unesdoc.unesco.orgunesdoc.unesco.org/images/0006/000659/065951eo.pdf · i. introduction 1. the...

REGIONAL CONVENTION ON THE RECOGNITION OF STUDIES, DIPLOMAS AND DEGREES IN HIGHER EDUCATION

IN LATIN AMERICA AND THE CARIBBEAN

REGIONAL COMMITTEE Sixth session

(CRESALC, Caracas, 1-5 October 1984)

Final report

Unesco

PARIS, 30 April 1985 Original: Spanish and English

UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION



REGIONAL COMMITTEE

SIXTH SESSION

Caracas (Venezuela), 1-5 October 1984

I. INTRODUCTION

1. The sixth session of the Regional Committee for the Implementation of the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean, signed ir? Mexico City on 19 July 1974, was held from 1 to 5 October 1984. This session was convened in accordance with the recommendations made by the Committee at its fifth session.

2. The following Contracting States were represented as members of the Committee: Brazil, Chile, Coloqbia, Cuba, Ecuador, the Holy See, Mexico, Netherlands (Netherlands Antilles), Nicaragua, Suriname, Venezuela and Yugoslavia.

3. Under Rule 7 of the Committee's Rules of Procedure, Spain, which is not a Contracting State, was represented by an ob-server.

4. In addition, under the terms of Rule 7 of the Committee's Rules of Pro- cedure and Recommendation V.30 adopted by the Committee at its fifth session, the following international organizations - regional and subregional, governmental and non-governmental - were represented by observers: Office of the United Nations High Commissioner for Refugees, Ibero-American Bureau of Education (IABE), Organization of American States (OM), Andean Development Corporation (ADC), Andean Parliament and Inter-American Federation for Adult Education (IFAE) .

A full list of participants in the sixth session is contained in Annex II to this report.

5. Twenty-five delegates representing 12 Contracting States, one observer from Member States of Unesco and six observers from international organizations - regional and subregional, governmental and non-governmental - took part in the Committee's work.

6. The opening meeting of the session was held on 1 October 1984, being presided over by Her Excellency the Minister of Education of Venezuela, Professor Ruth Lerner de Almea who, speaking on behalf of the Government of Venezuela, expressed the hope that , despite the complexity of the problems encountered, the signatory States would overcome the obstacles and succeed in bringing the Convention into effective operation (Annex III). Mr Angel Trapero Ballestero , representing the Director-General of Unesco , also addressed the meeting (Annex IV), referring to the fact that the Mexico City Convention had provided an exariple which had been fol1owe.d in the preparation of the five regional conventions on the same subject adopted under the auspices of Unesco, and drawing attention to the innovative f eatures of those conventions, which now covered all the countries of the world. In his address, Mr Juan Carlos Tedesco, the Secretary of the Cormittee (Annex V), emphasized how helpful regional LntegrztiGi-. could be in meeting the challenges of scientific and technological development.

7. Having examined and adopted its agenda (Annex I), the Committee elected its Bureau in accordance with the prov.i.sions of Rule 5 of its Rules of Procediire.

8. The Committee unanimously elected as its Chairman Mr Rudy W.A. Naaldyk, the head of the delegation of the Netherlands (Netherlands Antilles). Mr Oscar Eduardo Bahamondes Gormaz , the delegate- of Chile, . ( c L I ~ likewise unanimously elected First Vice.-Chairman ünci Hrs Maria E. Levens, the delegate of Suriname, Second Vice-chairman. Dr Fidel Garofalo Laya, the delegate of YenPzuela, was elected Rapporteur.

- 2 -

9. acted as the Committee's secretariat.

Mr Juan Carlos Tedesco, Ms Ana Vila and Mr Jack Gerardi of CRESALC/Unesco

II. REPORT OF THE SECRETARIAT

10. The Secretary of the Cormnittee reported (Annex VI) on the work accom- plished since the fifth session in the light of the decisions and recommendations adopted at that session. He referred to the approaches made to countries which had not yet ratified the Convention, mentioning, inter alia, the resolution adopted by the Andean Parliament at its fourth regular session and a recommendation adopted at the Sixth Inter-American Education Conference, both of which had urged the countries of the region which had not yet ratified the Convention to do so. He also outlined proposals for a comparative study, to be based on national case-studies, of the national and international legislation in force, and the way it is applied, with regard to recognition in the States Parties to the Convention, and described the information activities carried out with a view to publicizing the areas covered by the Convention through the Committee's regular periodicals and special publications.

III. GENERAL DISCUSSION

11. The Committee then turned to item 3 of its agenda and heard reports from its members, dealing more particularly with the following fundamental aspects of the subject of the Convention: (a) conventions, agreements and other multilateral or bilateral legislation adopted; (b) bodies responsible for the implementation of conventions; (c) national legislation and regulations governing the recognition of studies and degrees in higher education; (d) recognition for the practice of a profession; (e) the usage of terms relating to this subject; (f) description of experience in regard to the recognition of partial studies; (g) evaluation of the implementation of the decisions and recommendations of the Committee; and (h) an analysis of specific problems relating to the implementation of the Convention.

12. First of all, the Mexican delegates reported on the work of the bodies legally empowered to award certificates and accord recognition and formal acceptance of higher studies in their country: the Federation, exercising these powers through the Secretariat for Public Education; the State governments, exercising them through the State institutions or universities; and decentralized bodies with specific powers for that purpose. A detailed account was given of the powers of the Independent National University of Mexico (Universidad Nacional Autonoma de Mexico (UNAM)), exercised through the Direcci6n General de Incorporacion y Validacion, which was responsible for the recognition and acceptance, for academic purposes only, of studies carried out in other educational institutions in Mexico or abroad. The Secretariat for Public Education and the Professions Directorate (Direccign General de Profesiones) were the bodies responsible for the official recognition of diplomas and degrees and the issue of 'professional licences'. Reference was made to the statistics in the report (Annex VII) concerning the qualifications recognized in Mexico in accordance with the provisions of the Regional Convention.

13. The Chilean delegate pointed out in his report (Annex VIII) that, so far as the bodies responsible for recognition in his country were concerned, a distinction had to be made between the recognition of diplomas and degrees awarded in countries signatory to treaties or conventions, and those awarded in countries not associated with Chile by such instruments. In the former

, - 3 -

A

c

case, the body responsible for recognition was the Ministry of Foreign Relations, subject to compliance with the requirements laid down in the appropriate treaties. In the latter case, the University of Chile was empowered, under the provisions of the Organic Law, to âcccpt or recognize a degree obtained abroad for the award of a Chilean one appropriate to a given field of study, whether or not it offered the course concerned itself. Registration with one of the professional associations was not a prerequisite for the practice of a profession. The University of Chile had recently been appointed the competent national body for applying the Mexico City Convention in the country.

14. The delegate of the Holy See referred in his report (Annex IX) to the legislation concerning the higher education centres coming under the authority of the Holy See and the body responsible for applying the Convention. He also gave a detailed account of the bilateral agreements existing between the Holy See and various Latin American and Caribbean countries.

15. The delegate of Colombia spoke of his concern that the provisions of the Convention should be brought into operation as quickly and effectively as possible. He also referred briefly to items 3 (a) and 3 (b) of the agenda, since those items were not dealt with in Colombia's present report (Annex X). In 1977, the government had appointed ICFES to be the national institution responsible for the recognition both of degrees awarded by countries signatory to the Convention and of those awarded by countries not signatory thereto, and a special office had been set up in it as the sole authority for the recognition or formal acceptance of studies. While ICFES was advised by the universities in the case of degrees or diplomas awarded by countries with which Colombia had no agreements, the final decision in such matters rested with it. Under the legislation governing the professions, Colombian or foreign professionals who had obtained degrees abroad could be admitted to practice, provided that such degrees were recognized in Colombia under the terms of the international conventions in force. That meant that admission to the practice of a profession was automatic on the basis of existing international commitments. He gave details of the important statistical tables contained in the report, which reflected the work done by ICFES in that regard since 1980, pointing out that, between that year and 31 July 1984, 789 degrees, representing 43 per cent of the total number, had been recognized.

After presenting an evaluation of the implementation of the Convention, he concluded that failure to afford full co-operation on the part of a number of countries was undermining its fundamental purpose. He therefore reminded the contracting countries of the need to step up their activities and redouble their efforts with a view to achieving the objectives set, if Colombia was not to have to reconsider its participation in the Convention.

16. The delegate of Suriname said that her country was determined to play a more active part in implementing the Convention ab ~ iiikans cL xhieving fuller integration in the region.

17. The Venezuelan delegation ccnfirmed that its country was prepared to put the Convention fully into effect and went on to explain, in presenting its report (Annex XI), that, since the date of its ratification of the Convention, Venezuela had encountered practical U U S C ~ C J L L diie to the rnmplexity of the national laws and regulations on the subject. Under the Law on Universities currently in force, the national Universities were the only authorities competent to deal with the acceptance of foreign university degrees and equivalences in respect of university stLCus and o~iier rorms of higher education.

- 4 -

It reported that discussions were currently beginning in the National Congress on the Higher Education Bill, which provided a good opportunity for proposing and promoting important changes in that matter.

18. The delegate of the Netherlands Antilles (Netherlands) reported that the Department of Education had been appointed by the Central Government to be the official body responsible for the recognition and formal acceptance of studies. The Department of Health and Environmental Affairs was the body officially responsible for the recognition of qualifications for the following professions: doctor, dentist, pharmacist and midwife.

19. The Yugoslav delegate presented his country's report (Annex XIII) which contained the required information. Particulars of the bilateral agreements signed by his country in connection with the conventions were included.

20. The Nicaraguan delegate emphasized that his country was putting the Convention into effect and described the main reforms being carried out 'in his country's educational system despite foreign aggression'.

21. The delegate of Ecuador stated that his country was faithfully and strictly complying with the arrangements deriving from the Mexico City Convention.

22. The delegate of Cuba reported that, since the date of the ratification of the Convention, his country had made substantial efforts to give full effect to the commitments thereby entered into. He referred to the legislation passed for that purpose, mentioning in particular a new Decision No. 15/83 which laid down the procedure for the recognition or formal acceptance of degrees and diplomas so as to enable their holders legally to practice a profession. He also referred to the national bodies responsible for the recognition of degrees, the Ministry of Higher Education being the body responsible for the implementation of the Mexico City Convention. He reiterated that his country was in favour of collaboration with the other countries of the region for the purpose of finding satisfactory solutions to the problems involved in putting the Convention into effect (Annex XIV).

23. The presentation of the national reports provided an opportunity for a wide-ranging discussion of various points, which led to a substantial and fruitful exchange of views.

24. In connection with item 3 (h) of the agenda, relating to the specific problems encountered in the implementation of the Convention, which was, by decision of the Bureau, considered sepazdrxly, a number of delegates said how very concerned they were at the slow rate of the Convention's advances and achievements. commitments made and consequently requested that every means possible be used to step up the efforts aimed at achieving the proposed objectives. One of the main obstacles to the implementation of the Convention was said tcj be the lack of responsible national bodies in several of the signatory States. A number of delegates emphasized the need for regular up-to-date information about the changes occurring in the higher education systems of the region, particularly those connected with thr! -cognition machinery. They also emphasized the need for a pooling of experience in the handling of cases requiring special attention. Some delegates pointed out that various clauses in the Convention itself were not clear and would necessiidte additional explanations if they were to be more effectively applied. Attention was drawn to the importance of securing, so far as possible, some measure of i ~ ~ f ~ - - ~ + ; ~ {n the main terms used in the implementation of the Convention so as to avoid confusion.

Some were dissatisfied with the failure to comply fully with the <i

- 5 -

25. With regard to item 5 of the agenda, the Committee welcomed the establishment of the committees for the implementation of the new conventions set up under Unesco's auspices and expressed the hope that the exchange of information and contacts with the above-mentioned committees would be stepped up as much as possible, so as to obtain a broader view of the matters arising in connection with the implementation of the conventions. It was also suggested that representatives of the above-mentioned committees should be invited to the forthcoming meetings and that the necessary steps should be taken to have representatives of the Committee for the Mexico City Convention invited to their future meetings.

IV. DECISIONS AND RECOMMENDATIONS

26. In the light of the foregoing, and in continuation of the decisj-ons taken at its fifth session, the Regional Committee unanimously adopted the following decisions and recommendations:

27. The Regional Committee decides as follows:

.4

VI-40. On the tenth anniversary of the adoption of the Mexico City Con- vention, the States Parties to that Convention, mindful of the importance of achieving the objectives stated therein for the purpose of improving the mobility of persons with higher education, and concerned at the persistence of certain obstacles that have prevented them from making the progress which they would have liked, decide to take all appropriate measures to implement the Convention in the most imaginative, speedy and effective way possible, and to make a particular effort during the coming year to :

set up on a permanent basis or develop the national bodies referred to in Article 9 of the Convention;

take the necessary steps at all levels to put national legislation and procedures into effect.

VI-41. The Secretariat shall, through the various means at its command, encourage the States of the region that have signed the Convention but have not yet ratified it to do all they can to expedite the appropriate constitutional procedures with a view to depositing the corresponding instruments of ratification as soon as possible.

VI-42. The Secretariat shall, through the various means at its command, urgently convey to the States invited to the Diplomatic Conference held in Mexico City in 1974 thai i l d v e iiot signed the Convention the appeal made by the Committee in its Decisions Nos. 1.6 and 111.32 that they exanine the possibility of signing it and depcsiting the instrument of ratification without delay.

VI-43. The Secretariat shall, through the various means at its command, urgently convey the Committee's .repeated invitation to the States of Latin America and the Caribbean which have corne into being since the Diplomatic Conference held for the mirpose of adopting the Convention, and which meet the conditions stipulated in Article 14, paragraph (b), thereof, to become Parties to the Convention (list appended to this report).

- 6 -

VI-44. The Contracting States shall forward the periodic national reports referred to by the Convention to the Secretariat, together with all the relevant documentation, not later than six months before the sessions of the Regional Committee, so that the Secretariat can reproduce, translate, analyse and distribute them in time.

28. The Regional Committee recommends:

VI-32. That the Contracting States expedite the conclusion of the bilateral, subregional or regional agreements or conventions referred to in Article 2, paragraph 2, of the Convention, with a view to the speedy attainment of its goals.

, VI-33. That attention be drawn again to the importance to be attached to the definition by the States of the characteristics of the various stages of education and the competencc of persons and that an appeal to.be made to the contracting countries to provide such definitions, inasmuch as they are a major factor in the implementation of the Convention.

VI-34. That both the Contracting States and the Secretariat continue to carry out studies which may make it possible to provide guidelines for the implementation of the Convention, with particular emphasis on such questions, among others, as the prospect of occupational changes and the evaluation of personal experience and achievement.

VI-35. That expression be given to its satisfaction that all States have now adopted conventions on the recognition of studies, diplomas and degrees in higher education which follow the guidelines laid down by the Mexico City Convention, and that the machinery for co-operation and collaboration between the various committees responsible for the implementation of the respective conventions is being strengthened, for which purpose it:

requests the Director-General of Unesco to encourage co-ordination of the work of the Regional Committees by whatever means he may be able to command;

invites the other committees to send representatives to its sessions ;

declares its firm intention to appoint representatives to attend the meetings of the committees to which it is invited and to assemble the necessary funds for this purpose;

calls upon the other Regional Committees for the most efficient arrangements possible to be made for the reciprocal exchange of the final reports of their meetings ax! ;nr!ndlc reports on the implementation of the other regional conventions, as well as any other relevant documentation.

VI-36. That both the States and the Secretariat embark on whatever studies and consultations they may consider appropriate with a view to updating the text of the Convention as and when necessary.

VI-37. That the Contracting States forward to the Secretariat at suitable times whatever informiti nn mrl documentation they may consider appropriate about any reforms being introduced into their higher education

-. 7 -

- ..

. 4-

systems, so that it may be publicized and may provide guidance for advisory and technical assistance services, particulxly in regard to the impl.ementation of the Convention.

VI-38. That the Contracting States increase exchanges of documentation and information on all the aspects of the implementation of the Con- vention, and particularly on such aspects as: (a) the national bodies responsible for the implementation of the Convention and their functions; (b) national legislation and practice; and (c) the main terms used; and that they also forward such documentation to the Secretariat for examination and distribution.

VI-39. That the Secretariat circulate as speedily as possible any Unesco publications available .which have a bearing on the Convention and its implemention.

VI-40. That the Secretariat encourage the compilation of information and the pooling of experience in connection with the problems encountered in the implementation of the Convention in the case of particular population groups.

VI-41. That the Member States do more to promote technical or specialized horizontal co-operation, through exchanges of specialists, in matters pertaining to the implementation of the Convention.

29. In regard to item 6 of the agenda, the Member States agreed to hold the next session of the Committee in 1986, leaving it to the Secretariat to issue the appropriate invitations. On the question of the venue of the meeting, the delegation of the Netherlands Antilles (Netherlands) proposed that the seventh session of the Regional Committee be held in their country.

30. The Regional Committee expressed its warmest gratitude to the Regional Centre for Higher Education in Latin America and the Caribbean (CRESALC) for the hospitable welcome extended to it and for the efficient organization, assistance and facilities provided for the holding of rhe sixth session of the Commit tee.

31. The Committee concluded the work of its sixth session by unanimously approving this final report. Lastly, the Chairman expressed his satisfaction with the work done by the Committee and declared the session closed.

A

- 8 -

List of the Member States which have come into being a L u ~ t : i9 JulV 1974

(Re: VI-43 page 5)

Antigua and Barbuda

Bahamas

Belize

D ouiini c a

Grenada

St. Christopher and Nevis

St. Vincent and the Grenadines

Saint Lucia

Sur in ame

15.07.1982

23.04.1981

10.05.1982

09.01.1979

17.02.1975

26.10.1983

15.02.1983

06.03.1980

16.07.1976

c

ANNEX I

AGENDA

1. Adoption of the agenda.

Annex I . . - .

A

2. Election of the Chairman, Vice-chairmen and Rapporteur.

3. Examination of the reports of the members of the Committee, with particular reference to:

(a) Conventions, agxeements and other multilateral and bilateral legislation on the recognition of degrees and diplomas awarded in higher education and of studies carried out abroad;

(b) The body or bodies in each country which are responsible for recognition , specifying their characteristics (whether ministries, universities or some other type of institution), their status (public or private) , the functions they perform (recognition, certification or evaluation) and the procedures which must be followed;

(cl National legislation and regulations governing the recognition of studies, degrees and diplomas, at both undergraduate and postgraduate level ;

(d) Responsible body, procedures and legal basis for admission to a profession, and immigration rules applicable to foreigners;

(e) Specification of the usage of the following terms in each country: convalidacion, revalidacien, revalida, incorporacion, reconicimiento, homologaci6n, equivalencia and any other terms relating to the subject;

(f) A description of experience in regard to the recognition of partial studies, together with any other conceptual or technical contributions on this problem;

(9) An evaluation of the implementation of decisions and recommendations adopted at previous sessions of the Committee, including an analysis of the difficulties encountered in the event of its having proved impossible to implement any of them;

(h) An evaluation of specific problems relating to the implementation of the Convention.

4. Working methods of the Committee:

(a) Procedure for the submission and examination of the periodic reports by States (Article 10.2 of the Convention);

(b) Establishment of national bodies: development and co-ordination of these bodies (Article 9 of the Convention);

(c) Studies to be prepared by the Secretariat (Article 10.2 of the Convent ion) .

Annex I - page 2 5. Co-ordination with the committees responsible for the implementation

of the otner conventions concluded under Unesco's auspices.

6. Suggestions regarding questions which should be included in the agenda of the next session, and its place and date.

Annex II

ANNEX II

LISTA DE PARTICIPANTES/LIST OF PARTICIPANTS/LISTE DES PARTICIPANTS

1. Estados Eliembros del Comité/Member States of the Committee/

Etats membres du Comité

BRA SI L/BFUZI L/BRE SI L

Sr. René P. de Mesquita Junior

COLOMBIA/COLOMBIE

Sr. Jairo Caicedo C.

