1966 and 1997 Recommendations on Teaching Personnel, the thirteenth
session of the Joint ILO-UNESCO-Committee of Experts on the application of the Recommendation
concerning Teaching Personnel (CEART) is taking place from 1 to 5 October 2018. The session
focuses on reviewing the Committee’s work over the past 50 years; assessing allegations from
teacher unions; and making recommendations on teachers and the future of work, the working
conditions of TVET teachers, the assessment and evaluation of higher education personnel as well
as privatization and education. The CEART’s report, covering the last three years, will be presented
at the 206th session of the Executive Board.

7. Follow-up to the 1974 Recommendation concerning Education for International

Understanding, Cooperation and Peace and Education relating to Human Rights and Fundamental
Freedoms is ongoing and a more detailed report on the findings is about to be published on
UNESCO’s website. Based on the data collected from the 83 Member States that participated in the
consultation, UNESCO has developed a methodology for reporting on global indicator 4.7.1. The
Technical Cooperation Group on SDG 4 Indicators endorsed the methodology in January. It was
then shared with the Member States that participated in the sixth consultation for comments and will
now be submitted to the Inter-Agency Expert Group on SDG Indicators for Tier re-classification.

8. The questionnaire for the 1993 Recommendation on the Recognition of Studies and
Qualifications in Higher Education was sent to Member States at the end of August 2018, with the
deadline for submissions being 30 November 2018. The representative of the Education Sector
excused the Secretariat for the few weeks’ delay in the dispatch of the questionnaire and indicated
that the Secretariat would try to provide some flexibility on the deadline. He added that this year,
Canada ratified the 1997 Convention on the Recognition of Qualifications concerning Higher
Education in the European Region (Lisbon Convention), the Holy See ratified the 2011 Asia-Pacific
Regional Convention on the Recognition of Qualifications in Higher Education (Tokyo Convention)
and six Member States ratified the 2014 Revised Convention on the Recognition of Studies,
Certificates, Diplomas, Degrees and Other Academic Qualifications in Higher Education in African
States (Addis Ababa Convention). Work on the Global Convention is progressing well, with a view
to its adoption at the 40th session of the General Conference.

9. Consultations of Member States on the 2015 Recommendation on Adult Learning and

Education (ALE) were undertaken through the online survey for the fourth edition of the Global
Report on Adult Learning and Education (GRALE IV). They closed at the end of September 2018,
with around 160 Member States having participated. A first draft of GRALE IV will be completed by
the end of this year, with a view to launch it in autumn of 2019.

10. Letters for launching consultations on the 2015 Recommendation concerning Technical and
Vocational Education and Training (TVET) should go out to Member States any day now, with
15 January 2019 established as the submission deadline. The representative of the Education
Sector thanked Member States for their understanding for this slight delay. This consultation will be
conducted online, through a dedicated web platform.

11. One Committee member recalled the importance of implementing the Strategy to improve
visibility, ratification, implementation, monitoring and cooperation of education-related standard-
setting instruments (hereinafter “the Strategy”) in view of Sustainable Development Goal 4 (SDG 4).
In response to a question on how information in the Observatory on the Right to Education is
processed and published, the representative of the Education Sector clarified that this notably comes
from Member States’ national reports from the consultations and United Nations reporting.
Furthermore, the Secretariat would like to make the Observatory into a flagship with real-life data,
but a lack of resources has slowed down progress. With regard to the same member’s comment that
there has been no major increase in the ratification of two conventions monitored by the CR
Committee, the representative of the Education Sector highlighted the example of the 1960
Convention, which has been enjoying renewed momentum. Fifteen Member States have joined it
during the last 12 years (two this year alone) and another 21 report having initiated the process. The
Committee member further went on to provide an update on his country’s progress on the right to
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education, literacy (mentioning the “Yes, I can” method) and teachers, as well as the finalization of
the revised 1974 Recognition Convention for Latin America and the Caribbean. Furthermore, he
recalled the importance of the 2015 Recommendation on ALE to guarantee the right to lifelong
learning for all.

