Regional
Convention on the Recognition of Studies, Diplomas and Degrees
in Higher Education in Latin America and the Caribbean
Adopted in Mexico City on 19 July 1974 (UN Treaty Series No.
14287)
Outline
of Convention
Regional
Convention on the Recognition of Studies, Diplomas and Degrees
in Higher Education in Latin America and the Caribbean
(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, sub-regional or regional agreements;
Desirous
of strengthening and increasing their co-operation 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 co-operation, 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 co-operation
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 life-long 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 end 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 admissions
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;
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 co-operation 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,
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Have
agreed as follows:
I. DEFINITIONS
Article 1
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 grant 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.
b)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;
c
)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;
d
)Partial studies in higher education are 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.
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II. OBJECTIVES
Article 2
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 for 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,
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.
b)
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;
c)
to promote inter-regional co-operation with respect to the
recognition of studies and degrees;
d)
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, sub-regional or regional
agreements, as well as through agreements between institutions
of higher education, and such other means as may be conducive
to co-operation with the competent organizations and institutions
both national and international.
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III.
COMMITMENTS FOR IMMEDIATE IMPLEMENTATION
Article
3
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
4
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
5
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, diplomas, and qualifications
in higher education conferred by the competent authorities
of another Contracting State.
Article
6
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
7
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.
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IV.
AGENCIES AND MACHINERY FOR IMPLEMENTATION
Article 8
The Contracting States undertake to work for the attainment
of the objectives defined in Article 2, and to ensure the
application and fulfillment 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 sub-regional bodies.
Article
9
The Contracting States recognize that the attainment of the
objectives and the fulfillment of the commitments defined
in this Convention require, at the national level, close and
constant co-operation and co-ordination 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.
Article
10
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
11
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
12
The Contracting States may entrust to bilateral or sub-regional
bodies, already existing or specially set up for the purpose,
the task of examining the problems entailed at the bilateral
or sub-regional level by the application of this Convention
and of proposing solutions to them.
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V.
CO-OPERATION WITH INTERNATIONAL ORGANIZATIONS
Article 13
The
Contracting States shall take the appropriate measures to
enlist the co-operation of the competent governmental and
non-governmental international organizations in their endeavors
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 co-operation.
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VI.
RATIFICATION, ACCESSION AND ENTRY INTO FORCE
Article
14
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,
b
)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
15
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
16
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
17
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
18
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
19
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.
Article
20
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
21
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.
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