Sr . Jos 6 Domingo Gon z&l e z

CUBA

Sr. Jorge Fernando Valdés A s h

-

CHILE/CHILI

Sr. Osczr E. Bahamondes Gormaz

ECUADOR/EQUATELJR

Sr. Franklin Bahamonde

Agregado Cultural , Rnbajada de Brasil, AV. San Juan Eosco, Esq. de 8a. Transversal , Altamira, Caracas (Vene meia)

Jefe, Oficina Internacional ICFES Institut0 Colombiano para el Foment0 de la Educaci6n Superior, Apartado .!&eo 6319, Bogota (Colombia)

Primer Secretario, Embajada de Colombia, AV. Principal El Parque con 3a. "ransv., &ta. Colombia, Campo Alegre, Caracas (Venezuela)

Director de la Asesoria Juridica, Ministerio de Educaci6n Superior, Calle 23, esquina AF, La Habana (Cuba)

Asesor Coordinador, Direccion General, Universidad de Chile, Avenida Bernard0 O'Higgins 1058, Santiago (Chile)

Winistro Consejero, Embajada de Sciiador, Centro hpresarial Andrés 3eii0, AV. -k~drks Bello, Sector fdaripérez, Caracas (Venezuela)

Annex II - page 2 MEXICO/MEXIQUE

Sr. Sergio Dominguez Vargas

' Sra. Idaria Heidi Pereffa de Espinasa

Sra. Pilar Garcia de Ibarra

Sr. &ancisco Valdés Trevino

Srta. Lue Elena Bueno Observador

NICARAGUA

Sr. José Ernest0 Barrios Vanegas

Sr. Rudy W.A. Naaldyk

Sra. Vilme maine Labega

Sr. Percy Pinedo

Director Generai Incorporacih y Revalidaci6n, Secretaria de Educa- cibn Nblica, Ani1 571, piso 9 O , México, D.F. (México)

Director General Incorporacih y Revalidacih, Universidad Nacionaï Aut6noma de México, Ciudad Univer- sitaria, MQxico, D.F. (México)

Jefe Departamento Revalidacion, üniversidad Nacional Autonoma de México, Ciudad Universitaria, México, D.F. (MéAco)

Agregado Culturd, Rnbajada de México, Edif. Centro Plaza, Torre A, Piao 11, AV. Francisco de Miranda, Los Palos Grandes, Caracas (Venezuela)

Agregada Diplomhtica, Rnbajada de México, Centro Plaza, Torre A, Piso 15, Los Paios Grandes, Caracas ( Vene zuei a)

Consejero, lhbajada de Nicaragua, Calle Codazzi, &ta. Teocal, Prados del Este, Caracas (Venezuela)

Director, Departamento de Enseffanza, Ministerio de Educaci6n, Cornelis Berchplein 7A, Curazao (Anti 11 as Neerl andes as ) Açesora Jurfdice y de Relaciones Internacionales, Departamento de Enseflanza, Ministerio de Educacibn, Cornelis Berchplein 7A, Curazao (Ant il 1 a8 Neerl andes as ) Asesor Ehcargado de Convalidaci6n de Diplonas Extra jeros, Departamento de Educacih, Ministerio de Educa- cion, Cornelis Berchplein 7A, Curaeao (Antillas Neeriandesas)

P

Excmo. Sr. Aàriano Bernadini

. Mons. Baltazar E. Porras Cardozo

Sr. Rafael Fernhdez Heres

Srta. Maria E, Levens

VENEZUELA

Sr. fidel Garofalo Laya

Sr. Héctor R. Tavere

Sra. Trinidad Galdona de Burelli

Sra. Yolanda di Geronimo de S h w Observador

\' Sr. Juan Gil Gil Observador

YUWSLAVIA/YOUGOSLAVIE

Sr. Juraj Ivcevic

Annex II - page 3 -.,

Encargado de Negocios ami. , Nunciatura Apostolica, AV. La Salle, Los Caobos, caracas (Venezuela)

Miembro de la Delegaci6n, Nunciatura Apost61icat AV. La Salle, Los Caobos, Caracas (Venezuela)

Profesor Universitario, Nunciatura Apostblica, AV. La Salle, Los Caobos, Caracas (Vene mela)

Miembro del Comité Nacional de Evalua- ci&, Ministerio de Education, Jessuruns traat 13-1 5 , Paramaribo (Suriname)

Director, Oficina Asuntos Internacio- nales, Ministerio de Educaci6n, Edif. Sede, Esq. de Salas, 4 O piso, Caracas ( Vene zuei a) Profesor, Consejo Nacional de üniver- sidades, AV. Urdaneta, Edif. Banco Italo-Venezolano, piso 4 O , Caracas ( Vene aueia) Coordinador de Asuntos Internacionales, Ministerio de Educacion, AV. Urdaneta, Edif, Sede, Esq. de Salas, 4 O piso, Caracas (Vene zueia)

Directora de Relaciones ïnternacio- nales , Fundayacucho F.G.M.A., Calle 3-B, Edif . Fundayacucho, La Urbina, Caracas (Vene mela)

Director Asistente de Relacioneç Internacionales, Fundayacucho F.G.M.A. Calle 3-B, Edif. F'undayacucho , La Urbina , Caracas (Venezuela)

fi-.-- - *-.=e jero , boajaaa Ce Yugoslavia, &ta. Maria, Primera AV. Campo Alegre, C3-z-aca.s 106rb I-.-;;irc;zueia)

Annex II - page 4 2. Observadores/Observers/Observateurs

A. Estados Miembros de la ünesco

Sr. Francisco Co M W o z Ehcargada de Estudios, Embajada de EspaPla, AV. Mohedano, La Castellana, caracas (Venezuela)

B. Organi zaciones Int ergubernamentales/Intergovernmental Organizations/ Organisations int er-gouvernementales

Sr. Ulrich von Blumenthal

Sr. Eduardo Rivas Casado

Sra. Mariadela Villanueva

Oficial de Protecci6n, Alto Comisio- nado de las Naciones Unidas para 106 Refugiados, ACNüR, AV. Rephblica 272, Lima (Pert)

Director Adjunto, Organizacih de los Estados Americanos, O U , Edif. Uni- versal, PH-C, AV. Urdaneta, Caracas (Venezuela)

Frogramador de Proyectos, Corporaci6n Andina de Fomento, CAF, AV. Luis Roche, Edif. Torre Central piso 8 O , Altamira, Caracas (Venezuela)

Co Orpnizaciones no Gubernamentales/Non Governmental Organizations/ Organisations non-gouvernementales

Sr. Josk R, Marrero Pérez

Sr. Silvio Llanos de La Hoz

Sr. Sebastik R. Diaz Ruiz

D. Secretaria/Secretary/Secréta.riat

Sr. Angel Trapero Ballestero

Sr. Juan Carlos Tedesco

Representante, Oficina de Educacibn Iberoamericana, OEI, Colegio Santiago de Leon de Caracas, AV. San Carlos, La moresta, Caracas (Venezuela)

Secretario de la Organizaci6n Federa- cion Interamericana de Educacibn de Adultos (F.I.D.E.A.), Apartado 4483, san Hartin, Caracas (Venezuela)

Secretario de Investigaciones Socio- Educativas, Federacih Interamericana ~

de Educacibn de Adultos (F.I.DmE.A.) , Apartado 4483, San Martin, Caracas (Venezuela)

Representante del Director General de la ünesco

Secretario del Comité, Director del Centro Regional ~ ~ ~ r - ~ i h n Superior para América Latina y el Caribe, Apdo. 62090, Edf. Asovincar, AV. Los Chorros, CI'UÜ~ con calle Acueducto, Altos de Sebuch, Caracas 1060

Annex II - page 5

.

Sr. Jack Gerardi

Sra. Ana Vila

Sra. Lina Coriat

Srta. M a d a Cristina Diaz

Asistente del Director del Centro Regional de EducaciOn Superior para América Latina y el Caribe

Asistente del Director del Centro Regional de Education Superior para P_m6rica Latina y el Caribe

Centro Regional para la EducaciOn Superior en América Latina y el Caribe/Iaiesco Caracas (Venezuela)

Centro Regional para la EducaciOn Superior en América Latina y el Caribe/Unesco Caracas (Venezuela)

Annex III

J

ANNEX III

OPENING MEETING

ty Professor Ruth Lerner de lmea Minister of Education of the Republic of Venezuela Opening address

Dr Angel Trapero, Representative of the Director-General of Unesco, Mrs Maria Eugenia Dengo de Vargas , Unesco Regional Co-ordinator , Dr Juan Carlos Tedesco, Director of CRESALC, Mr Rafael Hernandez Heres, former Minister of Education of Venezuela, Dr Alberto Drayer, Permanent Secretary of the National Universities Board, Dr Rivas Casado, Representative of the OAS, Distinguished Delegates of the Countries Signatories to the Convention, Distinguished Observers,

First of all, I have pleasure in bringing you the greetings of the President of the Republic, Dr Jaime Lusinchi, who has told me how interested he is in this meeting and has asked me to keep him fully informed about the important conclusions that will be reached here.

There is no doubt - as can be seen from the media today - about the importance attributed to the sixth session of the Committee for the Imple- mentation of the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean which is being held this week at CRESALC.

Those of us who have direct experience of these matters, not only as officials, but as parents or as persons concerned with the problems of young people, have daily evidence that this problem of the equivalence of diplomas and the recognition of degrees is becoming an obstacle to the democratization of higher education. I should like to refer to a case that has occurred in Venezuela and to point out that this problem is so complex that, even in such a large-scale programme as that run by the Fundaci& Gran Mariscal de Ayacucho, which is of international significance in terms of the number of scholarship students that Venezuela has sent to some 32 countries throughout the world, this country is having difficulties in regard to equivalence and recognition of diplomas and degrees despite its real need for such recognition, since it has sent these scholarship students to take courses abroad. This state of affairs gives an idea of the complexity of the problem both at the nationai level and at the regional or international level. For this reason, we were delighted to hear Dr Angel Trapero, the representative of the Director-General of Unesco, read an account cf the progress made in this matter in the different regions of the world.

In this connection, it is well to remind oiii-selves of what 'Learning to - be', a work which has virtiizl1.y become Unesco's Bible, has tc zü;- about the equivalence of diplomas and degrees since, rar from having ceased to be of' current interest, this is an issue which, on the contrarv, i s constantly presenting new difficulties and complexities. r,, LL,Ia reason, I should like to say how pieased I am that this distinguished group of specialists has gathered here to seek solutions to these problems. On the equivalence of

Annex III - page 2 diplomas, 'Learning to be' says the following: 'If we wish to encour'age student and teacher mobility, degrees and diplomas awarded by different higher educational establishments must steadily become equivalent to each other. It is essential, however, that equivalence between diplomas does not lead us to deduce that university programmes must be identical or uniform, which would inevitably slow down innovation and hamper the capacity of higher education to adapt itself to local or national conditions'. Given the complexity of t k h problem, it would appear that diplomas can only be made equivalent to each other in stages and that such an objective should be sought first of all at the regional level or.by way of agreement between groups of countries. This is in fact whnt is being done under Unesco's policy. Furthermore, it would seem appropriate to distinguish between the degree or diploma itself and the acquisition of the right to exercise a profession.

Other important subjects such as curriculum, teaching methods and equipment, educational research and the creation of information centres and data banks accessible to many people are also potentially significant means for international co-operation.

It is our hope that Venezuela, the Land of the Liberator, will provide a suitable environment for a broad-ranging discussion of ideas and that these ideas will pave the way for agreements on integration within the Latin American and Caribbean community. We are aware that, in view of the difficulties and complexity with which this subject is fraught, we have to go forward slowly yet surely. In these matters, we have to advance steadily, but without being over-hasty. We therefore hope that the discussions will be fruitful and that the delegates will devote themselves whole-heartedly to the task of removing and overcoming the obstacles which have so far prevented the full implementation of the conventions.

'.

I feel sure, Mr Representative of the Director-General - and I hope that you will be able to convey our greetings and good wishes to the Director- General - that this session will produce recommendations and suggestions which will constitute a major contribution to this task and will have to receive close attention frcm the countries signatory to the Convention.

In my capacity as Minister of Education, as a former official of Unesco, and as a friena and admirer of the Director-General, I here, in Venezuela, declare this session open and wish the delegates every success in their work. Thank you very much.

Annex IV

ANNEX IV

OPENING MEETING

Address by Dr Angel Trapero Representative of the Director-General of Unesco

Madam Minister of Education, Mr Chairman of the Regional Committee, Your Excellencies, Distinguished Delegates, Madam Co-ordinator, Ladies and Gentlemen,

It is an honour for me to convey to you the greetings of Mr Amadou-Mahtar M'Bow, the Director-General of Unesco, on the occasion of the sixth session of the Regional Committee for the Implementation of the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean.

It also gives me great pleasure to be here with you, Madam Minister, at this event, in the year which marks the tenth anniversary of the adoption of a Convention that has served as a model for the other regions of the world, just as you yourself so clearly intended when we were engaged in the difficult process of drafting the instruments. Without your steadfast support> this great goal could not have been achieved.

In point of fact, the Conference that adopted the Mexico City Convention on 19 July 1974 constituted a landmark in history. Several of the delegates who are here today honoured that Conference with their presence. It is a great pleasure to me, on this occasion, to be able to tell them that, since 15 December 1983, and in spite of the social and educational differences to be found between individual countries or groups of countries, all the world's States have adopted conventions similar in their general lines and dis- tinguishing features to those of the Convention by which the group of countries gathered here are bound.

The governments of Latin America and the Caribbean were so successful in determining the necessary conditions for enabling those engaged in higher education to move about more easily and for recognizing studies, degrees and skills, that the Mexico City Convention may rightly be said to have achieved a universal significance since the other regions have adopted the principles first set out by you.

The countries that you represent fully appreciated that the problem with which all of us here are concerned is unique, in that what is fundamentally involved is the possibility zf helping more and more men and women, with their different social and professional backgrounds, to find satisfûctory places in a ïapidiy developing society, by taking fuller advan'iaze of all their capabilities.

For this reason, I am pleased to pay a public tribute here to the govern- nents of Latin America and +ha rarihhr*ln f-r -11 :Li; 2:; i i I the preparation of the Mexico City Convention which, by serving as an example, has paved the way for the subsequent adoption of the following international instruments:

International Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab and European States bordering on the hiediterranean (Nice, France, 17 December 1976);

Convention on the Recognition of Studies, Diplomas and Degrees in Higher "uducation in the Arab States (Paris, 22 December 1978);

Cor=ren+ion on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region (Paris, 2i December 1979);

-.- pficiond. 0- Convention on the Recognition of Studies, Certificates, 31?lcmas, Degrees and other Academic Qualifications in Higher Education in the African States, adopted at Arusha on 5 December 1981;

F2.gionr-l Convention on the Recognition of Studies, Diplomas and Degrees In riigher Education in Asia and the Pacific (Bangkok, 16 December 1983.).

T ~ E universal dlmensioil that the Mexico City Convention has finally taken on makes the sixth session of the Regional Committee for its implementation specially significant.

Zf the distixguished delegates here present thought fit, it might provide 2 szitable o?portu?ity for giving even more impetus to the inplenentation of the activities connected with the Convention, with the repercussions that this ~i$-it brizig viih it not only in this region but in all the other regions too.

9% innovzfive approaches underlying the Convention open up new avenues 2pr 5nYorxtional co-operation in this field. The main task of the Committee is to diclcle m t5e ways and iaeans of putting those new approaches into ;zactlce. Unesco is -,repared to give proper priority to the decisions you are 2;CJii.g to teke with a view to ensuring that the Mexico City Convention is ir~plem~a+ed zorp, effectively.

In the certain knowledge that you will be equal to such an important task, I wish you, ladies and gentlemen, on behalf of the Director-General cf iJn2sc0, every success in your work.

Annex V

.

ANNEX V

OPENING MEETING

Address by Mr Juan Carlos Tedesco

in Latin America and the Caribbean Acting Director of the Regional Centre for Higher Education

On behalf of Mr Amadou-Mahtar M'Bow, the Director-General of Uzrn;co2 I should like to welcome you most cordially to Unesco's Regional Ce2trc. C:;r Higher Education in Latin America and the Caribbean (CRESALC) on the occaJ:ioTi of the sixth session of the Regional Committee for the Implementatioc of tiis Regional Convention on the Recognition of Studies, Diplomas and Degïses in Higher Education in Latin America and the Caribbean.

The mobility of highly qualified human resources has become one of Lhe nost significant aspects of the regional integration process. F;OZCQV<~, ~ii2-s process is of especial importance in the present historical circumtancss.

Regional integration is a permanently valid political cbj ectLve in, Lztli. America and the Caribbean. From the very dawn of our nations' independence, integration was envisaged as one of the most ambitious goals and - ~t the s a w time - as one of the most effective paths to the attainment cf our natiorial objectives.

Today, this permanent objective is being expressed in new and original ways. On the one hand, the constraints imposed by the international EFIzancizL crisis have encouraged the adoption of integrative approaches capable :j?: pro-. viding a collective solution to common problems. On the other, it is bxouiim; increasingly evident that the challenges of scientific anù t5chnologFca.l da- velopment have to be taken up collectively. In this respect, all the analysts agree that Latin America and the Caribbean, taken as a whole, has ût Its disposal a wealth of local scientific and technical talent. One of the major contributions that education can make to the promotion of a process of balanced social development is to facilitate the mobility and use O € such resources, through regional co-operation programmes in the field of highez education, scientific research, postgraduate courses, etc.

In this context, the Regional Convention on the Recognition of StudiesJ Diplomas and Degrees in Ziigller Education in Latin America and the Caribbean 2;; a suitable instrument for the furtherance of the objectives stated. Sinm L'?LE signature of the Convention in Kexico City in 1974, substantial progrss:, hiA:; been made in its implementation.

Unesco, for its part, has systematically co-operated with the auc:iorici.es responsible for the Convention, both by providing support for the Regional Committee through the Secretariat services performed for it via CRZSALC, zd. by carrying out studies and publicizing their results among the countries 0': the region.

The full implementation of the Convention obviously presents a variety of problems.

Annex V - page 2 The session that is opening today will undoubtedly be of great importance

in the analysis and soI.vi.ng of these problems. The improvement and constant adaptation of these instruments is a responsibility and a challenge facing us all.

I wish the members of the Committee every success in the performance of their task.

,

Annex VI

ANNEX VI

SUMMARY OF THE REPORT ON ACTIVITIES PRESENTED BY THE SECRETARY OF THE REGIONAL COMMITTEE FOR THE IMPLEMENTATION OF THE

REGIONAL CONVENTION ON THE RECOGNITION OF STUDIES, DIPLOMAS AND DEGREES IN HIGHER EDUCATION IN LATIN AMERICA AND THE CARIBBEAN

Activities in the period 1983-1984

The Secretariat of the Committee, for which CRESALC has been responsible since 1980, has carried out the distribution and information activities called for by the Rules of Procedure of the Regiona1,Convention and the decisions and recommendations adopted by the Committee at its fifth session, held in Caracas from 22 to 26 November 1982.

In pursuance of Decisions V.38 and V.39 on ratification or accession by Latin American and Caribbean States, the Secretariat has made various approaches to the governments of the States which are not Parties to the Convention, urging them to accede to this important instrument of co-operation. The principal steps taken in this connection are described below:

(a) Ar gent ina

The Argentine authorities have expressed their government's interest in the Convention, in view alike of its importance as a means of integration and of its usefulness in connection with the policy of repatriating Argentine citizens who have received or extended their higher education in countries that are Parties to the Convention. Approaches have been made to the authorities of the Ministry of Foreign Relations and the International Relations Commission of the Chamber of Senators of the Argentine Republic, with a view to promoting ratification of the Convention. According to the information available, a special commission has now been set up and is engaged in the necessary consultations, and a decision is expected in the near future.

(b) Peru and Bolivia

At the fourth regular session of the Andean Parliament, held in Lima in May 1984, a resolution was adopted urging those countries of the subregion which have not yet ratified the Convention to do so at the earliest opportunity. In this connection, full information has been sent to Bolivia and Peru, the countries of the subregion that have not ratified the Convention, so that they may formally become parties to the instrument, and also to the General Secretariat of the Andean Parliament so that it may lend its co-operation in this matter.

(c) Nicaragua

Nicaragua has acceded to the CoîrVentfnn: having ratified it in 1983.

(d) Sixth Inter-American Conference on Musical Education

The final report of the Sixth Inter-American Conference on Musical Education, held in May 1983, expressed the wish that the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in

Annex VI - page 2 Latin America and the Caribbean, signed in Mexico City in 1974, should'be ratified by all the signatory ccir;;~::~~ and that Canada and the United States of America should accede thereto.

With regard to Recommendations V.22 and V.23, a study has been carried out on 'bilateral and multilateral agreements on the recognition of studies and diplomas in higher education in Latin America and the Caribbean', in which an analysis was made of the domestic legislation of two parties to the Convention, namely Colombia and Venezuela. This study has helped in assessing the significant difficulties involved in obtaining comprehensive information for a full comparative study on the harmonization of international legislation and the domestic legislation of the countries that are Parties to the Convention. In this connection, it was considered more appropriate to adopt a strategy based on the carrying out of case-studies by national teams, following a common scheme, which will subsequently enable CREÇALC to produce a consolidated comparative report on the region as a whole.

The central aim of this inquiry will be to analyse the legislation in regard to the recognition of studies, degrees and diplomas in higher education in force in the States Parties to the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean, and the way it is applied, in relation both to the commencement or continuation of studies and to the practice of a profession. In this respect, the study has three specific goals:

1. To codify the existing international and national legislation in force on the recognition of studies, degrees and diplomas.

2. To analyse the compatibility of existing international and national legislation.

3. To analyse the administrative procedures and practices for putting the existing legislation on the recognition of studies into force.

It has been proposed that the content of each national study should be set out in

1.

2.

2.1

2.1.1

2.1.2

2.2

2.2.1

2.2.2

2.2.3

2.2.4

2.2.5

accordance with the following scheme:

Introduction.

Legislation.

International legislation in force.

Bilateral agreements.

Multilateral agreements.

Domestic legislation in force.

Law on higher education cr equivalent legislation.

Regulations concerning certification based on recognition or equivalences, .

Extension of certification.

LegraiaLiOn on the practice of the professions.

ï.eP3siat-l- n- nrnfncriqnal associations and bodies.

2.3

2.3.1

2.3.2

3.

3.1

3.1.1

3.1.2

3.2

3.2.1

3.2.2

3.2.3

3.2.4

3.2.5

3.2.6

4.

Annex VI - page 3 The degree of harmonization between national legislation and international legislation.

Legal rel.ationship between international legislation and national legislation.

Incorporation of international legislation on the recognition of degrees and diplomas and of laws and regulations on recognition in national legislation.

Administrative practices and procedures.

Bodies involved in certification based either on recognition or on equivalences. (1) ,

Legal provisions.

Relationship and ranking of the various recognition authorities.

Procedures.

Authentications.

Payment: of fees.

Administrative formalities.

Average lapse of time.

Differences in procedures for nationals and foreigners.

Real extent of recognition.

Final considerations and conclusions.

#

The Secretariat has been working constantly to publicize the Convention among the different institutions connected with higher education in the region through conferences and- the publica5ion of special papers and,its ins Lormat ion periodicals, the Boletin de Educacion Superior and the Boletin de ResGmenes. Issue No. 11 of Educacion Superior püblished the decisions and recommendations of the fifth session of the Committee as well as a bibliography on the subject of recognition. The bibliography has been updated for this sixth session. The Secretariat also distributed the final report of the Committee's fifth session widely among the Member States of the region and the other committees for the implementation of conventions on recognition concluded under Unesco's auspices.

(1) These include ministries of education, university councils or boards of vice-chancellors, universities and professional bodies and associations.

Annex VI - page 4 The Secretariat has also served as a channel of information far the

States Parties to the Convention to help in clarifying and solving any problems connected with its implementation. It has likewise prepared a questionnaire to assist the States Parties to the Convention in presenting their national reports to the sessions of the Committee. In pursuance of Recom- mendation V.30, it issued invitations to the governmental and non-governmental international organizations listed in Annex IV to the report of the Com- mittee's fifth session.