12. The representative of the Russian Federation noted that the laws on education adopted in
Ukraine and Latvia and their provisions concerning the use of national minority languages in
education contravened the 1960 Convention against Discrimination in Education and the principles
underpinning UNESCO’s action. She noted that the changes were aimed at excluding national
minority languages from education. She also emphasized that the Organization should not close its
eyes to that form of discrimination, which was tolerated in Ukraine and Latvia. She went on to
question the basis for the breakdown in the document by target groups which were not referred to in
the Convention (for instance, migrants and indigenous peoples) when another specific group to
which the Convention devoted a separate section – national minorities – was not referred to in the
document. She asked the Secretariat to pay special attention to the right to education of national
minorities in the process of monitoring the standard-setting instrument. She further encouraged the
Secretariat to devote attention to this during the aforementioned campaign on the right to education.
The representative of the Education Sector recalled that, in line with its guiding principles, UNESCO
does not spare any effort to encourage the use of minority languages and mother tongues to promote
multiculturalism within and through education. He added that the Secretariat will look into possibilities
to more strongly promote this. Another Committee member mentioned that his country has four
official languages and ensures that in regions where there is a second language, it is given equal
consideration to the dominant one. In response to a question from one member of the Committee
on having a separate item on education for refugees (alluding to document 200 EX/28), the
representative of the Education Sector explained that this item now forms part of EX/4 reporting, but
that the option of having a separate Board document can be revisited. The member noted the
importance of linking human rights celebrations with refugee education. The representative of the
Education Sector took note of the one Committee member’s comment that questionnaires for
Member States reporting should be consistent in the way they are prepared and dispatched, and
that more information should be provided on the timeframe of consultations. He indicated that the
Education Sector would consider this issue.

13. The Director of the Division for Heritage and of the UNESCO World Heritage Centre,
representative of the Culture Sector recalled that the Director-General, by Circular Letter CL/4160
dated 6 June 2016, transmitted a certified copy of the 2015 Recommendation concerning the
Protection and Promotion of Museums and Collections, their Diversity and their Role in Society to
the Ministers responsible for relations with UNESCO for its distribution to the competent authorities,
as well as to other bodies and entities concerned by the matters dealt with by this instrument. The
Committee was informed that a booklet containing the text of the 2015 Recommendation was
produced in the six official languages of the Organization and distributed to all Member States in
April 2017. The representative of the Culture Sector also informed the Committee that, in promoting
the 2015 Recommendation among Member States and its partners in the field of museums, 18
cooperation and capacity-building projects focusing on the promotion of museums, collection
management, community outreach, and rehabilitation and renovation have been organized in 29
countries across all regions. The representative of the Culture Sector recalled that the Executive
Board requested at its 202nd session the Secretariat to submit the first consolidated report on the
implementation of the Recommendation at its 206th session in spring 2019 and approved the
reporting guidelines and the survey format. Member States were invited in December 2017 to submit
their responses to the survey by 30 August 2018. The deadline for submission was subsequently
extended until 30 September 2018. The Committee was informed that 50 Member States had
submitted their reports.

14. The representative of the Culture Sector recalled that the General Conference noted at its 38th
session in 2015 the potential of the 2011 Recommendation on the Historic Urban Landscape,
including a glossary of definitions, which was adopted in 2011, to become a key international
normative instrument for the conservation of urban heritage, especially in the framework of the
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implementation of the 2030 Sustainable Development Agenda. The representative of the Culture
Sector recalled that the Executive Board requested the Director-General to submit at its 206th
session the second consolidated report on the implementation of the 2011 Recommendation with a
view to transmitting it to the General Conference at its 40th session in 2019. This consolidated report
will compile the contributions provided by Member States on measures undertaken to implement this
normative instrument through an online survey, which was launched in February 2018 and whose
deadline for submissions was 30 September last. The Committee was informed that 52 Member
States had submitted their reports.

15. The Chief of the Section of the Diversity of Cultural Expressions of the Division for Creativity
and Secretary of the Convention on the Protection and Promotion of the Diversity of Cultural
Expressions, presented in her introduction the modalities for the 2018 global consultation on the
implementation of the 1980 Recommendation concerning the Status of the Artist, which has been
designed around three areas of monitoring: the digital environment; mobility of artists and the flow
of cultural goods and services; human rights and fundamental freedoms, including artists’ social and
economic rights, artistic freedom and gender equality. She recalled that the CR Committee adopted
guidelines for the preparation of reports by Member States at the 204th session of the Executive
Board. The Committee was informed that the consultation was launched on 15 June 2018 and that
the deadline for responses is 23 November 2018. The results of this consultation will be presented
to the Executive Board, in a consolidated report, at its 207th session in autumn 2019 and then
submitted to the General Conference for its consideration at its 40th session. To date, the Secretariat
has received two submissions from Member States. She also informed the Committee that, in
promoting the implementation of the 1980 Recommendation, the Secretariat has provided technical
support to Member States wishing to develop or revise their legislative framework on the status of
artist.

