Regionale Overeenkomst inzake de erkenning van studies en diploma's op het gebied van het hoger onderwijs in Latijns-Amerika en in het Caraïbische gebied

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 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 cable 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.
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 cable 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 where 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.

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, subparagraph (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.
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, subparagraph (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.

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.

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.

The Contracting States shall adopt as soon as possible procedures 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.

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.

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 of 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.

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 sub-regional bodies.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.