Caracas, September 1984

Annex VI1

ANNEX VI1

REPORT BY MEXICO TO THE SIXTH SESSION OF THE FtEGIONAL COMMITTEE FOR THE IMPLEMENTATION OF THE REGIONAL CONVENTION ON THE RECOGNITION OF STUDIES,

DIPLOMAS AND DEGWES IN HIGHER EDUCATION IN LATIN AMERICA AND THE CARIBBEAN

in compliance with Recommendations V.24 and V.28 of the fifth session of the Regional Committee for the Implementation of the Convention on the Recog- nition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean, held in the city of Caracas, in the Republic of Venezuela, from 22 to 26 November 1982, Mexico hereby submits its report to the sixth session, setting forth in greater detail some views already expressed in previous reports, and briefly describing the educational advances made in our country.

In this context, it should be noted that, shortly after the end of the fifth session, on 1 December 1982, Mr Miguel de la Madrid Hurtado took office as the Chief of the Federal Executive and that, with a view to further strengthening the fundamental principles set forth in the Political Consti- tution, he has promoted the integration of the National System of Democratic Planning by putting forward the 1983-1988 National Development Plan.

Under the heading of social policy, thiçplan makes noteworthy provision for putting into effect the strategy relating to education, culture, recreation and sport, the fundamental objective of which is to carry out a whole group of activities that will make it possible to bring the country's educational and cultural conditions more closely into line with the fundamental principles set forth in Article 3 of the Constitution.

Of these, the following may be singled out as closely connected with the Convention (1) :

the improvement of academic standards, with particular reference to training, further training and refresher courses for teachers and the re- organization of the teacher-training system;

the rationalization of enrolments in senior high-school and higher education ;

the promotion of technological education; and

the co-ordination of the technological and university education system with the country's needs.

So far as the first point is concerned, the National Programme for Education, Culture, Recreation and Sport for 1984-1988 covers services for the training Of teachers for pre-school, priniary, secondary and special education and the provision of refresher training and further training for teachers in service.

(1) Article 2.1. 'The Contracting States declare their intention: .-. (b) to strive at regional level for the continuous improvement of the curricula which, together with appropriate planning and organiz-tion, will contribute to the optimum use of the training resources of the region'.

Annex VI1 - page 2 Until now, pre-school and primary-school teachers have been trained by means

of courses lasting four years after completion of secondary education. Secondary- school teachers are trained in higher teacher-training institutions, after completing the training course for primary-school, pre-school or physical education teachers.

Graduates of the higher teacher-training institutions have been teaching in the various types of secondary schools, the basic teacher-training institutions, the vocational schools and the technical schools.

The training courses for special education teachers train teachers.to work with persons who, on account of a.physica1 or mental handicap, present difficulties in the teaching/learning process. Such courses are available to elementary and basic secondary-school teachers already in service and to school-leavers with the secondary-school leaving certificate.

The Universidad Pedagogica Nacional offers undergraduate and postgraduate courses on an on-campus basis and through the Distance Education System (SEAD). The first form of education offers licenciatura degree courses in six branches of study and two master's degree courses at postgraduate level. The potential licenciatura students are school-leavers with the secondary-school leaving certificate (Bachillerato) and graduates from the basic teacher-training course. The potential postgraduate students are graduates from the higher teacher- training course and persons holding the licenciatura degree.

The SEAD prepares students for'licenciatura degrees in basic education and physical education and, at postgraduate level, offers specialized courses on an 'open university' basis. This service.is provided at 74 establishments located throughout the country.

Initial and further training programmes are provided in conjunction with the respective operational areas and the 'Decentralized Educational services' ünits. They take the form of Saturday courses or intensive courses organized during the months of July and August, and of short courses lasting one or two weeks.

So far as teacher training is concerned, the aim of the programme is to institute a comprehensive teacher-training system for students holding the bachillerato (secondary school-leaving certificate); to raise the educational standard of teachers; to adapt the teacher-training curriculum to the requirements of the services in which the teachers will work, to rationalize enrolments in teacher-training institutions in line with the anticipated demand €or teachers at the different levels of education, and to provide further training and refresher training for teachers in accordance with the educational requirements of their particular teaching assignments.

Furthermore, the Universidad Pedagôgica Nacional is to offer degree courses (licenciatura) for teachers in service through.the 'open university' system.

d

The management of the teacher-training services is to be transferred to the States. The first stage in this decentalization will involve restructuring teacher training and adapting it to the circumstances of the States, regions and local communities.

Annex VI1 - page 3 Syllabuses and curricula will be drawn up, in collaboration with the appro-

priate authorities, to ensure a scientific, technological and cultural education and educational training of the highest standard. Subsequently, a comprehensive teacher-training system will be introduced and applied.

The training of special education teachers will be constantly evaluated, and criteria and policies that will allow of speedy and more effective development of their abilities will be proposed.

Refresher training and further training programmes for teachers will be introduced, geared to the needs of serving teachers and consequently related to the requirements of the educational process.

Research programmes on the problems of the national education system will be developed as a part of the Comprehensive teacher-training system.

It is hoped that by 1988 or thereabout, the comprehensive system for training teachers at degree and postgraduate levels will be introduced.

The structure of the student-teacher intake will be adapted to bring it into line with the needs of the educational system in the different services.

The number of refresher-training courses will be increased so as to cater for 30,000 school heads between 1984 and 1988 and to ensure that all serving teachers attend at least one training or refresher course.

A scheme will be introduced whereby serving teachers can obtain the licenciatura degree; and 735,000 support publications for teachers will be prepared, printed and distributed in the period 1984-1988.

In regard to the reorientat5on of the universkty educqttan çystem,'St may be mentioned that this system comprises two subsystems: the senior high-school system and the higher education system. The senior high-school stage comes after secondary education and precedes professional education at a university. It is provided through two-year and three-year programmes. Several different programmes of study are available. On the one hand, there is the bachillerato, primarily aimed at university entrance, available at the public universities, the federally assisted pre-university colleges, and pxivate educational institutions. On the other hand, the Colegio de Ciencias y Humanidades, founded in 1972, and the Colegio de Bachilleres, founded in 1973, provide both pre- university courses and final school-leaving courses.

The university higher education subsystem comprises the various services provided by the ,public and private universities. The Federation provides most of the funds €or the public universities, which are independent bodies corporate engaged in the training of qualified human resources and the conduct of research.

.

iI

In this connection, it is hoped, between 1984 and 1988, gradually-to bring new approaches and standards into effect so as to improve the quality of university teaching and research; to raise the academic and teaching standards of university teachers; to develop a system of senior high-school education with its own distinctive, uniform organizational set-up and content, and to improve the choice of subiects available in the terminal courses; to rationalize the intake structure, encouraging more students to go in for the natural sciences

Annex VïI' - page 4 and engineering; to promote and strengthen the links between teaching and research; to spread knowledge of both science and the humanities more widely; to help in tying the functions of higher education in with society's needs; to promote and support the development of a regionalized scheme of university-based higher education and scientific research; and to link the university education system with the technological system.

Y Efforts will similarly be made to apply approaches and standards which

will improve the quality of higher education. A redirection of the flow of students into higher education so as to rationalize the pattern of enrolments by areas of study will be encouraged.

! Endeavours will be made to ensure that institutions of higher education respond to the requirements of the production system and the social environment in the development of scientific, technological and humanistic learning.

Measures for the introduction and strengthening of a 'teacher-researcher' category for teachers in service will be encouraged. Links between teaching and research will be fostered, so as to promote interaction between the two fields.

An effort will be made to promote the introduction of unified syllabuses and programmes of study at the senior high-school level, clearly defining their educative function and improving the range of terminal courses of study.

The curricular changes needed to bring higher education into line with the requirements of social development will be encouraged.

Inter-institutional co-ordination with regard to extension.work and pub- lishing will be promoted, so that people may be more widely acquainted with science, technology and culture.

The work being done by the State universities with-the object of eçtablish- ing a regional higher education system will receive support.

Administrative changes that will optimize resources and increase the efficiency of institutions of higher education will be encouraged.

Criteria that take into account the efforts made to achieve quality and efficiency will be established for the allocation of financial resources.

Measures aimed at strengthening the links between university institutions and technological colleges in the fields of teaching and research will be encouraged.

Without detracting from the independence of the universities, it is planned to achieve the following goals by 1988:

to set up and operate a system of standards and criteria that will promote the gradual improvement of the quality of university education;

to reconcile quality with quantity, through the introduction and development of teaching methods geared to large enrolments;

Annex VI1 - page 5

U

to establish a system for providing information and refresher training for university teachers, both in the subjects which they teach and in educational methods; to increase the number of full-time teachers to 40 per cent of the total and the number of half-time teachers to 25 per cent of the total, to reduce the number of lecturers paid by the hour to 35 per cent of the total and to raise the number of course teachers with postgraduate qualifications to 6,500;

to develop machinery 'that will provide opportunities for linking teaching and research;

to introduce a curricular structure at the senior high-school level providing syllabuses and programmes with a minimum common core, and to improve the range of subjects available in the terminal courses;

to put a refresher and further-training programme for teachers into effect, at the senior high-school level and to endeavour to ensure that teachers hold at ,least the licenciatura degree;

to develop a vocational guidance system seeking to move beyond the tra- ditional psychologically based approach and the level at which vocational guidance has so far been available;

to provide senior high-school and university education for 1.6 million students ;

to move towards an enrolment structure at the level of the licenciatura degree in which a'.significant proportion of the students will follow courses in agriculture and stockrearing, the natural and exact sciences, and engineering; by 1988, the total enrolment for the licenciatura degree in the university system will be 1.2 million;

to ensure that public institutions of higher education have at least a general library for use in study and research, with sufficient qualified staff for itsoperafionand a minimum of four books per student;

to improve the links between the universities and the production system, with a view to fostering inter-communication between the two; and

to lay the foundations for a regional system of higher education by 1988 ox thereabouts, with due regard for the sovereignty of the States and the independence of the universities; the necessary conditions for this are endorsed in the objectives of the National Plan for Higher Education and are described in greater detail in the chapter on decentralized bodies.

The impetus given to the system of technological education is a response to the demands for specialized technical personnel felt in the country. Such education is provided at the dual-purpose senior high-school level, the terminal senior high-school level and the higher education level, and covers the industry and services sectoxs, farming, forestry and the marine sciences. It comprises the following forms of education:

At the senior high-school level, the dull-surpose course enables graduates either to go straight into the labour market as professional technicians or to proceed to higher education. Educational services of this kind are provided through the Centros de Bachillerato Tecnologica Industrial (CBTI),

Annex VI1 - page 6 the Centros de Bachillerato Tecnologico'Agropecuario (CBTA) and the Centros de Bachillerato Tecnologico del Mar (CET-MAR). They are also provided at a number of higher technological institutes and at the National Polytechnic Institute (IPN) .

The terminal course at the senior high-school level is provided at the Centros de Estudios Tecnologicos (CET), through the National College for Technical Vocational Education (CONALEP), and at a number of public universities and private institutions.

Technological education at the higher education level is provided through the National. Polytechnic Institute (IPN) and, in the federative subdivisions , by .51. institutes covering the industrial and services sectors, 27 institutes dealing with farming and .forestry, and a further two providing courses in the marine sciences.

- If the development of technological education is to gather momentum, the quality of the educational services provided must be improved, with greater emphasis on the all-round education of the students and on teacher training. The system of technological education must also be rationally expanded in accordance with the demands for human resources arising out of national development. Technological education needs to be organized on a regional basis and steps must be taken to co-ordinate it with the university institutions. The infrastructure must be better used and fuller advantage taken of it, and schools must be encouraged to provide themselves with their own equipment. The administrative efficiency of technological education needs to be improved and a distinctive schedule of requirements for the bachillerato tecnologico ('technological school-leaving certificate') needs to be developed.

The curricula and syllabuses in the terminal classes of the senior high school should be designed to turn out professional technicians who are suitably prepared for productive work. The links between technological education and the production system need to be strengthened and there should be closer, more vital links between teaching and research.

Publicity machinery also needs to be brought into play, so that society as a whole may be made aware of the characteristics and advantages of technological education and brought to appreciate them, thus showing people that such education has much to recommend it. And the support services for technological education at all levels need to be extended.

If the above-mentioned objectives are to be achieved, the work done under this programme should be based on systematic research to establish the demand for technically qiialified personnel. To this end, measures will be taken to promote the bachillerato tecnologico, with emghasis on the terminal option and encouragement for students to go in for technical subjects. With this in view, the curricula and syllabuses for the bachillerato will be reformulated to give more importance to the common-core subjects.

The policy of adminstering the bachillerato tecnologico as a system separate from the regional technological institutes will be continued. . .

With a view to improving standards, rules for the selection of candidates will be drawn up.

Training programmes and refresher courses for teachers preparing students for the bachillerato tecnologico will be promoted. The new technological education establishments will be located in the areas for priority economic development designated in the National Development

P

Annex VII - page 7 Plan and will provide courses and specializedtrainingdesigned to meet the requirements of the different production sectors. In the course of the next few years, the number of students enrolling in technological education should increase significantly over past enrolment figures.

Institutions of higher technological education will be established where- ever the demand warrants it, while the use of the existing infrastructure will be extended and improved.

Links between the technological education establishments and the production sector will be promoted with a view to carrying out activities of interest to both.

The establishment of inter-institutiona1.agreements calculated to lead to better use of resources will be promoted.

The conclusion of regional agreements between institutions of higher education will be encouraged, with a view to facilitating the pooling of resources and promoting,more integrated activities that reflect common policies and ob jectiveç .

A permanent system for updating curricula and syllabuses will be introduced.

Emphasis will be placed on teacher training, with preference being given to courses of study in national institutions.

It is expected that, by 1988, the system of technological education will be catering for 625,000 bachillerato students, 696,000 students taking terminal courses in senior high schools, and 293,000 undergraduates. Further goals set in this connection are:

to carry out a programme under which establishments will provide themselves with their owi? equipment;

to institute a permanent system for revising and updating curricula and syllabuses in the different fields of study;

to redesign the bachillerato tecnologico;

to ensure that 100 per cent of the senior high-school teachers dealing with academic subjects and 70 per cent of those dealing with non-academic subjects, such as workshop and laboratory instruction, are graduates holding the licenciatura ;

to promote the training of highly qualified teachers through a fellowship programme, aimed at ensuring that 30 per cent of the teachers working in higher technological education establishments have postgraduate qualifications;

to increase the proportion of full-time teachers;

to see that libraries hold a minimum of,four books per student, and to improve and diversify the services available in the libraries of the schools of the system;

Annex VII - page 8 to promote better links between teaching and research;

to set up programmes for associating the higher technological education system with the public and private sectors of society, in accordance with the priority needs of each, and to bring them into effect during the period 1984-1988; all the schools will have programmes aimed at estab- ,lishing links with the production sector;

to locate the new technological education establishments in the priority areas designated in the National Development Plan, and to meet the requirements of the different production sectors by the training offered in specialized subjects and skills;

to enter into co-ordination agreements and programmes with the institutions of the university system;

Lastly, the objectives of the measures to be taken to relate technological and university research to the needs sf the country are as follows:

to promote research in science, technology and the humanities on the basis of the priorities set in the National Development Plan;

to promote and strengthen the decentralization of research and postgraduate studies and to adapt them to State and regional needs;

to promote links between teaching and research in the institutions of higher education, and to promote co-ordination of the efforts of the universities and the institutions of higher technological education;

to promote the definition of criteria and standards for the organization and development of postgraduate studies.

This programme will have to be carried out with all due.regard for pre- serving the independence of the universities.

Under a regionalization scheme, a policy for promoting postgraduate programmes and research projects will be developed.

The adoption of standards and criteria making it possible to achieve levels of excellence in postgraduate studies will be promoted.

With due regard for national priorities, an effort will be made to ensure that research is directed to the generation of technology primarily concerned with the production of capital goods, the formation of reserves of strategic materials and substances, and the production of goods designed to meet the basic needs of the population.

The establishment of regional or State research centres, with the co- ordinated participation of universities and institutions of higher technological education, will be promoted.

t

Schemes for inter-institutional co-operation in the use of research equipment and laboratories will be promoted. A detailed survey of the infrastructure available in the institutions of higher education for scientific and technological research and research in the humanities will also be carried out.

Annex VI1 - page 9 The goals for 1988 are to achieve an enrolment of 60,000 postgraduate

students, and to establish a national postgraduate programme concentrating specifically on high academic standards. In the development of new syllabuses and curricula, resources will be channelled, on a priority basis, to institutions with a minimum research capability, thereby guaranteeing that research and teaching will be associated.

Furthermore, with a view to supporting technological education, it is intended :

to lay the foundations for a National System of Professional Researchers which will give an impetus, first of all, to research in the institutions of higher education of the States;

to advance the.decentra1ization of research by strengthening the research establishments in the States; and to found other research establishments in which the universities and technological education institutions will play a part. These centres will undertake research in areas of specific importance for each region;

to establish regional research centres in which the universities and technological education institutions will play a part;

to establish, by 1988, four regional centres for the maintenance and design of equipment to provide support for research;

to promote the establishment of a national centre for lending out scientific journals;

to encourage the production of programmes to spread information about science, technology and the humanities on the part of institutions of higher education, through increased production of textbooks, journals, radio and television programmes, etc.

DEFINITIONS

As this report is intended to provide a.genera1 description both of the legal rules and of the methods and criteria followed as regards the recognition of studies pursued abroad, the terms generally used in the National Education System (2) are defined below.

CONVALIDACION The term convalidacion, which is, in many cases, conventionally used in

the context of international relations to denote the recognition by one country of courses of study followed and recognized in another country, does not have the same meaning in our educational system, where it signifies the formal acceptance of subjects which were included in a discontinued course of study in place of the subjects specified in accordance with the current syllabuses

(2) This comprises the education provided by the State, by decentralized State bodies and by private bodies whose courses of study are duly authorized or have been officially recognized.

Annex Vi1 - page 10 and curricula in force, in the case of a person who has not completed the required studies.

This procedure is adopted by the Secretariat for Public Education in connection with primary and secondary education and teacher training since, under the legislation in force,($) the federal authorities alone are empowered to draw up such syllabuses and curricula for the entire Republic.

REVALIDACION ..

Under the Federal Education Act, revalidacidn means the official acceptance of studies pursued in institutions that do not form part of the National Education System. (4)

To 'revalidate' thus means to renew or confirm the validity of qualifications, but the procedure has come to be so widely used in the educational system that it goes beyond the limits laid down by the Act.

It may be said that the situation in our country with regard to the terminology used in much legislation, such as the Education Acts of the State governments, is still as reported to the Regional Committee at its fourth session, few laws having been amended since then.

In this context, it should be noted that, in such legislation, the term 'revalidation' is commonly confused with the term 'equivalence', since the amendment of the term 'National Education System' to 'State Education System' in the relevant texts does not mean that courses of study followed outside the jurisdiction of the State in question but within the Mexican'Republic and in accordance with the provisions of Article 19 of the Federal Education Act, are not to be accepted in accordance with the terms of Article 23(5) of that Act.

As already remarked, the term 'equivalence' is really applicable in such cases, although only with reference to courses of study differing from those offered in primary and secondary education and teacher training but covered by the terms of the footnote.

The following are some examples:

EDUCATION ACT FOR THE STATE OF SINALOA

Chapter XII. Concerning the Authorization, Official Recognition and Official Acceptance (Revalidacih) of Studies.

(3) Federal Edilsation Act. article 25, Section .III. (4) Ibid. Artïcle 61. (5) The State, decentralized State agencies and private bodies whose courses

of study are officially recognized shall issue certificates and award diplomas, degrees or other academic qualifications to such persons as have :x;;?leted secondary education or followed courses of higher education, in accordance with the requirements laid down in the appropriate programmes of study. Such certificates, diplomas, degrees or other qualirications shall be accepted throughout the Republic.

'. .

Annex VIT - page 11 __ . 28 - Article 92. ' Official acceptance (revalidacion) fs.tudies-denoEes-the

power of the State to accept as valid and establish equivalences for courses of study followed by any person in institutions that do nzform part of--the State Education System'. - ~

-.d - . STATE EDUCATION ACT OF THE FREE AND SOVEREIGN STATE OF VERaCRUZ

Chapter VII. Official Validity and Acceptance (revalidacion) of Studies.

Article 35. Official acceptance (revalidacion) is the procedure whereby the State officially accepts as valid within its territory courses of study pursued in institutions under the authority of the Federation, the States or the municipalities.

Article 36. Official acceptance (revalidacion) shall be granted with respect to levels of education, school grades or subjects studied;- provirded35atTuch studies are equivalent to those offered within the State Education System.

PUBLIC EDUCATION ACT OF THE STATE OF GUANAJUATO

Chapter VII. Official Validity of Studies.

Article 51. official acceptance (revalidacion) denotes the official acceptance of studies pursued in institutions that do not form part of the State Edu- cation System.

EQUIVALENCIA

The Federal Education Act does not define equivalence, although it does state that studies pursued within the National Education System may be declared equivalent to one another in respect of type of education, school grade or subjects studied. (6)

a.

On the basis of this criterion, and in contrast with the provisions contained in the legislation referred to above, equivalence is accepted for studies differing from those offered in primary and secondary education and teacher training within the National Education System, provided that they are compatible in content and objectives.

The term is. not used with.reference to our educational system, even though it could be regarded as similar to 'equivalence'.

I NCOFPORACION 'Incorporation' means literally 'to combine or.Liiiite two or more thingsa

to form one mass or a single body'. The function performed by the Secretariat for Public Education, however, is not, strictly speaking incorporation, but

(6) Ibid. Article 63.

~ n n e x VII - page 12 rather the granting of authorization or the recognition as officially acceptable of courses of study offered by private bodies. Institutions such as the Independent National University of Mexico certainly do 'incorporate' as, according to its 'General Regulations on the Incorporation and Revalidation of Studies', 'incorporated studies or types of education denote such studies or types of education as may be pursued outside the university but are comparable to those that are provided at the university and remain under its academic supervision I . (3)

AUTHORIZATION, RECOGNITION AND REGISTRATION

Under the Federal Education Act, laying down the necessary regulations for putting Article 3 of the Constitution into effect, authorization - like recognition of the official validity of studies - is a public service con- cession granted by the state to private bodies in order that they may assist in the continuous, uniform, regular and permanent provision of the educational service that is needed by the community at large.

The distinction between authorization and recognition is made in section II of Article 3 of the Political Constitution of the United Mexican States which states that 'private persons or bodies may provide education of any type and at any level. However, in the case of primary and secondary education and teacher training (and education intended for workers and peasants of any type and at any level) they must always first obtain the authorization of the public authorities.