16. In his introductory remarks, the Chief of the Section for Universal Access and Preservation of
the Knowledge Societies Division of the Communication and Information Sector, representative of
the Communication and Information Sector presented key measures taken by the Secretariat during
the reporting period to implement the 2003 Recommendation concerning the Promotion and Use of
Multilingualism and Universal Access to Cyberspace.

17. Concerning the recently launched survey on World Languages for the preparation of the World
Atlas of Languages, a member of the Committee expressed its concern about the fact that the
National Institutes for Statistics of Member States may not be able to answer all questions and to
have all the required information to answer the questionnaire concerning the Atlas. Another member
of the Committee congratulated the Secretariat and expressed satisfaction with the work that the
Steering Committee of the 2019 International Year of Indigenous Languages has done so far
because “indigenous languages are the mirror of the heritage of our respective countries”. A member
of the Committee also congratulated the Secretariat for the information provided and the work
performed, and acknowledged the importance of the 2003 Recommendation. Moreover, the
Committee member made a general observation regarding the short period given to the Member
States to prepare their reports on the measures taken, considering that the timetables are published
in advance by the CR Committee, but that the time allowed to return questionnaires is too short.
They therefore request to extend deadlines in the future.

18. In response to the questions raised, the representative of the Communication and Information
Sector indicated that where access to National Statistics Institutes of Member States has been
limited in the past, questionnaires have also been forwarded to National Language Institutes,
National Commissions for UNESCO and Permanent Delegations. The same procedure will be
followed in the future. The representative also stated that the Steering Committee for the
organization of the International Year established by the Secretariat is fully operational and advances
on the organizational matters. Another meeting of the Steering Committee will be organized after the
Executive Board (18-19 October 2018) in order to follow up with activities planned for the
International Year with all Member States. Indeed, the International Year is a showcase for UNESCO
as the coordinating United Nations agency, and support from Member States is expected in order to
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make the Year a success. Finally, the representative of the Communication and Information Sector
indicated that the Knowledge Societies Division of the Communication and Information Sector is
implementing a significant number of activities oriented towards improving access to information and
knowledge especially for least developed countries (LDCs) and small island developing States
(SIDS). The Communication and Information Sector also took note of the limited time allowed to
Member States to respond to questionnaires and will ensure that more time is given in the future for
the responses to be sent.

19. Concerning the 2015 Recommendation concerning the Preservation of, and Access to,
Documentary Heritage Including in Digital Form, the representative of the Communication and
Information Sector indicated that it was the first ever international normative instrument to embrace
the field of documentary heritage in its entirety and marks a milestone in UNESCO’s work towards
accessibility and preservation of documentary heritage. He outlined how the Secretariat had
continued its efforts to provide Member States with strategic and technical assistance in
implementing the 2015 Recommendation, including organizing a consultation in Abuja, Nigeria (June
2018) on implementing the Recommendation in Africa. Some 27 countries adopted the Abuja Action
Plan for implementing the Recommendation. Following a Memory of the World (MOW) workshop
organized in Oman in May 2018, a wider consultation for the Arab States will be organized in Tunis,
Tunisia, in November. The Representative of the Communication and Information Sector added that
28 countries took part in a half-day seminar on implementing the 2015 Recommendation in the Asia-
Pacific region. This took place during the eighth General Meeting of MOWCAP (Memory of the World
Committee for Asia Pacific), held in Gwangju, Republic of Korea, in May-June 2018. He concluded
his presentation by highlighting a few other activities planned as part of the Secretariat’s capacity-
building for the implementation of the 2015 Recommendation, including the planned Inter-regional
Conference for Collaboration on Memory Preservation and Accessibility, to be held in Panama from
24 to 27 October 2018, for some 30 members of the different regional committees of the Memory of
the World (MOW) Programme.

20. The Director of the Division of Programmes and Policies of the Social and Human Sciences
Sector, representative of the Social and Human Sciences Sector underlined that since the 204th
session of the Executive Board, the 2017 Recommendation on Science and Scientific Researchers
was published in a form of a brochure in English and in French and efforts are made to raise
US $12,000, which are needed to produce the brochure in Arabic, Chinese, Russian and Spanish.
The Secretariat has made efforts to mobilize different UNESCO’s networks of partners to promote
the 2017 Recommendation. The text Recommendation has been distributed to UNESCO’s partners
during various meetings, such as: the United Nations Inter-Agency Committee on Bioethics
(UNESCO Headquarters, 13-14 June 2018) and the World Social Sciences Forum (Fukuoka, Japan,
25-28 September 2018).