It is clear from the above that no unauthorized private person or body may impart such education, which includes technical secondary education and any of the forms of teacher training.

By way of exception, education provided by private persons or bodies that differs from the forms of education referred to above may be recognized so that the studies pursued may be officially accepted. Such education may lead on to further studies or may be terminal.

Forms of education giving access to further studies are essentially courses leading to any of the categories of the bachillerato (the technical and agricultural secondary-school leaving certificates; in the case of the Independent National University of Mexico, pre-university courses and studies for the university entrance certificate, etc.).

Terminal education, as its name suggests, covers courses that do not lead on to further studies at the next level, e.g. vocational training courses for persons with primary education and technical vocational education in cases where the student has completed secondary education. Forms of education which may be recognized also include those classified in the National Education System as higher education: studies for the licenciatura degree, a specialized qualification, the master's degree and the doctorate.

n

(7) Statutes of the Independent National University of Mexico. General Regulations on the Incorporation and Revalidation of Studies. Article 4.

Annex VII - page 13 The recognition procedure is permissive in regard to private persons or

bodies. Recognition is accorded only to those who apply for it and comply with the prescribed requirements. It should be noted, however, that recognition must necessarily be obtained for preparatory studies leading on to university courses since, otherwise, the student will be unable to continue his studies at the next level. Basically, students must hold the bachillerato if they are to pursue any course of studies leading to a licenciatura degree.

It shou&d be pointed 'out that, since the entry into force of the General Health Act,(8) any courses of study relating to health provided by private persons or bodies must be officially recognized, since it is necessary for the exercise of professional activities or for work as a technician or auxiliary that any degrees, certificates or diplomas awarded should be authenticated by the competent educational authorities.

Any private persons or bodies that, as has been mentioned, do not provide primary or Secondary education, teacher training, preparatory courses €or the university or courses relating to health, and that do not seek recognition, fall within the scope of the legal procedure of registration. The Federal Edu- cation Act states that any 'private persons or bodies that provide courses of study which are not recognized as officially acceptable must state this fact in their relevant documentation and must be registered with the Secretariat for Public Education'. (9)

In the case of studies at the undergraduate or postgraduate levels, private institutions whose courses are not accorded recognition as officially acceptable must, in accordance with the provisions of Article 12 of the Regulations relating to the Professions Act, expressly state in their relevant documentation and advertising material that they are not empowered to award degrees or other academic qualifications.

OFFICIAL ACCEPTANCE OF STUDIES

AUTHORITY

Under the legislation in force in our country, official acceptance is an educational function vested in:

I. The Federation, through the Secretariat for Public Education;

II. The States, under the terms of their own legislation; and

III. The decentralized bodies, where they are authorized for this purpose by their statutes. (10)

Authority for the official acceptance of studies is thus vested con- currently in the Federation and the states in the case of primary and secondary

(8) The General Health Act recently came into force (on 1 July 1984) and lays down these provisions in Section Four, which refers to Human Resources for the Health Services.

(9) Ibid. Article 41, paragraph 2. (10) Ibid. Article 65.

Annex VI1 - page 14 education, teacher training and education for workers and peasants; in the case of studies other than those referred to above, particularly those coming under the heads of senior high-school and higher education, authority rests. with three parties: the Federation, the States and the decentralized bodies duly empowered for this purpose. (A 1)

It should, however, be mentioned that the Secretariat for Public Edu- cation, acting through the DireCCion General de Incorporacion y Revalidation, (-12) is empowered to issue acceptances that are validthroughout the Republic for primary and secondary.education and teacher training(l.3) as well as for types of education that are equivalent to those provided in its system or recognized by it.

The State governments will accordingly be empowered to issue official' acceptances only within the areas under their respective jurisdicLions, while the decentralized bodies may do so only in so far as their federal or local status allows and only in respect of studies offered on their syllabuses and curricula.

NORMATIVE FRAMEWORK

In the context referred to above, the laws, regulations, decrees oz decisions promulgated with regard to the official acceptance of studies will reflect the three-way division of powers, with the proviso that local by- : laws or regulations or those issued by decentralized bodies may not be invoked in opposition to the provisions of the Federal Education Act or of international conventions, as specified in Article 133 of the Political Con- stitution of the United Mexican States.(l4)

FEDERAL LEVEL. SECFCZTARIAT FOR PUBLIC EDUCATION

POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES

While Article 3 lays down the basic principles that are to govern education in our country, it does not use the term revalidacion or. any synonym

It should be noted that although the National Polytechnic Institute (IPN) is not a decentralized body but a self-governing institution under the Secretariat for public Education, its powers include 'the official acceptance and recogniti-;n of studies and the establishment of equivalences in relation to the types of education that it offers. Organic Law of the IPN. Article 4, Section VI. In accordance with the prmiisions of Article 32, Section XI, of the Rules of Proceduwe of the Secretariat for Public Education. Teacher training may only be officially accepted, where it has been completed, for the purpose of the continuation of higher education, with due regard for the opinions expressed by the National Technical Council for Education, which serves as a consultative body to the Secretariat for Public Education. Article 26 of tne Federal Education Act. 'This Constitution, the acts of the Congress of the Union that derive there- from and any treaties in accordance therewith, concluded or to be concluded by the President of the Republic, with tiit- dpproval of the Senate, shall be the Supreme Law of the whole Union. The judges of each State shall comply with the said Constitution, acts and treaties, notwithstanding any provisions to the contrary that may be contained in the Constitutions or laws of the State? '

Annex VI1 - page 15 thereof. It should be noted, however, that since the reform published in the Official Gazette of the Federation on 9 June 1980, Section VI1 has been added to the constitutional text, so that the independence of the universities is now enshrined in the constitution:

'The universities and other institutions of higher education to which the Act grants independence shall have the power and responsibility of governing themselves; they shall achieve their objects of educating, carrying out research and disseminating culture in accordance with the principles set forth in this Article, respecting academic freedom and freedom of research and discussion; they shall draw up their own syllabuses and curricula; they shall determine the terms of engagement, promotion and tenure for their academic staff; and they shall administer their assets.

Labour relations, in regard to both the academic staff and the administrative staff, shall be regulated by paragraph A of Article 123 of this Constitution, on the basis of the conditions and procedures laid down in the Federal Labour Act in accordance with the particular characteristics of each specific job, in a manner consonant with the independence, the academic freedom and freedom of research and the purposes of the institutions to which this section refers'.

Another provision that should be mentioned in the context of official acceptance is Article 130, which states 'that in no circumstances shall it be sought, by means of official acceptance, the grant of exemption, or any other formality, to validate for the purposes of the official courses pursued . :'-. in establishments intended for the professional institution of ministers of religion. Any authority that contravenes this provision will incur criminal liability; and the exemption or other formality in.question shall be null and void and shall nullify any professional qualification obtained by means of the infringement of this provision'.

It may therefore be concluded that Mexico does not recognize studies pursued in the so-called ecclesiastical universities or faculties or in seminaries, since they are essentially establishments intended for the professional instruction of ministers of religion.(l5)

THE FEDERAL EDUCATION ACT

As regards the official acceptance of studies, Chapter VI of the Act states that studies pursued within the national education system shall be accepted throughout the Republic.(l6) This is in accordance with the provisions of Article 23 of the above-mentioned Act (see footnote 5); Article 61 of the Act defines 'revalidation', as stated in the section dealing with definitions.

Further on, in Articles 62 and 63, it is stipulated that:

'Official acceptance of studies shall be accorded in respect of types of education, school grades or subjects studied'; and that

(15) On the basis of the information provided by the representative of the Holy See at the fourth session of the Committee, it is not in order to grant recognition to educational institutions belonging to the educational system of the Czitholic Church.

(16) Ibid. Article 60.

Annex VI1 - page 16 'The types of education, school grades or subjects officially accepted shall be equivalent to those provided within the national education system'.

As can be seen, the extensive references to the official acceptance of studies in the above-mentioned legislation have provided the bases for the establishment of smooth and flexible procedures, making it possible to adopt the measures laid down in the Convention, particularly those specified in Article 2.1 (a) (v) and Articles 3 and 4.

THE HIGHER EDUCATION CO-ORDINATION ACT

The object of this Act, which is generally operative throughout the Republic, is to lay down the basis for the division of responsibility for higher education between the Federation, the States and the municipalities. Together with the Federal Education Act,(l7) it sets the criteria for deciding whether a given type of education is to be classified as higher education.

It also provides that 'the certificates, diplomas, degrees or other academic qualifications awarded by private bodies for authorized or recognized studies must be authorized by the authority that has granted the authorization or recognition or, where appropriate, by the decentralized public body that has granted recognition'.(l8) It is important to note these requirements, since many students from abroad.continue their studies in private institutions.

In this connection, the Political Constitution of the United Mexican States, the Federal Education Act and the Higher Education Co-ordination Act represent the fundamental legislation governing the official acceptance of studies and, together with the Convention, (19) constitute the Supreme Law throughout the Union. Besides the multiplicity of regulations, decrees and decisions applied in relation to education, which have some bearing on the admission of students wishing to begin or to continue higher education, there are, however, a decree and two decisions which will be dealt with below:

!

(17) Article 19. Higher education comprises courses of study leading to the licenciatura degree and the master's and doctor's degrees. This type of education may include terminal options not leading to the full licenciatura. Higher education includes teacher training at all levels and in all specialties. Article 3 of the Higher Education Co-ordination Act: Higher education is education provided after the bachillerata or its equivalent. It comprises teacher training, technological education and university education and includes short vocational courses and studies lead:.., Liu d e licenciatura, master's and doctor's degrees as well as refresher and specialization courses.

The Convention was approved by the chamber of Senators of the Congress of the Union on 12 November 1974 and was ratified by the President of the Republic and pub1:.&4 iii the Official Gazette on 29 July 1975.

(18) The Higher Education Co-ordination Act. Article 18. (19)

Annex VII - page 17 DECREE UNDER WHICH POLITICAL REFUGEES AND THEIR FAMILIES IN MEXICO MAY OBTAIN OFFICIAL ACCEPTANCE OF THEIR STUDIES OR CERTIFICATION OF THEIR KNOWLEDGE

This decree, published in the Official Gazette of the Federation on 18 October 1976, enables.persons who can prove that they are refugees(20) to be exempted from having their documents authenticated or, in extreme cases, where they cannot present such documents, to be assigned to the appropriate level or grade, on the basis of an assessment conducted by the Secretariat for Public Education.

DECISION PROVIDING FOR THE OFFICIAL ACCEPTANCE OF STUDIES PURSUED ABROAD BY MEMBERS OF THE MEXICAN FOREIGN SERVICE, THEIR DEPENDENTS AND THEIR EMPLOYEES

The requirements under this decision are the same as those laid down for persons to whom it does not apply, except that the formalities are carried out through the Department of Foreign Relations.

DECISION WHEREBY A DISPENSATION MAY BE GRANTED IN THE CASE OF IRREGULAR ACCESS TO A STAGE OF EDUCATION(21)

It sometimes happens that irregularities occur in the enrolment of a student entering on higher education, owing to circumstances arising from failure to secure official acceptance on equivalence in respect of studies pursued, or failure to comply with rules intended to regulate access to this system. This may lead to the nullifying of an entire course of professional study.

The above-mentioned decision was accordingly promulgated for the purpose of avoiding irreparable harm to the person concerned, whenever the irregularities in enrolment or re-enrolment procedures do not involve fraud or bad faith.

LOCAL LEVEL. STATE GOVERNMENTS

States that have adopted the representative popular republican system of government for the conduct of their internal affairs and whose territorial division and political and administrative organization are based on the Free Municipality may, under their Constitutions, enact legislation which will, however , be operative only within their own territory and cannot , theref ore , be binding outside that territory.(22)

(20) Article 42, Section V I of the General Population Act, defines a political refugee as a person other than an immigrant who, with the permission of the Department of Internal Affairs, takes up temporary residence in the country in order to safeguard his libccty or protect his life against political persecutions in his country of origin.

(21) Decision of the Under-Secretary for Educational Planning dated 21 February 137"

(22) Political Constitution of the United Mexican States. Part Five. Article 121.

Annex VI1 - page 18 In accordance with these constitutional provisions, they enact their own

education legislation, although the provision of higher education is, in most cases, entrusted to independent decentralized bodies which they have established. Accordingly, persons wishing to enter on higher education are subject to such requirements, methods and standards as the state governments may - prescribe with regard to the matter of concern to 'us, i.e. the official' acceptance of studies.

DECENTRALIZED BODIES

As mentioned in the paragraph referring to the Constitution, Article 3 of the Constitution grants the independent university institutions the power and responsibility of self-government; This provision had already been introduced by.Article 31 of the Federal Education Act of 1973, which states that: 'the educational function entrusted to the universities and institutions of higher education that are decentralized State bodies shall be performed in accordance with the Statutes by which they are governed'.

In this context, it may be noted that, although, as already mentioned, under Article 133 of the Constitution the Convention is acknowledged as a part of the Supreme Law throughout the Union, the universities or institutions of higher education that are decentralized State bodies apply the objectives of the Convention and the commitments entered into for its immediate implementation in accordance with the legislation by which they are governed.

A particularly striking case in point, in view of the importance of the educational institution concerned in Mexico, is that of the Independent National University of Mexico, whose statutes prevent it, in many respects, from complying with the provisions of the multilateral Convention.

This situation, which has been explained by the authorities of this university(23) may be described as typical of most institutions of higher education operating in our country as decentralized State bodies that are governed in accordance with the broad lines laid down in the recent National Pian for Higher Education.

This is a ten-year plan produced by the National System for the Con- tinuous Planning of Higher Education, the content of which is revised and approved annually.

The objectives of the system include the establishment of a framework of legal regulations suited to the needs of the institutions, with a view to the comprehensive and co-ordinated development of all these institutions into a genuine system, within which academic and administrative criteria and procedures can be standardized.

(23) At thc :ïxitütiuLL O€ CRESALC, the Independent National University of Mexico (UNAM) has submitted its own separate report to the sixth session of CO€EDIAL, explaining the normative framework within which it operates and the procedures, methods and criteria that govern its activities.

Annex VI1 - page 19 This is of special importance, since it must be admitted that there,is no

uniformity in the legal regulations governing general matters of organization and operation in the case of higher educational institutions, particularly as regards systems for the official acceptance of studies.

This emerges very clearly from the study carried out on the regulations applied by the independent institutions, since it was found that the 33 universities had 78 specific sets of regulations but that these were in fact concentrated mainly in five institutions, each of which had an average of 16 sets of regulations; 19 of these educational establishments had less than ten, and nine universities had no regulations at all.

These regulations,, however, often contain articles relating to incorporation and official acceptance. Out of the total of 78 sets of regulations, 27 per cent were of this type. (24)

Before continuing with the description of the criteria for the official acceptance of studies applied by the decentralized bodies authorized for this purpose, it is essential, firstly, to give a general description of the present state of higher education in our country, so that the representatives of the nations belonging to COREDIAL may be aware of its complexity; and, secondly, to acquaint them with the latest results achieved by the planning of higher education, thanks to the joint efforts that the government and higher educational establishments have been making over the last ten years, which have produced a practical outcome in the National Plan for Higher Education referred to above.

Both the complexity and diversity of our institutions of higher education and a number'of the results of planning, such.as improvements in school inspection, administrative systems and standard-setting, affect the establishment of criteria and procedures for the validation or official acceptance of studies in a variety of ways.

Since the aim of CORGDIAL is to facilitate the movement of higher education students and professional people between our nations, we should not lose sight of those problems - both development problems and education problems - that are common to the Latin American and Caribbean countries. In particular, we should like to refer to the accelerated expansion of enrolments in higher education in recent years. This, coupled with the concentration of institutions of higher education in the major urban centres, the imbalance in professional training whereby the majority of students are trained for the services sector, and the problems of unemployment, have compelled the Mexican education authorities to reappraise and revise the higher education model that has been developing in the 1970s.

I -

This reappraisal of higher education has a number of implications as regards the recognition of studies, which we should like to report to you at this meeting.

One of our educational authorities' basic concerns has always been the need to maintain a suitable balance between social needs, employment and education. It cannot be denied, however, that even though educational. opportunities have been expanded, social inequalities have remained unaltered.

(24) Arizmendi Rodriguez, Roberto. Planeacion y Administracion Educativas. México, Universidad Autonoma del Estado de México, 1982, pp. 77 and 78.

The present situation in the institutions of higher education, not only in our country butin many other countries of the region, is principally due to the need to adapt the kind of education that they provide to meet current demand. over the past decade, they have had to cater for very large numbers of students, with the consequent danger of a decline in educational standards.

In this situation, which is marked not only by a progressive rise in demand but by a significant shift in professional training trends, discussions have centred around whether this shift may be attributed to the universities' tendency to ChaMel more students into the services sector, to the economic development trends in the country, or to a lack of suitable vocational guidance.

The total student population working for the licenciatura degree in the country increased between 1970 and 1980 at an annual rate of 12.5 per cent. This increase was concentrated in three cities - Guadalajara, Monterrey and Mexico City - with their respective metropolitan areas, which represent the three major centres of development in our country.

: - , I .

There is an excessive demand for medical degree courses (there are 83,000 medical students and 8,OOO medical graduates a year), law degree courses and accountancy degree courses, in that order. The demand for dentistry, architecture and management degree courses is also high, while civil engineering is the most sought after of the engineering degree courses.

The least popular degree courses are those in the natural sciences, arts and humanities, that is to say, biology, physics, chemistry, mathematics and philosophy. In the agricultural sciences, relatively few students take degree courses in fishery, oceanography, zootechnics, forestry, etc., with the majority going in for agronomy. This has in some measure accounted for the lack of development in the rural sector.

Courses are also available to prepare for the professions of surveyor, geologist, geophysicist, hydrographer, chemist, food chemist, specialist in food science and technology, textile finishing engineer and many others that are directly related to the country's development and therefore urgently needed. Few increases have been recorded in the enrolment figures for these courses, for which, in many cases, there are no students at all.

It was in response to these problems that the Mexican education authorities established the National System for the Continuous Planning of Higher Education. This system of planning was first introduced in 1977, when the Federal Government, faced with applications for resources for the expansion of institutions of higher education, suggested that the development of higher education should be planned in accordance with the needs of the country in both the economic and the social sectors, and that the basic aims of the National Plan for Higher Education should be established. A few months later, in the city of Puebla, the first plan with its specific normative and qualitative features, comprising 35 programmes, was approved at the National Assembly of the National Association of Universities and Institutes of Higher Education (ANUIES) .

At the same time, a number of legislative measures concerning the institutions of highcr education were taken: as was mentioned in the seLLion dealing with legislation, the independence of the universities was constitutionally

Annex VI1 - page 21 guaranteed: the labour relations of the academic and administrative staff of the independent universities were included in paragraph A of Article 123 of the Constitution; and, lastly, the Higher Education Co-ordination Act was promulgated.

This Act establishes the various planning levels:

'The institutional planning units (unidades institucionales de planeacion - (UIP)) operate at the first level. They are responsible for carrying out the work necessary to put forward options and projects for establishing the particular growth model for each educational institution. This responsibility underlies the entire planning scheme to be developed at national level. The process accordingly involves the participation of a wide range of contributors, both within and outside the educational system, since planning, like education itself, is inextricably tied up with the complex socio-economic situation of the country. Hence, the State Commissions for the Planning of Higher Education (COEPES) have been designed as joint bodies bringing together educational institutions and other sectors. A similar set-up is found at regional level where the regional higher education boards (COWES) are the bodies responsible for co-ordination.

The existence of these co-ordinating bodies within the planning system, in addition to the national planning body (CONPES), has made it possible to translate another of the basic features of the plan into practice: communication between all these levels, from the individual institution 'up to the national level, ensures that the activities of the education sector itself and of the other sectors involved are not compartmentalized.

A year after the Puebla meeting, at the ANUIES Assembly held in Morelia, the broad lines of the Plan for 1981-1991 were approved. A major feature of this plan is that it embodies the first attempt to establish a prospective national frame of reference, in both quantitative and qualitative terms, for the plan as a whole and for the liaison programme in particular. In this frame of reference, an analysis was made of the possible and desirable features of population growth and of the country's social and economic development as well as of the development of the different levels of education, with particular emphasis on enrolment in higher education over the last ten years, by subsystems and five major course groupings. Enrolment and graduation projections up to 1990 were made and analysed on the basis of the historical trends recorded between 1970 and 1980, which were the result of unplanned growth and merely reflected the Pressure of social demand for higher education regardless of the manpower needs of the country'.

Lastly, recommendations were made and goals set for the entire Mexican Republic, with subsystems to narrow the gaps which might arise from the discrepancies between manpower supply and demand.

All these advances, achieved through the National System for the Continuous Planning of Higher Education, reinforce the need to look for the most appropriate methods of ensuring not only that this planning effort and the progress already made are not wasted but also that they lead on to a definite improvement in higher education standards in the country'. (25)

(25) Report of the Second Seminar of the Advisory Technical Committee on Pro- gramming, Budgetting and Evaluation in the Education sector. Mexico, SEP, 1983.

Annex VII - page 22 Before describing the forms that validation or official acceptance of

studies will take under the National PlanforHigherEducation,a brief illustration of the complexity of our higher education system is needed. In Mexico, higher education is provided by universities, technological institutes, colleges, centres, schools and liceos. In 1970, ANUIES registered 1 1 1 institutions providing higher education. By 1980, it had registered 260 such institutions, not counting a number of small schools, mainly private institutions, because there was not enough accurate information available about them; as they cater for

, a very small number of students, however, their omission is not significant. By 1983, ANUIES had registered 377 institutions, of which 41 offered only postgraduate studies, 83 offered licenciatura courses and postgraduate studies, 208 offered only licenciatura courses while 45 were advanced teacher-training colleges. (26)

The number of institutions in question, almost 400, shows that the Mexican higher education system is extremely varied in terms of the types of institutions involved and offers a wide range of courses and curriculum content.

At the present time, 568 different licenciatura courses are offered in our country. These courses may be grouped into 118 types, classified within each type according to their comparability and employment value. In all, our institutions provide a total of 1,108 higher education courses, which are divided between the different fields of study as fo1,lows: 117 come under the head of agricultural sciences, 100 under natural sciences, 220 under health sciences, 264 under social and administrative sciences, 124 under education and the humanities and, lastly, 283 under engineering and technology.

In general, most of the institutions of higher education provide courses of study on a semester basis lasting four to five years. For example, 30 of the 33 State public universities have a semester calendar.

Other aspects are also significant for a better understanding of our higher education system. A point worth stressing is that , under our legislation, higher education may be provided by either public or private institutions:

(a) the public institutions are the independent. universities established under an act promulgated by the Congress of the Union or by the State congresses; institutions under the authority of the Secretariat for Public Education; and institutions under the authority of the State governments;

(b) the private institutions are those whose courses are recognized as officially acceptable by the Secretariat for Public Education, the State governments or the independent universities.

Another useful criterion is the one adopted by those taking part in the National Plan for Higher Education, who have divided the institutions into five groups on the basis of their academic population:

(a) the technical education institutions (National polytechnic ïiis titute), regional technological Institutes and farming institutes ;

..

i

* .

._ -

(26) Anuario Estadistico 1983. Mexico, ANUIES, 1984.

Annex VI1 - page 23 (b) the Independent National University of Mexico (UNAM);

(c) all the State universities (including the Independent Metropolitan University) ;

(d) the other institutions in the public sector (agricultural colleges, military colleges, etc.) ;

(e) private institutions of higher education.

From the 1984/85 academic year on, this classification will have to include the public and private teacher-training establishments (for which the admission requirement will, for the first time, be the completion of the preparatory senior high-school course, as proposed in the National Programme for Education, Culture, Recreation and Sport for 1984-1988).

Lastly, the methods and criteria for the official acceptance of studies, , set out in the National Education Plan, may usefully be described. It should

be stressed that they are purely normative recommendations made for the precise purpose of introducing a certain uniformity of criteria, which is one of the goals of the National System for the Continuous Planning of Higher Education.

These methods and criteria are as follows:

1. The technical standards, verification procedures and any other items involved in according official acceptance of a course of study should be the exclusive responsibility of the academic body which has to authorize the syllabuses and curricula of the accepting institution or dependent establishment.

2. The institutions of higher education which are decentralized bodies should make the relevant amendments to their regulations in order to promote inter-institutional agreement at national level on a minimum number of terminological, qualitative and quantitative points in relation to the official acceptance of studies, on the basis of the following proposals:

On qualitative and quantitative aspects of the recognition of equivalence of studies

Forms in which the equivalence of studies may be recognized: general recognition, i.e.. covering a whole type- of,education (elementary, secondaxy or higher) or a completed level (the bachillerato or secondary-school leaving certificate, the licenciatura degree, etc.); and particular recognition, i.e. by field of study or subject.

In this connection, the Federal Education Act also includes provision for equivalence by school grade, which is necessary in the case of elementary and secondary education. It was proposed, however, not to use this type of equivalence in higher education, as it is for practical purposes quite unsuitable at this level.

The fundamental unit of measurement for the recognition of the equivalence of studies is to be the 'academic credit', as defined in the decisions of ANUIES in Tepic in 1972.

Annex VI1 - page 24 Quantitative criteria for the recognition of equivalence: the basic

criterion is to allow a shortfall of not more than 10 per cent of the credit value of the course, level or type of education for which equivalence is being established. Thus, the applicant has to establish 'credits' corresponding to at least 90 per cent of the total content of the syllabus studied at the institution granting the recognition of equivalence.

In the case of courses of study pursued over differing academic periods, e.g. one divided into semesters and the other into trimesters, the required calculation should be made with careful attention to the proposals concerning the fundamental unit of measurement and the type of educational activity, the number of hours of instruction per week and the total number of weeks in the academic periods under consideration.

Qualitative criteria for the recognition of the equivalence of studies: the basic criterion must be the degree of similarity between the studies for which the claim of equivalence is made. Such comparability is invariably to be established by reference to syllabuses and course programmes in each specific case. Of the documents mentioned, particular attention should be paid to the final aims (of a course, an educational level or field of study), the content of teaching and the assessment criteria (type and frequency of examinations, grading scale, etc.).

It is not recommended that the equivalence of studies be established purely on the basis of diplomas, degrees, academic qualifications, certificates of studies, academic records, etc. It will also be necessary to introduce a form of certification of studies that will clearly specify academic achievements.

A basic rule for determining the equivalence of studies is that both the quantitative and the qualitative criteria should be considered together. In the event of any discrepancy, qualitative considerations should take precedence, always at the discretion of the appropriate academic body of the institution or dependent establishment that recognizes the equivalence.(27)

In addition to these criteria, there is one other on which there is usually some disagreement and which also represents an obstacle to the implementation of the Convention in that only the first half of the corresponding syllabus is officially accepted. This criterion takes into account the fact that the institution recognizing the equivalence of partial studies is the institution that will in due course award the appropriate certificate or degree, the argument being that it is unsuitable for an institution to award a qualification in respect of a course of study for which it has not been responsible.

I A case in point is that of the Independent National University of Mexico, which lays down in one of its regulations that no more than 40 per cent of the total credits gained can be recognized. This practice is explained in detail in the report submitted to this meeting by the above-mentioned institution.

(27) 'XV Revalidation de Estudios' in Plan Nacional de Education Superior 1982. Recomendaciones normativas para la education superior en México. Mexico City, ANUIES-SEP, 1982, pp. 54-59.

Annex VI1 - page 25 As has already been mentioned, the criterion adopted by the Independent

National University of Mexico is applied by many other independent institutions.

In this connection, the normative recommendations contained in the 1982 National Plan for Higher Education include a proposal that each institution should establish its o m standards in this matter and that a general policy decision should be held over until more information is available on which to base it. (28)

PROCEDURES AND CRITERIA

The procedures provided for by the Organic Law concerning Federal Public Administration(29) are to be established by the Secretariat for Public Edu- cation, which will put them into operation through.the Direccion General de Incorporacion y Revalidation which, under its o m Rules of Procedure, is the body responsible for promoting and putting into effect the objectives and commitments arising from the Convention.

. . '! 7 .

The procedure begins with the submission of the application, specifying the institution which the applicant wishes to enter in order to commence or continue his or her studies, together with the following documents:

copy of his or her birth certificate;

educational documents or certificates which provide evidence of school grades and levels, or original diplomas duly authenticated by the Mexican Consulate;

syllabuses and curricula, where the application relates to the continuation of professional studies;

six passport-size photographs;

an official translation by an authorized translator, when the documents are not in Spanish.

The criteria applied by this department of the Federal Executive are basically those specified in Articles 3 and 4 of the Convention, except that the documents that it issues are effective in schools coming under, or recognized by, the Secretariat for Public Education.

ACCESS TO HIGHER EDUCATION

The mere submission of the diploma, certificate or degree, together with the required documents mentioned above, is intended to secure official acceptance of studies so as to enable the holder concerned to be admitted to higher education establishments on the same conditions as are applicable to the holders of national diplomas, degrees or qualifications.

~~

(28) Ibidem. (29) Ley Organica de la Administracion Publica Federal. Article 38, Section xv.

Annex VII - page 26 CONTINUATION OF HIGHER EDUCATION

The Convention defines partial studies as studies which, according to the standards of the institution in which they were pursued, have not been completed in respect either of their duration or of their content. The Education Sec- retariat accordingly accepts such studies, after assessing the level reached by the person concerned by establishing equivalences on a subject-by-subject basis, and it is for that reason that the syllabus and curricula are required.

ADMISSION TO A PROFESSION

In Mexico, the practice of a profession is founded in law on Article 5 of the Political Constitution, which states that no person may be prevented from practising a profession or carrying on a trade, business or occupation which he is legally entitled to practise or carry on, the law of each State (in this case, the law to give effect to Articles 4 and 5 of the Constitution) establishing the professions for the practice of which a qualification is required, the conditions that have to be fulfilled to obtain such a qualification and the authorities that are to award it, and the compulsory requirements and remuneration specified by the law in regard to professional services of a social nature. (30)

Within.this framework, the above-mentioned law to give effect to Articles 4 and 5, which is binding in the Federal District and, under agreements signed by the Secretariat for Public Education with varying State governments, in their respective jurisdictions, states that:

'Any person to which a professional qualification or equivalent academic degree has been legally awzded, may be licensed to practise a profession upon registration of the said qualification or degree'(31) and that 'It shall be required for the registration of a professional qualification awarded by an institution that does not form part of the National Edu- cation System that the Secretariat for Public Education officially accepts the studies pursued by the person concerned and that the said person provides proof that he has performed his social service'.(32)

(30) In Mexico, social service is regulated by Article 5 of the Constitution, by Chapter VI1 of the Professions Act, which refers to the Social Service of Students and Trainees, and by Chapter VI11 of its Regulations. In relation to the foregoing, the Regulation concerning the performance of social scr-;iee by students of institutions of higher education in the Mexican Republic was published in the Official Gazette of the Federation on 30 March 1981. This Regulation is implemented through the Co-ordinating Commission for Higher Education Social Service (COSSIES).

(31) Professions Act. Article 3. (32) Professions Act. Article 4.

Annex VII - page 27 It should be noted, in the first place, that authorization is not required

for the practice of every profession(33) and that qualifications not awarded within the national education system have to be officially accepted. In such cases, the Secretariat for Public Education, through the Direccion General de Incorporacion y Revalidation, accords such official acceptance, in conformity with the objectives and commitments set forth in the Convention, since degrees and diplomas in higher education awarded by a Contracting State are granted immediate recognition, provided always that the qualifications are equivalent(34: to those awarded within the system, as was explained when dealing with the legislation in force.

on the point made in Article l(a) (ii) of the Convention, however, specifying that 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, it should be explained that such conditions are specified in the above-mentioned Law and in its Regulations, as well as in the Population Act with respect to the immigration obligations and requirements with which foreigners have to comply.

(33) In the Decree published in the Official Gazette of the Federation on 2 January 1974, amending the transitional Article 2 of the- Professions Act, it is stated that, until such time as the legislation referred to in the amended Article 2 is promulgated, the different professions that may not be practised without a qualification are:

'Accountant, Actuary, Aircraft Pilot, Architect, Bacteriologist, Biologist, Broker, Chemist, Dental Surgeon, Doctor, Economist, Engineer, Lawyer, Metallurgist, Notary, Nurse, Nurse-Midwife, Pre- school Teacher, Primary school Teacher, Secondary school Teacher, Ship's Officer, Social Worker, Veterinary surgeon'.

Likewise, Chapter I of Part Four of the General Health Act, which entered into force on 1 July 1984, makes the practise of health-related professions, technical and auxiliary activities, and specialities dependent on the prior authentication and registration by the competent authorities of the appropriate professional qualifications or certificates of specialization. In accordance with the provisions of the Federal Education Act, Article 17 of the Professions Act prescribes that:

(34)

'Qualifications awarded abroad to natural-born Mexicans shall be registered by the Secretariat for Education, provided that the studies to which the professional qualification refers are equal or similar to those provided in institutions under the authority of the State.

In cases where it is not possible to establish the equality or similarity of studies in the manner laid down in the foregoing paragraph, a system of equivalence of studies shall be introduced and, where necessary, the persons concerned shall take tests or examinations to provide evidence of their knowledge'.

Annex VII - page 28 With regard to the practice of a profession, Section III of Chapter III

of the Professions Act states that no foreigner may practise the technical and scientific professions covered by that Act in the Federal District, and that only by way of exception may the Professions Directorate, with the agreement of the respective professional associations and subject to compliance with the requirements of the law, grant temporary authorization for the practise of one of the professions classified in Article 2(35) to foreign professionals resident in the Federal District who provide evidence that they have suffered political persecution in their own countries. As has been mentioned, this situation is considered in the Decree referred to earlier.

This arises from the fact that, in Chapter V of the legislation under consideration, Article 25, referring to the requirements for the practice in the Federal District of any of the technical and scientific professions specified in Articles 2 and 3, states that only natural-born or naturalized Mexicans, fully entitled to and exercising their civil rights, may obtain a professional licence, so long as they have provided evidence that they hold a legally awarded and duly registered qualification.(36)

It should be noted, particularly in view of the concern expressed by the Colombian representatives, that, through the Secretariat for Public Education, Mexico recognizes studies, degrees and certificates both for academic purposes and for the practice of a profession, as has already been stated, but that such recognition does not exempt the beneficiary from complying with the other conditions specified.

IMMIGRATION REQUIREMENTS

The immigration requirements applicable to foreigners are contained in the General Population Act and its Regulations, the Secretariat for Internal Affairs being responsible for seeing that these requirements are observed.

The documents required for residence in the Mexican Republic are obtain- able from the offices of the Mexican Foreign Service and are issued for the following categories:

(a) Non-immigrant

(b) Immigrant

(35) Article 2. The laws governing areas of activity related to any profession or specialization shall determine those professional activities for the practise of which a qualification and a licence shall be required. Article 3. Any person to whom a professional qualification or equivalent academic degree has been legally awarded may be licensed to practise a pxofession upon registration of the said qualification or degree. Articles 14 and 15 of the Regulations to give effect to the Professions Act specify the requirements to be met in connection with applications to the Professions Directorate for the registration of a professional qualification or academic degree, and with the issue of the professional licence.

(36)

Annex VI1 - page 29 A non-immigrant is a foreigner who, with the permission of the Secretariat

for Internal Affairs, takes up temporary residence in the country and, for the purposes of the required information, falls into one of the following categories:

STUDENT. To commence or complete education or to pursue further education in official educational establishments or institutions or private educational establishments or institutions that are incorporated or officially authorized, subject to annual renewal of the permit and authorization to remain in the country only for the duration of the course of study and the time needed to obtain the relevant final academic documentation, with the right to spend up to a total of 120 days each year outside the country (Article 42, Section VI).

An immigrant is a foreigner who legally takes up residence in the country with the intention of settling there on a permanent basis (Article 48, section III).

SCIENTIST. To direct or conduct scientific research to communicate his/ her scientific knowledge, to train researchers or to teach, when such activities are, in the opinion of the Secretariat for Internal Affairs, carried out in the interest of national development, having regard to the general information provided in this connection by such institutions as it may see fit to consult (Article 48, Section V).

TECHNICIAN. To carry out applied research in industry or to perform technical or specialized functions that cannot, in the judgement of the Secretariat for Internal Affairs, be carried out by persons resident in the country (Article 48, Section VI).

Foreign scientists or technicians may enter and reside in the country on condition that each of them trains not less than three Mexicans in his/her speciality and that they deliver to the Secretariat for Internal Affairs a copy of the technical or scientific studies in which they are engaged, even when such studies are completed, perfected or published abroad (Articles 49 and 50).

Immigrants shall be accepted for a period of up to five years and shall be obliged to satisfy the Secretariat for Internal Affaixs that they are complying with the conditions prescribed at the time they were authorized to enter the country and with any other applicable immigration regulations, with the object of ensuring that their immigration documents are, where appropriate, confirmed annually (Article 45).

Lastly, any foreigner. who acquires the right of permanent residence in the country becomes a settled immigrant (Article 52).

Foreigners wishing to take up residence in the Republic are requested to :

I. Provide an official certificate of good physical and mental health, issued by the authorities of their country of origin, whenever required by the Secretariat for Internal Affairs.

II. Pass the examination conducted by the health authorities.

III. Supply the immigration authorities, on oath, with any information that may be requested from them.

Annex VII - page 30 IV. Establish their identity by means of suitable authentic docûments

and, where necessary, prove that they are genuine immigrants.

V. Provide an official certificate to their pervious record, issued by the authority-of their usual place of residence, whenever required by the Secretariat for-Internal Affairs.

VI. Comply with the requirements prescribed in their residence permits (Article 62).

Chapters Seven and Eight of the Regulations for the execution of the Federal Population Act, which refer to non-immigrants, immigrants and settled immigrants respectively, lay down the following requirements:

STUDENTS. The admission of the non-immigrants referred to in Section VI of Article 42 of the Act shall be subject'to the following rules:

I. Students shall receive authorization for a period of up to one year, which may be extended on an annual basis. In no circumstances may they spend more than 120 days each year, either continuously or intermittently, outside the country.

II. The person concerned shall satisfy the Secretariat that he/she regularly receives the necessary financial means of support.

III. In the case of a minor, the application shall be signed by the person exercising parental control over him/her, by his/her guardian or by the person under whose supervision &d care he/she will live in the country.

IV. The application shall state the category of studies which it is intended to pursue and the applicant shall provide evidence of enrolment at the official or incorporated educational institution in question.

V. They shall be entered in the National Register of Foreigners.

VI. The permits of students who interrupt their studies, are expelled from their educational establishment, or fail to reach a standard enabling them to move up to the following grade, shall be revoked.

VII. When applying for annual renewal, they shall provide evidence that they are still enrolled at the educational establishment for which their authorization was issued and that their examination results entitle them to move up to the next grade. They shall also provide evidence that they are still regularly receiving adequate means of financial support.

VIII. The authorities of the educational institutions shall be obliged to inform the Secretariat within a period of not more than 15 days, when any foreigners enrolled at their establishments fail their examinations, give up their studies or are expelled.

IX. Students may remain outside the country for a continuous or cumulative period of 120 days a year, each annual period being roiint~d From the date of their first 22y -* -ridence or change of immigrant classification or status. This annual period shall coincide with the annual date for the renewal of their residence permit.

Annex VI1 - page 31

X.

XI.

XII

In order to return to the country, students are required to report to the appropriate Mexican Consulate which, after the calculation of their period(s) of absence and the validity of their consular visa have been checked and immigration review formalities have been completed, will issue the necessary re-entry authorization.

Unless these formalities have been completed, they will not be allowed back into the country.

If a student is outside the country when his/her immigration document expires but has not been abroad €or more than the permitted period of absence specified above, he/she may return to the country, where he/she must apply for the renewal of his/her residence permit within a period of not more than 15 days from the date of re-entry.

students may not undertake any paid work or profit-making activity, with.the exception of activities relating to professional work and social service connected with their course of study, subject to the prior authorization of the Secretariat.

They shall present a certificate issued by the educational establishment that they attend, stating that such work forms part of their course.

Spouses and members of the families of students shall have the same immigration status as the students themselves. Such residence permits may, however, be granted only to such persons as provide evidence that they are close relatives.

At the end of his/her course of study, the student is required to leave the country. In the event of a period of time being needed to arrange and obtain the appropriate final academic documentation or to take a professional examination, the Secretariat shall, on application, and at its own discretion, grant such an extension and fix the duration thereof (Article 102).

PROFESSIONAL. In the case of immigrants covered by Section III of Article 48 of the Act, the following rules shall apply:

I. Such status shall be granted only to those foreigners who have registered their professional qualification with the appropriate authorities or have obtained the appropriate authorization, and only in exceptional circumstances.

The Secretariat shall, when it deems fit, seek the opinion O€ the appropriate professional associations.

II. A permit may be granted, at the discretion of the Secretariat, to foreigners who are distinguished teachers or researchers in some branch of science or technology or in fields in which there is an insufficient number of Mexican specialists, subject at all times to the approval of the Secretariat for Public Education. In either case, application for the residence permit shall be made by an official or incorporated institution.

Annex VII - page 32 III. For the purpose of the annual review of documentation, evidence

shall be provided, to the satisfaction of the Secretariat, that the conditions which were taken into account when residence was authorized continue to exist '(Article 116).

SCIENTIST. Immigrants covered by Section V of Article 48 of the Act shall satisfy the Secretariat as to their competence in the activity which they intend to carry out, so that an assessment may be made of their possible contribution to the development of science and technology in the country.

The provisions of Sections III, IV, V and VI of the following article (Article 118) shall apply to this immigration classification.

TECHNICIAN. In the case of immigrants covered by Section VI of Article 48 of the Act, the following rules shall apply:

I.

II.

III.

IV.

V.

VI.

The application for a residence permit shall be made by a person domiciled in the country when it is proposed that the foreigner concerned should work in a company or institution of which he is the owner or agent.

The person applying for the residence permit shall satisfy the Secretariat as to the continuing need to use the services of the technician or specialist and shall enclose a list giving the names, addresses and nationalities of the other technicians in his service. The Secretariat may ask for any information it may need to reach a decision on the matter.

The technician or specialist shall be required to train a least three Mexicans in his/her speciality.

Within 60 days of the date on which the foreigner has taken up his/her post, the person who applied for the residence permit on his/her behalf shall notify the Secretariat of the names and addresses of the Mexicans who are to be trained in accordance with the provisions of the foregoing section and of the time that the training will take.

The technician or specialist shall not'be obliged to produce a professional qualification, when no such qualification is required by the nature of the work or by law. Whenever the Secretariat considers it necessary, however, it shall satisfy itself that the foreigner has the necessary competence and knowledge in his/her subject or speciality.

For the purposes of the annual review, evidence shall be provided that the technician or'specialist is continuing to work in the firm that applied for a residence permit on his/her behalf and that he/she is complyifig with the requirement to train Mexicans. A report on the form and progress of such training shall also be supplied. For this purpose, a written statement by the Mexican trainees on the form and conditions of their training shall be enclosed.

Annex VII - page 33



QUESTIONNAIRE

NAME OF COUNTRY: MEXICO (INDEPENDENT NATIONAL UNIVERSITY OF MEXICO)

The amendments to the Political Constitution of the United Mexican States, published in the Official Gazette of the Federation on 9 June 1980, include the addition to Article 3 of Section VITI on academic independence and respect for the freedom of organization and operation of the universities. As long ago as 1945, however, the Statute constituting the Independent National University of Mexico was published in the same official gazette, conferring on it, as a decentralized State body, the freedom to accord official acceptance for academic purposes, to studies pursued in other national or foreign educational establishments and to incorporate, in accordance with its regulations, studies leading to the bachillerato and vocational studies.

Foreign students are required to submit duly authenticated documents to the DeDartament0 de Revalidation de Estudios of the IndeDendent National Uni-

L L

versity of Mexico. If they provide evidence of completion of their bachillerato studies and the equivalent of the minimum average of 7 on the scale from 1 to 10 used in Mexico (the pass marks are 6 - IO), such students may sit the selection examination, except in medicine, as no foreign students maybeaccepted for medical degree courses.

Each institutionoffering-courses of study incorpoxated into the Independent National University of Mexico may require a minimum average, and the selection examinations are conducted internally by. the individual schools.