21. The Forum Science that is scheduled to take place on 26 and 27 November 2018 in Moscow,
Russian Federation and is organized by the NGO UNESCO Liaison Committee will have the
Recommendation as the pillar of the discussion. The Social and Human Sciences Sector has been
developing cooperation with some Member States, including the Netherlands and Canada, and other
partners for the promotion and dissemination of this normative instrument with the aim to increase
awareness about this Recommendation in Member States and thus contribute to giving effect to it.
The representative of the Social and Human Sciences Sector expressed special thanks to Canada
and the Netherlands for their National Commissions had worked toward making the
Recommendation more well-known, including by preparing an explanatory brochure which can be a
model for other countries to do the same.

22. At present, the Secretariat led by the Social and Human Sciences Sector develops
intersectoral consultations and consultations with field offices based on the internal documents,
which include analysis of the ongoing work of UNESCO in relation to the provisions of the
Recommendation, as well as key messages and ideas related to its promotion and monitoring. These
consultations aim at preparing preliminary proposals for a revised monitoring questionnaire and
updated guidelines for preparation of reports on the implementation of the 2017 Recommendation
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which will serve as basis for consultations with National Commissions, UNESCO Chairs and other
partners in 2019. Once the Secretariat finalizes these internal consultations and prepares a concept
note for the monitoring guidelines and questionnaire with an eventual preliminary draft of these
documents, it will launch consultations with National Commissions for UNESCO and UNESCO
UNITWIN/Chairs active in the areas covered by the Recommendation, as well as with different
scientific communities, to collect their feedback and proposals to finalize the documents, which will
then be submitted for examination by the members of the CR Committee at the 207th session of the
Executive Board in autumn 2019.

23. At the end of the discussions, the members of the Committee decided to recommend the
following draft decision to the Executive Board:

The Executive Board,

1. Recalling 15 C/Resolution 12.2, 23 C/Resolution 29.1, 165 EX/Decision 6.2,

32 C/Resolution 77, 170 EX/Decision 6.2, 171 EX/Decision 27, 174 EX/Decision 21,
175 EX/Decision 28, 176 EX/Decision 33, 177 EX/Decision 35, 34 C/Resolution 87,
196 EX/Decision 20, 199 EX/Decision 14.I, 200 EX/Decision 16.I, 201 EX/Decision 19.I,
202 EX/Decision 24.I and 204 EX/Decision 18.I relating to the first aspect of the terms of
reference of the Committee on Conventions and Recommendations (CR), which
concerns the implementation of standard-setting instruments,

2. Having examined document 205 EX/19, and the report of the Committee on Conventions
and Recommendations (CR) thereon (document 205 EX/41),

3. Invites all Member States, once again, to fulfil their legal obligations under Article VIII of
the Constitution of UNESCO regarding periodic reports on the action taken upon the
conventions and recommendations;

4. Requests the Director-General to continue to ensure the implementation of the legal

framework concerning standard-setting instruments, adopted at its 177th session and
amended at its 196th session, by the programme sectors and the UNESCO Institute of
Statistics (UIS), which have responsibility for the conventions and recommendations
monitored by the Committee on Conventions and Recommendations (CR);

5. Decides to continue consideration of this item at its 206th session.

Item 36 Review of the working methods procedures and practices of

the Committee on Convention and Recommendations
(205 EX/36 and Corr. (French only); 205 EX/DG.INF)

24. In her introduction, the Chairperson of the Committee recalled that document 205 EX/36 had
been drafted by the Member States which had requested the inclusion of this item on the review of
the working methods, procedures and practices of the Committee on Conventions and
Recommendations in the agenda of the 205th session of the Executive Board.

25. In that respect, a certain number of Committee members regretted the fact that document 205
EX/36 and its draft decision had been submitted late and had not been presented in connection with
the work of the Preparatory Group of the Executive Board in order to initiate the search for consensus
language. However, other Committee members have indicated that item 36 had been submitted one
month in advance and that an open meeting had been held.

26. Some Committee members stated that the two aspects of the terms of reference of the CR
Committee, namely, the first aspect concerning the examination of reports from Member States on
the implementation of UNESCO’s standard-setting instruments, and the second aspect relating to
the examination of communications concerning the exercise of human rights in UNESCO’s fields of
competence (104 procedure), were still unbalanced, despite the Committee’s earlier efforts to
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improve its working methods. In that regard, those Committee members recalled that the General
Conference had reaffirmed the need for a holistic and comprehensive reform of UNESCO,
particularly its governing bodies, including by means of 38 C/Resolution 101 and 39 C/Resolution
87 on the governance, procedures and working methods of the governing bodies of UNESCO.