For the continuation of higher education, it is necessary to present, in addition to the above-mentioned documentation, a certificate of partial studies for the licenciatura degree, together with the subject syllabuses, for the purpose of establishing equivalences. In no case may more than 40 per cent or less than 20 per cent of the total credits for the course concerned be officially accepted. Furthermore, students must provide evidence that they have passed a general knowledge examination. As the intake of students is limited by the quotas of faculties or schools at this level as well, this procedure is not available for all courses.

So far as the practice of a profession is concerned;, ,the Professions Directorate is responsible for the official recognition of qualifications and the issue of professional licences.

The Independent National University of Mexico maintains close links with the embassies accredited to our country for the purpose of maintaining up-to- date information about the academic grades and authentications required for official documents.

Annex VII - page 34 The secretariat for Internal Affairs requires the Independent National

University of Mexico to verify that foreign students are legally resident in the country and therefore grants such students annually renewable permits to enable them to pursue their education (FM9).

Following the broad lines indicated in the university legislation, and on the basis of the decisions promulgated by the Comision de Incorporacion y Revalidacion de Estudios, efforts are being made to find common ground between other countries and Mexico with a view to facilitating the system for comparison of studies.

The Independent National University of Mexico does not have the power to recognize qualifications for the practice of a profession. The persons concerned must apply to the Secretariat for Public Education and the Professions Directorate.

Within the Independent National University of Mexico, the following definitions are applied:

(a ) CONVALI DAR : To confirm acceptance of studies pursued in (TO RECOGNIZE) Mexico, which are recognized by the Sec-

retariat for Public Education, the State governments and the decentralized bodies.

(b) REVALIDAR: (TO ACCEPT OFFICIALLY)

To establish the equivalence of studies pursued and degrees and diplomas awarded abroad for the purpose of recognizing them within this institution with a view to the continuation of studies at the appropriate level or for other academic purposes.

(C ) INCORF'ORAR : To recognize courses of study offered out- (TO INCORFORATE) side the Independent National University of

Mexico which are nevertheless comparable to those offered by the university and come under its academic supervision.

(d) RECONOCIMIENTO: This term is used by the Secretariat for (ACCEPTANCE) Public Education in according acceptance of

studies that are not 'incorporated'. It is not in use within the Independent National University of Mexico.

(e) HOMOLOGACION: The establishment of equivalences. This (AE'P.ROVAL) term is not in use within the Independent

National University of Mexico.

(f) EQUIVALENCIA: The establishment of the parity of the con- (EQUIVALENCE) tent of the syllabuses for subjects taken

in different curricula.

The Cornision de Incorporaci6n y Revalidacion de Estudios Is the agency of the Independent National University of Mexico that takes decisions on studies pursued abroad. Its decisions are governed by the Regulations on the Official Acceptance of Studies and the Recognition of Degrees and Other Qualifications which were adopted on 20 December 1966.

Annex VI1 - page 35 The Acceptances Department of the Direccion General de Incorporacion y

Revalidation de Estudios is responsible for the establishment of equivalences, the development of methods and criteria, the circulation of information and the issue of certificates of acceptance, on the basis of the decisions of the Cornision de Incorporacion y Revalidadon de Estudios and information obtained through the embassies.

The Acceptances Departme,nt of the Secretariat for Public Education provides valuable assistance to the Independent National University of Mexico with regard to reports on changes in the educational systems of other countries.

In order to expedite and update the exchange of relevant information, it would be necessary to maintain continuous correspondence, through the embassies, on academic changes occurring in other countries, with particular reference to the number of years of study required to obtain the secondary school-leaving certificate, the establishment of new courses of study, and the authentications needed for the official acceptance of documents.

It would be desirable for the governments of the different countries to maintain an unimpeded flow of information between their educational institutions and their diplomatic missions abroad, so that both the bodies responsible for acceptance procedures and students requiring to go abroad may have prompt access to such information.

Ciudad Universitaria, D.F., 30 August 1984.

MARIA HEIDI PERENA GILI DIRECTOR-GENERAL OF INCORPORATION AND VALIDATION

Annex VI11

ANNEX VI11

CHILEAN NATIONAL REPORT TO THE SIXTH SESSION OF THE COMMITTEE FOR THE IMPLEMENTATION OF THE REGIONAL CONVENTION

ON THE RECOGNITION OF STUDIES, DIPLOMAS AND DEGREES IN HIGHER EDUCATION IN LATIN AMERICA AND THE CARIBBEAN

QUESTIONNAIRE SENT OUT BY THE SECRETARY-GENERAL OF THE REGIONAL COMMITTEE FOR THE IMPLEMENTATION OF THE REGIONAL CONVENTION ON THE RECOGNITION OF STUDIES, DIPLOMAS AND DEGREES IN HIGHER EDUCATION IN LATIN AMERICA AND THE CARIBBEAN, IN PREPARATION FOR THE SIXTH SESSION OF THE COMMITTEE, TO BE HELD IN CARACAS, VENEZUELA, FROM 1 TO 5 OCTOBER 1984

QUESTION (a)

(a) Conventions, agreements and other multilateral and bilateral legislation on the recognition of degrees and diplomas awarded in higher education and of studies carried out abroad.

The reply to the above question is as follows:

The relations between the Republic of Chile and other countries in connection with the official acceptance, recognition and certification of professional qualifications, academic degrees and studies are based on the provisions of the multilateral and bilateral international treaties listed below:

1. Multilateral treaties

- Mexico City Convention on the Practice of Liberal Professions, signed in Mexico City on 28 January 1902.

This Convention was ratified by the countries listed below on the dates specified in each case:

Costa Rica, 28 August 1903 (denouncing the Convention on 16 June 1976);

Peru, 22 December 1903;

Bolivia, 23 April 1904;

Honduras, 5 August 1904;

Nicaragua, 31 October 1904;

Chile, 27 September 1909;

Dominican Republic, 13 February 1911;

El Salvador, 4 June 1912; and

Guatemala, 6 August 1912.

Annex VIII - page 2 Regional Convention on the Recognition of Studies , Diplomas and Degrees in Higher Education in Latin America and the Caribbean, signed in 1974, being the subject of the sixth session of the Regional Committee.

2. Bilateral treaties

- Convention on the Practice of Liberal Professions, signed between Chile and Uruguay in 1916.

- Convention on the Mutual Recognition of Examinations and Professional Qualifications, signed between Chile and Ecuador in 1917..

This Convention is in the process of denunciation.

- Convention on the Practice of Liberal Professions, signed between Chile and Colombia in 1921.

- Cultural Convention between Chile and Spain, of 1969. Under bilateral agreements signed since the conclusion of this Convention, the practice of thirteen (13) professions is automatically authorized, on a reciprocal basis, in the two countries.

- Convention on Cultural Exchanges between the Government of the Republic of Chile and the Government of the Republic of Peru of 1978.

- Convention on Cultural and Scientific Co-operation between the Govern- ment of the Republic of Chile and the Government of the Federative Republic of Brazil, of 1978.

- Basic Convention on Educational Co-operation, Cultural Interchange and Scholarships between Chile and Panama, of 1962, concerning the mutual recognition in the two countries of scientific, professional, technical and artistic diplomas for the purposes of enrolment in further training or specialization courses.

3. Standard-'setting' function of the University of Chile

Apart from the international instruments referred to above, it has been considered useful to submit the following additional information about the regulations of the University of Chile, which is solely and exclusively empowered to accept and recognize professional qualifications obtained in foreign countries with which Chile has no multilateral or bilateral. treaty on this matter:

- Regulations for the Official Acceptance of Studies pursued at Columbia University, adopted on 4 April 1962 by the University Board and promulgated by University Decree No. 973 of 6 April in the same year. These Regulations refer to the official acceptance of the degree of Master of science in engineering of Columbia University for award of the professional qualification for civil engineers of the University of Chile.

- Decision of the University Board, adopted on 19 June 1963, concerning the mutual recognition of academic degrees awarded by the University of Chile and by Notre Dame University, Indiana.

Annex VI11 - page 3 - Regulations on the Recognition and Validation of Examinations passed and Degrees and Other Qualifications awarded abroad, approved by the Uni- versity Board on 19 December 1963 and promulgated by University Decree No. 1 1 of 2 January 1964. Under these Regulations, the University of Chile may officially accept any qualification obtained abroad, in countries with which Chile is not bound by an international treaty on official acceptance, by awarding to the applicant the equivalent Chilean qualification which it 'awards to its own graduates. Likewise, it may recognize partial studies pursued abroad with a view to their continuation in the appropriate course offered by the University of Chile.

- Complementary Rules for the Officiai Acceptance of Professional Qualifi- cations obtained abroad, approved by Decree No. 002543 of the University of Chile, dated 13 May 1982, laying down the procedures to be followed for the official acceptance or recognition of foreign professional qualifications corresponding to courses not available in the university of Chile. It should be noted that, in Chile, this University is solely and exclusively empowered to accept and recognize foreign qualifications, even when they do not match any courses offered by this institution.

QUESTION (b)

(b) The body.or bodies in each country which are responsible for recognition, - specifying their characteristics (whether ministries, some other type of institution), their status (public functions they perform (recognition, certification or procedure which must be followed.

On this point, a distinction is made in Chile between obtained in a country with which our country is bound by a lateral treaty on the recognition of qualifications, and a

universities or or private) , the evaluation) and the

a qualification bilateral or multi- qualification

~

obtained in a country with which Chile-is not bound in this way.

1. Qualifications obtained in countries that are signatories to bilateral or multilateral treaties or conventions

If the qualification has been obtained in any of the countries that are signatories to such international instruments, in respect of which Chile is also a contracting State, the Chilean body responsible for recognition is the Ministry of Foreign Relations of Chile, which keeps a register of persons who have graduated abroad in countries signatory to such treaties.

The required procedure is as follows: The applicant has his qualification entered in the above-mentioned register. The Ministry of Foreign Relations thereupon issues a registration certificate authorizing him to practise his profession in Chile on the strength of his foreign qualification.

For such purposes, the applicant must comply with the requirements laid down in the respective treaty or convention, that is, he must provide evidence of his identity, the genuineness of his qualification, the authentication of the relevant documents, etc.

Annex VIII - page 4 2. Qualifications obtained in countries with which Chile is not bound by

bilateral or multilateral treaties or conventions on this matter

In such cases, as has already been stated, the University of Chile is, in the words of its Statute of Organization, 'solely and exclusively' empowered to accept or recognize a foreign qualification for the award of a Chilean qualification which the university itself awards or even a qualification which it does not award.

These provisions are contained in Article 3 of.its present Statute of Organization,, in University Decree No. 11 of 1964, and in the complementary rules laid down in University Decree No. 002543 of 1982.

The procedure to be followed in such cases may be summarized as follows:

submission of the application for official acceptance of a foreign qualification for the award of the equivalent Chilean qualification, accompanied by the authenticated diploma and all the relevant curricular background, including vidual subjects;

a report from the appropriate degree of equivalence between ponding Chile. qualification

decision by the university on

the programmes'of study for the indi-

Faculty of the University of chile on the the foreign qualification and the corres- in terms of content;

the application for official acceptance.

If acceptance is approved, the applicant is awarded the degree conferred by the University of Chile, that.is to say, he receives the same diploma as the institution awards to its own graduates.

If the qualification for which official acceptance is requested does not correspond to a course currently offered by the University of Chile, the application is forwarded by way of a report to a Special Committee which has to be set up by the Academic Directorate of the University. A decision on the application is then made in the light of that Committee's report.

It should be noted that the official acceptance or recognition of foreign degrees, certificates and studies - apart from those covered by international treaties - has always been the exclusive responsibility of the University of Chile since its foundation, being expressly enshrined, albeit in different wordings, in the various Statutes of Organization which preceded the one at present in force:

Act of 1842 (1st Ley Organica de la Universidad de Chile), Article 16, final paragraph;

Act of 1879 on Secondary and Higher Education (2nd Ley Organica), Article 37;

D.F.L. NO. 4807 of 1929 (3rd Ley Organica) , Article 14, (1);

D.F.L. No. 280 of 1931 (4th Ley Organica), Article 13, (1) ; and

D.F.L. No. 1 of 1971 (5th Ley Organica), Article 72.

Annex VI11 - page 5 AS already mentioned, the University is empowered, in the exercise of

these responsibilities, to accept officially not only completed foreign studies leading to a degree or other qualification, but incomplete or partial studies as well.

As regards its status and characteristics, the University of Chile may be considered to be the 'National State University'.

QUESTION (C)

(c) National legislation and regulations governing the recognition of studies, degrees and diplomas, at both undergraduate and postgraduate level.

This question has already been answered in the replies to questions (a) and (b) .

In connection with the reference, in question (c), to 'both undergraduate and postgraduatelevel', it is felt desirable to make the following comments with regard to the official acceptance, recognition and certification of academic qualifications that do not entitle the holder to practise a profession in the country in which they are awarded.

Under the 1931 and 1971 Statutes of Organization of the University of Chile, this University was responsible for the official acceptance of academic qualifications as well as for that of professional studies and qualifications.

On the other hand, under its present Statute of Organization, the Uni- versity of Chile is solely and exclusively empowered to accept and recognize foreign 'professional qualifications'. The reason for this is that the official acceptance of a professional qualification implies the possibility of practising the profession concerned. This has certain important social implications, which the University of Chile has to consider carefully when deciding to accept a qualification. On the other hand, the official acceptance of an academic qualification has no obvious significance in strictly academic terms, apart from the fact that it may have certain practical implications in the'case of final academic awards, that is, awards which do not lead to a professional qualification but, under a particular law or regulation, may have the same effect as a professional qualification.

In the main, the employment specifically available to the holder of a -~ - ~

non-professional academic qualification (bachillerato, licenciatura, master's degree, doctor's degree) is confined to academic posts and other work within a university. Hence, the power to recognize such qualifications for academic purposes should be vested in each university and should not be the exclusive prerogative of the University of Chile.

It should be added that the work done by the holder of an academic degree does not have the same social implications as the practice of a profession.

Annex VIII - page 6 The fact that Article 3 of the present Statute of Organization of the

University of Chile does not empower the University 'solely and exclusively' to recognize academic qualifications does not mean that it may not recognize such qualifibations but should imply that any Chilean university may recognize such qualifications for academic purposes since, as has already been stated, the work associated with an academic qualification is, in the main, important only to a university and, thus, if such work is to be carried out within a university, the university concerned should have the responsibility of considering whether or not to recognize the qualification in question for the purpose of carrying out that particular academic work.

QUESTION (d)

(d) Responsible body, procedures and legal basis for admission to a profession, and immigration rules applicable to foreigners.

This question has already been answered in the reply to question (b).

QUESTION (e)

(e) Specification of the usage of the following terms in each country: convalidaciôn, revalidaciôn, revalida, incorporacion, reconocimiento, homologaci6n, equivalencia and any other terms relating to the subject.

The usage of these terms varies considerably and confusion often arises in the use of different terms.

In Chile, the main source of confusion in regard to the terms referred to in this question is the authorization for the practice of a profession covered by a multilateral or bilateral international treaty, which must also be understood as the 'recognition' (reconocimiento) of a qualification for the purpose of practising the profession concerned, based on the official acceptance of a foreign professional qualification.

In this cpntext, an attempt will be made to draw a basic distinction between two different situations:

1. Recognition of a qualification or-authorization to practise a profession

The authorization enabling a person who ha5 qualified in a foreign country to which our country is bound by an international treaty on the practice of professions freely to practise his profession in Chile is - apart, obviously, from the signature and ratification of the treaty - an administrative matter which simply involves the completion of the formalities required for authorization either by the treaty itself or by national legislation if the treaty so stipulates.

These formalities may vary considerably, involving, for example, provision of evidence of nationality in the case of certain professions (lawyer), provision of proof as to the authenticity of the qualification in question, submission of authenticated documentation, provision of eviderice of the applicant's identity, entry in specified registers, etc.

Upon completion of the formalities specified in the treaty or convention in question, or in national legislation if this is provided for in the treaty, an applicant coming from a country with which Chile is bound by

Annex VIII - page 7

a treaty on these matters who has obtained his qualification in that country, is authorized to practise his profession in Chile on the strength of his foreign qualification, once it has been entered in the register of the Ministry of Foreign Relations of our country.

, This does not mean that his foreign qualification has been officially accepted since official acceptance '(revalidation) , as explained below, entails the acquisition of a new qualification, namely the corresponding Chilean qualification awarded by the University of Chile, which means that he actually receives a new diploma.

2. Official acceptance of a qualification

On the other hand, official acceptance of a professional qualification obtained abroad necessitates its comparison with the corresponding qualification awarded in our country. This is made following an examination of the content of the subjects taken by the applicant in the country in which the qualification was..awarded in relation to the content of the subjects studied in the particular course concerned in Chile. This examination establishes the degree or level of equivalence between the content of the respective courses. Where there is complete equivalence, the foreign qualification may be officially accepted. In this case, the person concerned will be awarded the corresponding Chilean qualification, that is to say, he will receive the same diploma as is awarded to qualified Chileans in the same profession. Where complete equivalence is not established, the applicant will be required to provide evidence that he has the scientific knowledge required for the award of the professional qualification in our country, by taking professional courses or subjects, sitting examinations in some of those subjects or sitting general examinations, providing evidence of his knowledge of the national legislation governing the profession in question, etc.

As already mentioned, the University of Chile is solely and exclusively empowered to accept officially and to recognize in our country professional qualifications obtained abroad in countries to which Chile is not bound by treaties or conventions on these matters.

It should also be explained that official acceptance, in the sense of the comparative study described above, is not required for the practice of a profession if a treaty in force authorizes the practice of that particular profession in the respective signatory countries, subject to the completion of the required formalities. As already mentioned, such authorization is not synonymous with official acceptance whereby a new qualification is obtained in the form of a new diploma. However, if the person concerned wishes to have his foreign qualification officially accepted so as to obtain the corresponding Chilean qualification in addition to authorization to practise his profession on the strength of his foreign qualification, he will have to undergo the above-mentioned comparative examination and to comply with the academic requirements laid down by the University of Chile, in accordance with its own regulations as already specified.

Authorization to practise a profession thus constitutes an administrative matter, involving the authorization of a person from a State to which Chile is bound by a treaty on this subject to practise his profession in our country on the strength of his own qualification, obtained in the country in which that

Annex VIII - page 8 qualification is awarded. The official acceptance of a qualification, on the other hand, is an academic procedure involving the comparison of curricula and syllabuses and, finally, the award of a new qualification, i.e. the appropriate Chilean qualification in the form of a new diploma.

The terms in question are defined below:

'Convalidacih' (recognition) does not represent full official acceptance. It is applicable when the degree of equivalence in terms of content between the Chilean qualification and the foreign qualification for which acceptance is sought is not complete. In this case, the University of Chile may require the applicant to comply with certain academic requirements, such as taking particular subjects or sitting specific examinations in a number of these subjects or sitting general examinations , etc.

In such cases, acceptance takes the form of recognition.

'Revalida' is considered to mean the same as revalidacion (official acceptance).

'Incorporacion' (incorporation) is used with reference to access or entry to undergraduate or pre-degree courses; to post-degree courses such as specialization, further training and even refresher training courses; or to postgraduate courses leading to a master's or doctor's degree.

'Homologaci6n' (approval) relates essentially to subject-matter and is applicable when a subject in the programme of study of a Chilean course is considered to have been completed because the content of the corresponding foreign subject is equivalent or similar. In this case, the foreign subject is said to be 'approved'.

"Equivalencia' (equivalence) refers to cases where there is a large measure of similarity between the curricular content of professional courses of study, between programmes of study leading to academic qualifications, or between subjects that form part of such courses or programmes.

QUESTION (f)

(f) A'description of experience in regard to the recognition of partial studies, together with any other conceptual or technical contributions on this problem.

In the last subparagraph but one in paragraph 3 of the answer to question (a), the answer to question (b) , it is stated that, in the Republic of Chile, the standard-setting function of the University of Chile empowers it not only to recognize completed studies and to accept officially qualifications obtained in countries that are not signatories to treaties or conventions on the subject but also to recognize partial or incomplete studies pursued abroad.

and also in the last subparagraph but one in paragraph 2 of

As already mentioned, these matters are governed by the Regulations on the recognition and official acceptance of examinations taken and degrees and

Annex VI11 - page 9

other qualifications obtained abroad, approved by the University Board of the above-mentioned University on 18 December 1963 and promulgated in University Decree No. 11 of 2 January 1964, which lays down the basic requirements and procedures for the recognition and acceptance of 'certificates of partial studies' and 'partial examinations'.

These Regulations (promulgated in January 1964) formalized' a very long- standing, unwritten tradition at the University of Chile, whereby the Uni- versity has, in very many cases, accepted persons who, having carried out partial studies in other countries, have sought recognition of such studies either to enable them to transfer to the same Chilean course as they have been pursuing in their country of origin or to transfer to a different course.

On the question of partial studies in general, the following points should be borne in mind:

When completed studies are recognized and the corresponding qualification is officially accepted or recognized, the value and merit of a completed stage of a full university course is acknowledged. By definition, however, partial studies are incomplete. For this reason, the above-mentioned Regulations lay down, as a basic requirement for the recognition of partial studies carried out abroad, that equivalence in terms of content between such studies and the corresponding Chilean courses shall be established for the purpose of transfer either to the same course or to a different course.

QUESTION (9)

(9) An evaluation of the implementation of decisions and recommendations adopted at previous sessions of the committee, including an analysis of the difficulties encountered in the event of its having proved impossible to implement any of them.

The two basic recommendations made by the Regional committee at the sessions held in Panama City (May 1977) and in Mexico City (in February 1979) were :

that in each Contracting State a national body should be appointed to deal with and,solve the problems arising in that country in connection with the implementation of the Convention, or, in other words, that effect should be given to Article 8 (a) of the Convention; and

that each country should issue regulations for the implementation of Part III of the Convention, that is, the Commitments for Immediate Implementation, although no reference is made to such regulations in the text of the Convention.

With a view to carrying out the above-mentioned recommendations, the Government of Chile requested the Council of Rectors of the Chilean Uni- versities, in mid-1980, to consider the significance and scope of the Convention,-with a view to its implementation in Chile. At the same time, it suggested that the Council establish a National Commission to be responsible for the study and to put forward solutions.

Annex VI11 - page 10 At the end of 1980, the Council of Rectors of the Chilean Universities

appointed the above-mentioned National Commission, which was to be composed of the Secretary-General of the Council, who was to serve as its Chairman, and the Academic Vice-Rectors of the eight (8) universities in existence at the time (the University of Chile, the Pontifical Catholic University of Chile, the State Technical University - the present University of Santiago - the University of the North, the Catholic University of Valparaiso, Santa Maria University, Concepcion University and the Southern University).

This Commission was never actually set up and at the end of March 1983 the Council of Rectors requested the University of Chile to provide an information document on the subject; at the same time, it repealed the decision establishing the National Commission.

on 14 April 1983, the University of Chile issued its report on the subject. In that report, it dealt with the significance, extent and scope of parts I and II of the Convention and, in particular, put forward proposals for the discharge of each of the Commitments for Immediate Imple- mentation (Part III) in Chile. In point of fact, in the case of the commitment referred to in Article 5 of the Convention, on the practice of a profession, the University of Chile suggested more than one solution.

If the University of Chile is appointed as the national body to deal with and solve problems arising out of the Convention in Chile, it will quickly set about regulating the implementation of the Commitments for Immediate Implementation contained in Part III of the Convention.

The failure of the National Commission appointed in 1980 by the Council of Rectors of the Chilean Universities to function properly and the result- ing failure to put the Convention into effect may be attributed to the fact that the same year - 1980 - saw the start of the restructuring of the institutional system of university and higher education then operating in Chile. This complex process gave rise to a variety of problems concerning these matters at national level.

QUESTION (h)

(h) An evaluation of specific problems relating to the implementation of the Convention.

Perhaps the most important problem covered by question (h) lies in the inconsistencies between some of the articles or provisions of the Convention, particularly those referring to the recognition of degrees, diplomas and certificates for the purposes of the practice of a profession.

Such inconsistencies arise, basically, between Article 2.1 (a) (VI, which states that one of theobjectives of the Convention is to grant 'immediate.recognition' of the studies and qualifications in question for purposes of the practice of a profession, and Articles 1 (a) (ii) and 5 which, in short, state that recognition for the purpose of practising a profession means acceptance of 'technical competence' but 'does not have the effect of exempting' the holder of the foreign 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'. This .means that the Convention itself subordinates the practice of a profession to compliance with the legal, governmental or professional requi.ypmmts existing in each State. By the same token, in Article 5 of the Convention,

Annex VI11 - page 11 the contracting States undertake to adopt the necessary measures 'to secure, as soon as possible, ... recognition of degrees, diplomas and qualifications' awarded in other Contracting States for the purpose of the practice of a profession, although the practice of a profession is not authorized immediately.

SANTIAGO, 27 September 1984.

Annex IX

ANNEX IX

REPORT BY THE HOLY SEE TO THE SIXTH SESSION OF THE

CONVENTION ON THE RECOGNITION OF STUDIES, DIPLOMAS AND DEGREES, IN HIGHER EDUCATION IN LATIN AMERICA AND THE CARIBBEAN

REGIONAL COMMITTEE FOR THE IMPLEMENTATION OF THE REGIONAL

PRELIMINARY OBSERVATIONS

Before replying to the questionnaire sent out by the CRESALC Secretariat, we should like to make two preliminary observations, which may explain and account for any shortcomings there may be in our reply:

A. THE HOLY SEE

In the international sphere, as everyone knows, the Catholic Church is more than the Vatican City State established in 1929 as the successor of the papal States which had finally been absorbed by Italy in 1870.

The legal personality of the Holy See is by its very nature international, indeed universal, since it has a mission to the entire human race. Its whole doctrine and organization are addressed to mankind as a whole, transcending the barriers of race, civilization and State and uniting all people everywhere in a single family.

Hence the Church is unable - and still less does it desire - tp set itself up against any of the individual States regarded as exercising rights and subject to duties at the national and international levels. Being supranational and universal, it exists within each and every one of the individual nations but is not entirely contained within any one of them. As a force capable of inspiring all human activity, it cannot but offer its vital collaboration to all nations in the interests of the general good of their peoples and of every individual citizen.

To this end, it carries on activities which are above all-typically its own on the religious plane, while also co-operating on other planes.

The Catholic Church has its Organizational centre in Rome and in international relations is known as the Holy See.

B. CENTRES OF HIGHER EDUCATION

From the organizational point of view, 'Centres of Higher Education' covers all institutions of post-secondary or tertiary education, without distinction, regardless of whether or not they award academic (or scientific) or professional degrees or simple diplomas or certificates of study.

Although there is still a distinction between the two fields, the tendency today is to narrow the gap, making it easier, for example, for students to transfer from non-academic to ac,?clemic courses. Furthermore, students are not

Annex IX - page 2

always required to hold an official secondary school-leaving certificate in order to be admitted to academic courses. For this purpose, they are allowed to offer evidence of their suitability for academic studies by reference to other factors such as a different form of intellectual education from that officially required and, above all, specific work experience, particularly if it is connected with the type of Faculty in which they wish to enrol.

The distinction in institutions of higher education between academic and non-academic studies is also found in the educational institutions of the Catholic Church, whose academic legislation has, among other things, always recognized,the value of its non-academic studies for the purpose of admission to academic courses with a view to obtaining degrees.

C. 'FOREIGN STUDENTS'

Obviously,'within the Church no one is or can be a foreigner or outsider. Every member of the faithful is a citizen of the Church with full rights, and any person who is not a member of the faithful can freely become one.

In point of fact, the Church's centres of higher education are distributed throughout virtually all the nations of the world and accept students of any race, nation and social class.

In Rome, the centre of Christendom, the Supreme Pontiffs have founded, more particularly in the last century, 16 universities or independent academic institutions of ecclesiastical learning with the assistance of particularly qualified Religious Congregations; at the same time, with the help of Religious Congregations and the National Episcopates concerned, a 100 or SO ecclesiastical institutes have been established to accommodate students from abroad during their period of study in Rome.

All students are taught on a perfectly equal footing and those coming from Third World nations not infrequently achieve the most brilliant results.

Following the example of Rome, the main ecclesiastical universities throughout the world, particularly those in Europe and North America, pronide accommodation for students from other nations in their university halls of residence.

D. ECCLESIASTICAL UNIVERSITIES AND CATHOLIC UNIVERSITIES

In the field of academic higher education, the Catholic Church has two types of universities (academic centres of higher education), namely Ecclesiastical Universities and Catholic Universities, which differ in terms of their purposes and the content of the curricula that they offer.

The Ecclesiastical Universities are engaged in teaching and research in the specifically religinus - or sacred - sciences and disciplines of the Church itself., their explicit purpose being to preserve, deepen, promote and propagate Catholic religious truth and the profane branches of study connected with the sacred disciplines.

Annex IX - page 3

On the other hand, the Catholic Universities are engaged in teaching and research in the profane or secular sciences and disciplines.

So far as the Ecclesiastical Universities are concerned, the Church is the only competent authority, in regard both to the subjects taught (Christian religious learning and profane learning connected therewith) and to the ecclesiastical functions or 'professions' for which almost all the students attending such universities are trained.

In the case of the Catholic Universities, where the sciences taught and cultivated are profane, the Church carries out its work in conjunction and agreement with the civil authority. This is because the subjects taught are not its exclusive responsibility, since the occupations or 'professions' for which the students are trained are not religious or 'ecclesiastical'.

In the case of the Ecclesiastical Universities, therefore, the Holy See is the sole authority and, as such has always laid down rules governing both their establishment, structure and operation and the purpose of the academic degrees awarded by them. In the case of the catholic Universities, the Holy See has confined itself to a very few general provisions.

1. LEGISLATION AND ADMINISTRATIVE PRACTICES ... RELATING TO THE RECOGNITION OF KNOWLEDGE CERTIFIED BY DEGREES OR DIPLOMAS OBTAINED ABROAD

1.1 The legislation concerning Ecclesiastical Universities and faculties of the ïloly See is contained in the Apostolic Constitution 'SAPIENTIA CHRISTIANA', promulgated on 15 April 1979 by His Holiness John Paul II, and in the Code of Cannon Law (Canons 807-821), promulgated by the above-mentioned John Paul II on 25 January 1983.

1 .l.a On access to higher education:

'Ecclesiastical FaCulites are open to all, whether ecclesiastics or laity, who can legally give testimony to leading a moral life and to having completed the previous studies appropriate to enrolling in the Faculty. ' (Sap. Christiana, Art. 31 .)

'To enrol in a Faculty in order to obtain an academic degree, one must present that kind of study title which would be necessary to permit enrolment in a civil university of one's own country or of the country where the Faculty is located.' (Sap. Christiana, Art. 32, para. 1.)

'The Faculty, in its own Statutes, should determine what, besides what is contained in paragraph 1 above, is needed for entrance into its course of study, including ancient and modern language requirements.' (Sap. Christiana, Art. 32, para. 2.)

1.l.b Continuation of studies in hiaher education :

In view of the above, the continuation of studies in higher e5caticn depends on the C4:=t.;t?s of each Ecclesiastical Faculty or University, which must be approved by the Holy See before they can come into force (cf. Code of Canon Law, Can. 817) .

Furthermore, 'The Statutes should equally determine how the students can for serious reasons be suspended from certain rights or be deprived of them or even be expelled from the

Annex IX - page 4

1.2

1.3

Faculty, in such a way that the ,rights of the students, of the Faculty or University, and also of the ecclesial community are appropriately protected'. (Sap. Christiana, Art. 35.)

1.l.c In regard to the practice of professions, it should be pointed out that:

In view of the specific nature of ecclesiastical studies and their function in the Church, there is no concept of the practice of a profession that may be regarded as equivalent to the uses of qualifications in the profane sciences existing in the different countries of the world.

The various offices or occupations are governed by the Code of Canon Law, by the legislation promulgated by the Holy See, and by the provisions of the various National Bishops' Conferences. The practice of professions in the Ecclesiastical Faculties and Universities is governed by the relevant provisions of Articles 11 to 30 of the Apostolic Constitution 'Sapientia Christiana'.

- In general, - - '/the/ rights and duties /of all the people/ within the academic community must be accurately set down in tze Statutes' (Sap. Christiana, Art. 11.2). 'To be legitimately hired as a permanent teacher in a Faculty, a person must: (1) be distinguished by wealth of knowledge, witness of life, and a sense of responsibility; (2) have a suitable doctorate or equivalent title or exceptional and singular scientific accomplishment; (3) show documentary proof of suitability for doing scientific research, especially by a published dissertation; (4) demonstrate teaching ability - . . ' (Sap. Christiana Art. 25.1. ) - 'In hiring teachers, the scientific requirements in current force in the university practice of the local area should be taken into account. ' (Sap. Christiana , Art. 25.3. )

The body of the Holy See responsible for recognition is the 'CONGREGATION FOR CATHOLICEDUCATION,Vatican City', which corresponds to the civil Ministries of Education or Public Instruction.

Within the Congregation for Catholic Education, there is a special department known as the 'Ufficio Vidimazioni' (Authentications Office), which is responsible for recognizing, certifying or evaluating the studies and qualifications awarded by the various universities.

The methods and criterhapplied for the recognition of studies carried out and degrees and diplomas obtained in the different countries are laid down in the legislation currently in force, namely the Apostolic Constitution 'Sapientia Christiana' on Ecclesiastical Universities and Faculties.

Annex IX - page 5 1.4 -The two terms most commonly used by the Holy See in the recognition of

qualifications and diplomas are authentication and legalization.

- Authentication is the approval, recognition or acceptance of specified studies.

:L Legalization refers to the legal value of such studies.

1.5 Further on (cf. No. 3), in reference to the agreements with individual countries, the report gives an account of the measures taken by the Holy See in recent years with a view to putting the provisions of the Convention into practice.

2. NATIONAL BODIES RESPONSIBLE FOR MATTERS RELATING TO THE RECOGNITION OF STUDIES, DEGREES AND DIPLOMAS IN HIGHER EDUCATION

2.1 The body of the Holy See responsible for recognition is the Sacred Congregation for Catholic Education. Its postal address is: VATICAN CITY or: 00193 ROME , Piazza Pi0 XII , No. 3.

2.2 It has general powers and may make decisions concerning all degrees, diplomas and other qualifications.

This Congregation is concerned.with institutions of all types and levels, under Ecc~lesiastical Authority throughout the world, that are engaged in the training of Catholic and non-Catholic lay youth.

It also presides over all the Catholic and Ecclesiastical Universities throughout the world, the seminaries for the training of secular clergy and, with regard to purely scientific matters, the seminaries for the training of religious clergy. The Sacred Congregation for Catholic Education deals directly with the bodies under its jurisdiction throughout the world. It normally avails itself of the good offices of the Pontifical Diplomatic Missions to the different nations (Papal Nuncios or Apostolic Delegates). The latter (in addition to the Sacred Congregation for Catholic Education) may be approached by any governmental or private bodies in the States signatory to the Latin American and Caribbean Convention in connection with matters covered by the Convention.

3. CONVENTIONS, AGREEMENTS AND OTHER INTERNATIONAL INSTRUMENTS ON THE RECOGNITION OF STUDIES, DEGREES AND DIPLOMAS IN HIGHER EDUCATION

We refer here to the conventions and agreements entered into by the Holy See in Latin America, and to other legal provisions relating to a number of Latin American countries which refer either to Ecclesiastical Faculties or Universities or to Catholic Universities.

3.a BOLIVIA: Under Decree No. 07745 of the Presidency of the Republic of Bolivia, dated 1 August 1966, the studies and degrees of the Bolivian Catholic University are recognized for all purposes.

Annex Ix - page 6 3.b BRAZIL: In Brazil, there are no agreements between the Holy See and

the Government of Brazil. Brazilian legislation makes them unnecessary. Under the Constitution, education may be provided by private enterprise, which should be accorded technical and financial support. The Law of 20 December 1961 reasserts the principle of free enterprise, recognizing that no distinction may be made between degrees and other academic qualifications on the basis of the public or private status of the university institutions concerned. Private universities naturally have to be recognized by the Federal Education Board.

3.c CHILE: There are two academic institutions - the Catholici. University of Santiago (Chile) and the Catholic University of Valparalso - whose studies and degrees are recognized by the Government and by the State Universities.

3.d COLOMBIA: Apart from the Regional Convention on.the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the .Caribbean, the question of the recognition of ecclesiastical studies is dealt with in Article X, para. 2, of the Concordat in force: 'The Catholic Church shall retain its independence in the establishment, organization and management of Faculties, Institutes of Ecclesiastical Studies, seminaries and training houses of religious orders. Recognition by the State of qualifications awarded by such institutions shall be the .subject of subsequent regulations' ..

3.e COSTA RICA: The only independent Catholic institution in Costa Rica is the Pedagogical Institute of Religion, which is recognized by the Higher Education Board as an advanced teacher-training institution for the purpose of training teachers of religion. upon completion of a three-year course, the Institute awards the 'Teacher of Religion' qualification, which entitles the holder to teach in primary schools. This qualification is lower than the Bachillerato (secondary school-leaving certificate) . The Bishops' Conference and the National University of Heredia have recently signed an agreement with a view to training teachers of religion €or secondary schools. As a result, graduates of the Pedagogical Institute of Religion may obtain the qualification of Bachiller de Ensenanza Media (senior high-school certificate) of the National University, after completing an additional three-year course.

3.f ECUADOR: There is no convention or agreement between the Holy See and Ecuador on the recognition of studies and degrees. Studies followed at the Pontifical Catholic University of Ecuador and the academic degrees awarded by it have the same value as the studies and degrees of the other Ecuadorian universities.

Section 1 of the Universities and Polytechnic Schools Act, in force since 1982, recognizes these institutions (and, hence, the Catholic University as well) as 'independent legal entities, with full and exclusive powers

Annex IX - page 7

to . . . grant, recognize and accept officially academic degrees and professional qualifications'. Under this section of the Act, the Pontifical Catholic University of Ecuador may recognize or establish equivalences in respect of studies carried out and qualifications obtained in the institutions of other States, regardless of whether or not they have agreements on the subject with Ecuador.

3.g PANAMA: In 1963, the Catholic Church in Panama was authorized to open a private university, the 'Santa Maria La Antigua' University,, which of-fers regular programmes of study. Resolution No. 33 of the Ministry of Education, dated 27 April 1965, includes provisions whereby 'the academic degrees and professional qualifications conferred by the 'Santa Maria La Antigua' University are deemed to be authorized by the State so Long as they comply with the provisions of Article 1 of the Decree-Law of 11 July 1963'.

3.h PARAGUAY: There are no official agreements either between the Holy See and the Government or between the Bishops' Conference and the Government on the matter in question. There is a Catholic university, the 'Universidad Cat6lica de Nuestra Senora de la Asuncion', which is a legal entity within the terms of the Canon Law of the Catholic Church; it functions under the authority of the Bishops' Conference and is approved by the Sacred Congregation for Catholic Education. In civil terms, it is a legal entity under private law, governed by Statutes approved by the Ministry of Education and Religious Matters.

3.i PERU: On 19 July 1980, an agreement was signed between the Holy See and the Republic of Peru, providing that the Diocesan Seminaries and the Training Centres of Religious Communities shall be recognized as institutions of higher education, and the degrees awarded by them shall be qualifications conferred 'on behalf of the Nation' and shall accordingly have the same official value as those awarded by public institutions. The General Education Act of 18 May 1982 is in line with the Agreement, to which it explicitly refers in Article 59.

Article 96 of the Universities Biii passed by the Senate is substantially the same as Article 20 of the Agreement. It reaffirms that degrees conferred by the Diocesan Seminaries and by the Training Centres of Religious Communities are qualifications 'awarded on behalf of the Nation', without mentioning that such institutions are recognized as institutions of higher education.

It should be emphasized that, to date, the Bishops' Conference has not determined what qualifications, and on what conditions, are to be awarded by the institutions mentioned in the Agreement.

Annex IX - page 8

3. j

3 .k

4.

The Pontifical and Civil Theological Faculty of Lima regained its independence and had its qualifications once more officially recognized under the 1935 Act. This situation was ratified by the Congregation for Seminaries and Universities in 1937. The Faculty is currently governed by Decree-Law No. 18009 of 29 November 1969. The General Education Act of 1982 confirmed that this Decree continues in force.

URUGUAY: There are no agreements or concordats. Private educational institutions of any type and level may award certificates of study or academic degrees that are valid for civil purposes only if they are officially accepted by the competent State authorities.

VENEZUELA: While there are no agreements with the Holy See, there are two Decrees of the President of the Republic, published in the Official Gazette, one recognizing the 'Santa Rosa de Lima' Seminary in Caracas as being of university standing (17 July 1980); and the other according to the 'Santo Tomas de Aquino' Diocesan Seminary in San Cristobal, Tach, the status of an Ecclesiastical University Insitute (30 September 1981).

INFORMATION AND DOCUMENTATION ON THE RECOGNITION AND OFFICIAL ACCEPTANCE OF STUDIES, DEGREES AND DIPLOMAS IN HIGHER EDUCATION

Procedures followed to date for securina the recoanition of ecclesiastical studies and diplomas in higher education by other States

Every year hundreds of students at the 16 Ecclesiastical Academic Centres in Rome and the other 120 Ecclesiastical Academic Centres throughout the world obtain the Bachelor's Degree, the Licentiate Degree or the Doctorate in Ecclesiastical Sciences. The Holy See provides for the authentication of the corresponding qualifications (and frequently also the certificates for individual subjects, with their respective marks). It does this through diplomatic channels, that is, through the Sacred Congregation for Catholic Education , the Secretariat of State of the Supreme Pontiff, the embassies of the various countries accredited to the Holy See and the Ministries of Foreign Affairs of States from which recognition is sought. Recognition is requested for a variety of purpo.ses, which range fromthe establishment of the equivalence of subjects or examinations with a view to obtaining higher diplomas in universities that axe independent of the Church, to enrolment in State or private universities, teaching in State or private schools or the 'construction' of a professional career for State employees or employees of private bodies.

When, for various reasons, it is not possible to secure direct recognition by a particular State (for example, if it does not diplomatic relations with the Holy See), an indirect procedure followed .

have is

Annex IX - page 9 5. PROGRESS MADE IN THE IMPLEMEMCATION OF THE! CONVENTION

As may be seen from the information provided under item 3, progress is being made. and will continue to be made along the same lines as needs arise. Ifinsome instances little appears to have been achieved, this is primarily because the Convention has not been publicized widely enough and is therefore not familiar to all the academic institutions in the countries that have signed and ratified the Convention. There is no doubt that wider publicizing of the Convention will make future work easier.

6. PROBLEMS ENCOUNTERED IN THE IMPLEMENTATION OF THE CONVENTION

To date, the Holy See has not encountered major problems. It has endeavoured to press for observance of the Convention through its Diplomatic Missions in Latin America and,the Caribbean. To be strictly accurate, it should be added that there is one government which, even though it signed the 1974 Convention, does not feel bound to accord equivalences in respect of degrees and diplomas obtained in the ecclesiastical institutions of the Catholic Church, since the Constitution of the country in question does not recognize the Catholic Church as a legal entity.

In practice, however, the degrees and diplomas awarded by ecclesiastical academic institutions are to some extent taken into consideration. In each individual case, an analysis is made, not of the degrees and diplomas as such, but of the studies carried out and, on the basis of the subjects studied, concessions are allowed farthe 'curriculum of studies' needed to obtain a civil qualification.

Annex X

ANNEX x

REPORT BY COLOMBIA TO THE SIXTH SESSION OF THE REGIONAL COMMITTEE FOR THE IMPLEMENTATION OF THE REGIONAL CONVENTION

ON THE RECOGNITION OF STUDIES, DIPLOMAS AND DEGREES IN HIGHER EDUCATION IN LATIN AMERICA AND THE CARIBBEAN

Annex X - page 2

CONTE iJT S

Page

Introduction ........................................................... 3

The Regional Convention and the Application of Legislation ............. 3

The Practice of Professions in Colombia ................................ 5

Statistics on the Recognition.of Degrees and Diplomas .................. 9

Evaluaticn of the Implementation of the Convention ..................... 10

Final Yemarks ...'. ....................................................... 22

Annex 1: Regulated ~rofessions ......................................... 23

, ;. , ., . I

Annex x - page 3

INTRODUCTON

In accordance with the recommendations of the Regional Committee for the Implementation of the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean. Colombia submits the following report to the Sixth Session of the Committee.

makinqtheviewthatthe various items proposed as the framework for this study have been aealt with extensively in previous reports, the Office of.: Information and International Co-ordination of ICFES (Institut0 Colombiano para el ' Foment0 de la Educacion Superior) has decided, after putting the proposal on a number of occasions to the Executive Secretariat €or the Convention, to discuss in detail the aspect directly connected with the practice of professions, which reperesents the ultimate and principal purpose of the Convention.