27. Those Committee members were of the view, therefore, that it was necessary to review once
more the working methods, procedures and practices of the CR Committee so as to rebalance the
two aspects of the CR Committee’s terms of reference with a view to ensuring the smooth functioning
of the Committee and enhancing its effectiveness. With regard to the first aspect of the terms of
reference of the CR Committee, those Committee members considered that it was essential to
improve mechanisms for monitoring the effective implementation of each convention and
recommendation that the CR Committee was required to monitor, to consider the possibility that the
Secretariat develop a template for reporting on the implementation of each convention and
recommendation in addition to the general guideline framework, and to identify best practices for
dissemination, as referred to in paragraph 10 of document 205 EX/36. With regard to the second
aspect of the CR Committee’s terms of reference, those Committee members were of the view that
the Committee’s working methods needed to be improved in order to address a number of their
concerns, such as preliminary selection of communications received, the sources of information
about cases examined, the imbalance in the geographical origin of the communications, and the
application of the admissibility criteria (particularly attempts to exhaust domestic remedies), so as to
avoid any possible politicization of the work of the Committee. Consequently, these Committee
members considered necessary an analysis of the results of the CR Committee in the context of the
procedure for examining communications concerning the exercise of human rights in UNESCO’s
fields of competence. Finally, those Committee members also questioned the relevance of the CR
Committee in relation to other international and regional human rights mechanisms, in particular
those in other United Nations system organizations.

28. All the Committee members wished to emphasize that human rights were enshrined in Article I,
paragraph 1, of the UNESCO Constitution, and thus lay at the heart of the Organization’s collective
work, particularly relevant on the occasion of the celebration of the seventieth anniversary of the
Universal Declaration of Human Rights, coinciding with the fortieth anniversary of the adoption by
the Executive Board of 104 EX/Decision 3.3 on the examination by the CR Committee of
communications concerning the exercise of human rights in UNESCO’s fields of competence.

29. Some Committee members recalled that the Committee’s working methods had already been
the subject of a great many reviews, including during the 156th (1999), 170th (2004) and 185th
(2010) sessions of the Board, with the last review having been completed recently, in 2015, with the
adoption by the Board at its 196th session of various improvements made by the Committee to the
two aspects of its terms of reference. In that regard, those Committee members stressed that the
previous reviews had been the subject of intense discussion in order to reach consensus among
members of the Committee and that the working methods and the practices followed by the
Committee did not appear to them to require further review. Noting that the draft decision contained
in paragraph 15 of document 205 EX/36 again proposed a review of the Committee’s working
methods, particularly with regard to the second aspect of its terms of reference, those Committee
members stressed that there was indeed little point in undertaking a further review of the
Committee’s methods of work in the absence of specific information in advance on the practical
implementation of the most recent review of working methods. Considering that conducting a
constant review would in no way contribute to the collective effectiveness of the Committee, those
Committee members did not deem themselves in a position to accede to the proposal, which aimed
to reopen a further review of the methods of work of the Committee. Finally, those Committee
members recalled that by means of 185 EX/Decision 22, the Board had clearly emphasized that the
104 procedure was unique and at the same time complementary to other mechanisms of the United
Nations system responsible for protecting human rights.

30. After the debates and following informal consultations among its members, the Committee
decided to recommend that the Executive Board adopt the following draft decision:
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Follow-up on previous reviews of the working methods, procedures and practices of the
Committee on Conventions and Recommendations

The Executive Board,

1. Recalling Article I.1 of the Constitution of UNESCO stating that 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. Also recalling Article VIII of the Constitution of UNESCO regarding periodic reports on
the action taken upon the conventions and recommendations,

3. Further recalling that the terms of reference entrusted to the Committee on Conventions
and Recommendations (CR) have two main pillars: considering all questions entrusted
to the Executive Board concerning the implementation of UNESCO’s standard-setting
instruments, and examining communications relating to cases and questions concerning
the exercise of human rights in UNESCO’s fields of competence,

4. Takes note of the discussions held at the 205th session of the Executive Board in the
public meetings of the Committee on Conventions and Recommendations on its working
methods, procedures and practices;

5. Requests the Secretariat to provide a report on the implementation of the last reviews of
the CR Committee’s working methods, procedures and practices at the Board’s 206th
session for its consideration.

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