The report has accordingly been prepared from this point of view and deals with the practical aspects of the implementation of the Convention in Colombia. This emphasis is reflected in the subjects considered, which includs an analysis of the terms used in the Convention and the laws governing the professions in Colombia, together with a summary of these laws, a description of the professional bodies and associations involved, an examination of the academic and legal effects of recognition, a diagram showing the recognition procedure and an account of the relevant immigration rules. The report also contains an evaluation of the implementation of the Convention and the problems encountered in signatory countries in regard to the recognition of Coiombian qualifications, with special reference to the practice of professions by Colombian nationals in a number of these countries.

Thisemphasis on admission to the practice of a profession is simply indicative of our wish that the countries that are parties to the Regional Convention and have commitments under it should implement it to the full, as we are certain that it is by that means that genuine integration of the area can be achieved - something that is becoming increasingly urgent and necessary if all-round development is to take place.

RECOGNITION

1. THE REGIONAL CONVENTION AND THE APPLICATION OF LEGISLATION

The underlying idea of the Regional Convention on the Recognition of Studies, Degrees and Diplomas in Higher Education in Lath America and the Caribbean is simply to achieve integration of the area in respect of the interchange of human and technical resources. This understanding of the Convention has led Colombia to subscribe unreservedly to this idea,

Annex x - page 4 translated into objectives defined in terms of specific rights relating both :to the continuation of studies and to the practice of a profession.

Faithful to the letter as well as to the spirit of the Convention, Coliombia is accordingly applying provisions deriving from the definition given in Article l(a)(ii) of the Convention, which states that: ... '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 oftheholderofnationaldiplomas, 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'.

Article 5 of the Convention states that: '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'.

Observing the spirit and letter of the Convention and duly rezpecting and complying with the international commitments entered into on these matters, Colombia, through ICFES, is applying the 'Principle of Diplomatic Reciprocity' and recognizes the higher education qualifications awarded by the Signatory countries. It may be said that, since Law No. 8 of 21 January 1977, ratifying the Convention, was sanctioned, and particularly since the Reform of Post- secondary Education came into effect in February 1980 granting exclusive authority for the recognition of studies and qualifications to this Institute, the Convention has been implemented in full.

The necessary measures have at all times been taken under the terms of the Convention which, as has already been noted, do not have the effect of exempting the beneficiary of recognition from the obligation to comply with any other conditions that may be required.1Eor the practice of a profession. On the contrary, due attention is paid to the provisions of the Professions Act, which are fully observed when recognition is sought and ultimately accorded, taking into account the scope, requirements and restrictions of that Act.

These laws represent the national legal provisions to which the Convention also refers in the definition reproduced above. They regulate the practice of professions in the country, as we shall see in more detail below. We can state with pride and certainty that to date, since ICFES has had the exclusive authority already mentioned, no effort has been spared and no opportunity missed to recognize the qualifications of nationals or foreigners, awarded in any of the signatory countries, who have applied for recognition.

The Colombian legislation on the practice of professions has, in a certain sense, provided guidelines for.these developments. It has never constituted ?n obstacle to recognition but has rather, served to guarantee at all. times that qualified people wishing to work in the country have the opportunity to practise their respective professions.

Annex X - page 5 2. THE PRACTICE OF PROFESSIONS IN COLOMBIA

2.1 Legal basis

The practice of professions in Colombia is governed by specific laws promulgated by the State on the basis of Article 39 of the Constitution, under which everyone is free to choose his/her profession or occupation. The practice of professions and occupations is protected by the State with the object of guaranteeing the exercise of such activities, this being directly related to the freedom to work. This freedom is not, however, un- restricted and the lawmaker may regulate the practice of the professions as provided by Article 39 of the Constitution.

The laws governing the practice of professions in Colombia in general lay down that a specific profession may be practised in the territory of the Republic by nationals or foreignexs who have obtained abroad qualifications that are recognized in Colombia under the terms of international conventions in force on the subject. Where thore are no such conventions, they lay down the procedures to be followed, define the practice of professions and the practice of the particular profession in question, establish the requirements for the practice of professions (academic qualification, its registration, professional enrolment and registration), provide for the establishment of bodies to be responsible for inspection, control and supervision (structure, designation , period of establishment , status, restrictions to which they are subject, functions, etc.) and determine the penalties and related procedures to be applied in the case of people found guilty of illegal practice of the pro?essions.

2.2 Regulating bodies

The bodies in question are specialized according to the area of knowledge covered by the particular profession. As a general rule, they are attached to ministries, which gives them a quasi-official status, and are called National Professional Council. They are essentially consultative and advisory bodies which also have disciplinary powers enabling them to prevent and control any improper professional practice, without prejudice to any criminal liability that the professional involved may have incurred. Their quasi-official status derives from their composition: a National Professional Council is basically composed of public organizations connected with the particular profession concerned. It is presided over by the minister responsible for the area of activity in question or by his delegate and is attached to his office. The membership also includes representatives of institutions of higher education and one or more representatives of the relevant professional associations.

With a view to ensuring that the activities of these bodies cover the whole country, the Colombian State permits and authorizes the establishment of Regional Councils, the structure of which reflects the combination of the national level with local-government representation (see Annex 1).

2.3 Effects of recognition and the practice of the professions

Besides being responsible for the inspection , control and supervision of the practice of professions, the Professional Councils issue the appropriate registration certificates or licences. The first step in this procedure is the academic and legal recognition of the applicant's qualification, for which a Recognition Decision issued by ICFES is necessary.

Annex x - page 6 Such a decision in fact has an effect in terms both of academic work.

and of the practice of a profession:

it recognizes the academic and professional competence of the beneficiaries:

it enables them to meet one of the requirements laid down by the Colombian State for the lawful practice of a profession. Such a decision is thus equivalent to certification of the academic achievement of a person in the final stage of a post-secondary education programme and moreover constitutes authorization for the person concerned to practise a profession, provided he complies with the other requirements laid down by the law on the profession in question.

At this stage, that is to say, once his qualification has been recognized, the beneficiary is on an 'equal' footing in the country with professional people who have qualified in an institution of higher education after carrying out all their studies in the country. This equality of rights applies in relation to the State, to the law governing the particular profession, and to academic regulations in the event of the person concerned wishing to continue his studies in Colombia.

2.4 Immigration rules

As already noted, the laws governing the practice of professions in Colombia stipulate that the professions may be practised in the country both

2 by Colombians and by foreigners.

In this case, and without prejudice to international conventions, any person wishing to practise in the country who has obtained a higher education qualification abroad is required to secure the recognition of his qualification by application to ICFES, register this recognition and, finally, register with the appropriate Professional Council.

The above-mentioned laws also provide for the defence or protection of Colombian professionals, thus restricting the extent to which foreigners may practise their professions. These measures, which are connected with the legal status of the immigrant, are implemented through various governmental authorities. This means that the foreigner has first of all, to establish his position as regards identification and residence in the country by obtaining an ordinary visa issued for a period of not less than two (2) years by the Ministry of Foreign Affairs. Subsequently, the Alien' s Identity Card is issued by the Aliens Section of the Adminstrative Security Department ('DAS').

When submitting his application for recognition to ICFES, therefore, the foreigner is required to provide evidence of identity, in the form either of his passport, which will contain the above-mentioned visa, or of his Alien's Identity Card. This has a twofold effect: it assures the applicant that, once his qualification is recognized, he will be able to work legally under the terms of the law governing his profession; and it assures this Institute that the recognition formalities are completed on bases that represent an eminently practical and effective implementation of the Convention.

L

Annex x - page 7

START

OllC receives application and x supporting documents

L I

Documents are assembled into a file. Seriai U number assiqned.

Ad<nowledgernent of receipt sent to apeiit quoting reference number

OIIC professionais prepare preliminary

File fomarded lo head office and decision made

Diagram of recognition procedure

Q 1

university or academic subdirectorate

Direcg dispatch mrding to decision

I_n_I File leaves

Acceptance Of subieas

Notitication Of person concerned

Reply received

1 Validations requested I horn ha university

Reply received with results

I Validations requested

Unsatisfactory

Second evaluation: technical report

Yes

o/JJ NEGATIVE

Nol in order (Appiication refused)

Annex X - page 8

forwards file

Professional prepares draft decisions __

Documents sent r-l ~tvpinepooi

Documents checked by professional

Internal procedure: review and signature

- m C m u a r t e r s

4

Signature of Director

c çignature of ÇeaetatyGeneral

+ Secretariat numbers and photocopies

File and decision returned to OllC

Applicant advised

Applicant appears and is notified of decision

Q yk decision

OllC arranges for new report from university or academic r+-l subdirectorate

YeS No

Decision amended Applicant advised

L I

Decision amended U Applicant advised IGI. This stage is similar to the signature

Signatureand stampon. original qualification

Registration: legal sub-directorate

Final delivery to applicant

End

. . . . , -_ - . .. - . . . .

6

Annex X - page 9 3. STATISTICS ON THE RECOGNITION OF DEGREES AND DIPLOMAS

As we believe that statistical illustration is the most objective way of showing what has been done as regards the recognition of higher educaton qualifications by Colombia, we give below a series of statistical tables which, in order to maintain continuity in the method of presentàtion of our reports, contain the same variables and characteristics as in previous years.

To enable every country and the Committee to evaluate what has been done in. Colombia in the light of their own interests and projections, the above-mentioned tables provide a detailed picture of the number of degrees and diplomas recognized, by areas of learning, between 15 February 1980 and 30 July 1984. This part of the report includes a new table which covers the situation in the same period with regard to the nuniber of applications received by the Office of Information and International Co-ordination (OIIC) , the Recognition Decisions made on a year-by-year basis and the present position of applications pending, with an explanation of the relevant factors.

. 3.1 Statistical analysis

On the basis of the figures presented in the tables, a number of: general observations may be made:

The advantages of the Regional Convention may be judged to be considerable, in view of the fact that the highest number of qualifications recognized relates to degrees and diplomas awarded in countries that have ratified the Regional Convention. This figure also represents the highest percentage in relation to the total number of qualifications recognized (see Tables lA, 1B and the General Table).

The percentage referred to above is still more significant in terms of the size of the group of countries concerned. While the Convention has been ratified by twelve (12) countries, the table for the European countries which follows covers sixteen (16) countries. (See Tables 1A and 1B and-Tables 3A and 3B.)

A constant factor in the four-and-a-half years' work considered is the high )number of degrees and diplomas recognized in the area of the Health Sciences, which covers the professions connected with medicine, dentistry, nursing, the various therapies, bacteriology and clinical laboratory work. Under this heading, the highest figure relates to qualifications awarded in the Republic of Ecuador.

Annex X - page 10 4. EVALUATION OF THE IIPLEMENTATION OF THE CONVENTION - _. - ..

The foregoing sections of this report show very clearly how Colombia has implemented the Convention. Accordingly beneficiaries legal as well as academic rights. In the light of the experience gained in the recognition of qualifications over a period of more than four years, the Office of Information and'Internationa1 Co-ordination has become aware of the limita- tions and shortcomings in the implementation of the Convention by many countries, where it is not used as a means of expediting the recognition of studies and qualifications in higher education. On the contrary, in such countries, either people do not know that the Convention exists or, although they are aware of its existence, requirements are sometimes imposed with regard to programmes of study, documents and other matters, to such an extent that the applicant is virtually obliged to take the course of study in question again.

With a view to clarifying the present situation and continuing to see that the Convention is satisfactorily applied, the Office of Information .and IntLernational Co-ordination has sent sevekal communications to 'the Colombkn diplomatic missions in Signatory Countries to obtain .reliable information about how Colombian professionals and Colombian qualifications a r e - t r ~ ~ ~ - t h o s e countries. Similar steps have also been taken at an officia.1. ,ïever-Tnrocï- - Cultural. Relations and Propaqation Division of the Ministry of Foreign Relat=\--.-

From the replies received, we have found that the following difficulties arise : ~. . _- . -. - . . . . . .

In most, if not all countries, there is no body responsible for the implementation of the Convention as provided for in Articie2, paragraph l(d) of Chapter II of the Convention, which refers to:

' . . . - /Getting7 up the national and regional bodies needed to facilitate the most rapid and effective application of this Convention.'

In the absence of such a body, those responsible for recognition are the universities, which claim and assert their 'independence' - in this matter - in that they require the production of programmes of study, lay down the number of subjects to be taken by the applicant or, in the worst of hypotheses, refuse to recognize his qualification.

Similarly, although the qualification may be.recognized, such recognition is frequently accorded solely for academic purposes and has no effect in relation to the practice of a profession. This is a flagrant violation both of the spirit and of the letter of the Convention. It goes against the spirit of the Convention because the purpose for this this instrument was drafted signed and ratified was, and still is, to promote the economic, social and cultural development of the region and full employment in each of the countries. Furthermore, it is undoubtedly an extremely positive factor, in that it implies the training and optimum use of a growing number of scientists, technicians and other specialists. So far as the letter of the Convention is concerned, reference may be made to Article 2, paragraph l(a) (v) of Chapter LE, which speaks of: I ... grantingimmediate recognition of studies, diplomas, degrees and certificates for academic purposes and for purposes of the practice of a profession'.

.. .. . , . ._ . . .. . . . .

. - _. r - I - .

Annex X - page 11 Similiarly, Article 5 of Chapter III states that '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'.

With regard to the phrase 'as soon as possible', it is pointed out that, with the exception of two of the countries that have ratified the Convention - one in 1981 and the most recent in 1983 - the other Contracting States deposited their instruments of ratification between 1975 and 1978 - a fact suggesting that sufficient time has elapsed for procedures to have been consolidated and the aims set out in Chapter III on 'Commitments for Immediate Implementation' to have been achieved.

Annex X - page 12

P

E 4

E al

rl

w Y

ri m

b -4

Cb

4 al

Cal C

+ U

E

rn

o

al TJ 4

.rl al

ci LI -4 E

Uutal

C-i >

1UC

om

0

U&U

8

N

-

mu

N -4-

v

r

Cu

Cu

Ca c- A

t- O 7

LI O a m

Li

>

04

7

cn

m 0

-4

w

w

am

v)

Co

Cu c

tr r7

O

Ln In

LI al a L4 O 4

m O -4

U

3 s a d m .O .d C a

cn m +

-

W al In c

W

W

In

O U

-4

X al z

lnnex X - page 13

&

al a LI O

-I m U .Pl 4J

4 E a rl m c v)

-4

c m a rn

+

Annex X - page 14 -

Cu a3 cn A -

c' r

Co lc

Cu cu

A

Ln

.-

I

v3 O

a3

-

A

sqxe aurd

..

N W

Cu

--

id a Id c id U

n id 1 (3i Id L! id PI

.

Annex X - page 15

*

m

Jb

4

a3 a3

E

-I-

F

a3

m 5 m 5 u

..

.

Annex X - page 16 ;I

e sqre auTi

+ffl 4

Li U C 7 O C ai a

O 7

w +

ma x - page 17

N 7

s r U

rc

Annex X - page 18

. ..

-. .

.. td 1 c) O O

- page 19

i

Annex X - page 20

v)

w v1 8 E

O

d 4

U H

'B z

ml

GI A v) 3

E4 w p:

ml-l

N

VI a,

-I+

rn U) -

ai 8 .

.

rlcJ

rn Ll O c, O

W Ll

al s

4J O a

GENERAL DEGREES AND DIPLOMAS RECOGNIZED BY COLOMBIA (15 February 1980-30 July 1984)

Annex X - page 21

- II) O C 4

v1 ri

O .rl U

U a w

m

-

3 13

7

5 3 7 40 9

87 - - 4

1 53 2 5 6 7 2' 80 -

- . -.

YI (U

(U .-I II)

!2

Y rl

al X m

- 2

30 4 15

378

50 3 3

10

495 - - 67 6 J 2 14 2

5 6 -6

1 O9 -

- .. .

YI (U

C P O c .d

II)

( U r n 'rl J U 0 ..l .-I c m

m u

z 2; -

1

5 1 61 12 2 70 -

2

13

2 ' 17 -

z

- G P

Lit m c .rl 5 m u a w !ùz<

C U r 4 0-I u(U

m u c C J m .rl

(Ualc al U .-I

-IC

7 1 1 21

12

50

4 1 3 2

43 2

6 1

7

rl

ln0 al 4 o u c .rl

- 9

28 :: &ln Pal

A C 0 4 a l U 3 -rl Lod II)

a m c

o m u

- 2 1 3

4 5 3 1

4 4

27 - - 7

2 30 1

3

- 43 - 5 1 3 17 9

1

1

1

2 40 - -

1 1

v1 Poi C U

II) 4 U 0 ..l II) U

a l l 4 S J u u E C

m c

m r i ~m

m r u -

4 3 1 1

1

3 2

14

1 1

13

1 1

17 -

REGIONAL CONVENTION

Netherlands Antilles (Netherland: Brazil Chile CUbA Ecuador Eï Saivedor Mexico Bicaragua - Holy S M Vmczueh Tuaor lavi a Subtotal

AnERICAç

koaptlp. Bolivia C d k 8 t 8 RiCa United States Durtada E d m U Parwwv Parai W m m i c a n Republic '

Subtotal

4 €0 27 19

4 23 5 86 7 13

1 O5 38 2 -

88 . 8 7 9

214

12 2 a -16 10

a

- EUROPE

Austria Belgium Bulgaria Czechoslovakia Spain France United Kingdom Netherlands Hungary Italy Poland German Democratic Republic Germany, Federal Republic of Romania Switzerland USSR

1

3

2

3 9 -

3 18 15 7

190 ,48 1 1 1 3 17 5 22 13 44 10 197

1'

1 1 1 6 2

1

1

1 3 27 -

1 1

3 8

1 2 3 2 1 43

65 - 1

1 - 3 -

- -

1 4 1 1 6 2

1

6

2 10 34

2 3

5 i

2 1 1 15 30 -

1 1

41 9 4

1 2

1 2 1 3

-6b

4 3 ' 1 4

1 1 4

1 5 4 10 3 13 3 60 126

P S U Philippines kidia ïarael Subtotal

2 1 4 - - 1

1 - - 1 1

1 1 1 bus trai i a

Subtotal 2 6.49 -

80 2 - 112

.21 - -

78 24 1

3.38 - TOTAL BY AREAS

% + Spanish alphabetical order.

4.32

hnex X - page 22 FINAL REMARKS

The work done so carefully by .Colombia,. as described in this and in the previous reports submitted to the.Committee for the Implementation of the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education to ensure -appropriate ' timely and expeditious compli,mce with the provisions of! the' Convention. This approach' forms part of the Government's general policy, which is to make the country a pioneer ;I. in the faithful observahce of commitments ; and is directly connected with the advantages offered by the Regional Conventlon, in particular and, in general, with khe bilateral cpnventions signed between .

Colombia and-other countries outside' the region. In both cases, it is held that' the ,doors allowing ,professional people and scientists whose knowledge and. experience can further our cultural, social and economic development to move . ,

about-. must be kept open.

'in Latin. 'America and 'the Caribbean, reflects an enduring concern

. ..

'

~. 1 . . >.. ;

These considerations, viewed agaïnst a': wider background and with a geographical coverage .extending in. a sense beyond the houndaries of the area, prompt us to ,, :

I . I . call 'uppn the member .coun.tries to . step up. their activities and redou5le .:the&,,, ' . - efforts for the -achievement. of I the. proposed ob jec tives ,... so .that the' exchange .of I.

our. professionals and their acceptance in. the signatory, countries may be brought abo'ut in ;practice, enabling them to provide their seryices, contribute their ' . '

kno'wledge and receive the benefit to be der'ived from a worth-while job pr'operly.

. . .

, > - , :

. carried out in terms. of 'personal prqfe.ssiona1 satisfact'ion and individual w&-being. . . _ . . . . . .

.. , , .

. ,

, .

,We are convinced that: any. attitude tha.t runs count-er to such principles, not oniy.. represents a departure from the central purpose of the Convention, which, :

.' we ,see ,as a means of unïting and strengthen.ing.the 'region, but is also seriously j detrimental to members 'of the professions ,and hampers the renewal of resources;.

countries: ., 1 . ' . , .' . , . :. :.- ' . ,._. , ',:.thereby - holding..back:..the cultural, economïc' and scientific, development ..

. . .~ of . Our:: . ,

. . ,. , >

.. . . . .. . . .

, . . . .. r<.r...-

In this connection, we feel that the Committee for the Implementation of the Convention should endeavour to promote the scientific development and . . *

achievements of the member countries, thereby giving practical expression to the determination that they voiced when they ratified or acceded to the Convèntion.

Furthermore, Colombia. through its competent body, ventures to state that the 'purposes of the Convention will not be achieved until these countries feel themselves truly bound by its provisions and committed to it in all respects. '

,

. . . . .~ , .

, , > . .

, . . . .

. . . . .

. . . .< / . . . .. - .. . .

. . . .

. . ,

Annex X - page 23

..

ANNEX

REGULATED PROFESSIONS

Annex X - page 71

&

H

I z (Il :(Il w E CL

H a0

a a, rn O 2 O :: .

rl .A U O U d

id c O -4

rn rn a, W O LI. &

0

a rl U -4

ci *.

Ltw 40 a; ci

id tn a, rl a a rn 4 e k

O c O .d ci id U 5 w W O !4 a

4J U) .4 e -4

5:

m

a, ci m tr FJ rl a, a rn

.4 e LI O

ci c a, O rl a Fi 2 W O LI a,

ci rn -4

c -4

c U

I -4 a,

Uc

ou

rn rnW

mo

a,

a; ci m tn a, ri a, a rn 4

c LI O 6 -4

U id

U I a W

rei O LI ai 4J U)

c. 4 I:

a

U)

a, rl U -4

4J LI Fa

a, rn

..-I ci U lu LI a B E

n

ld Y

,-I Co m .-I W O O

U)

3

m 4

.

00 r-w m

o

m

(UN

rl

om

VI 3

m

Annex X - page 25

I 4 C

U

30

O] w H

W O

u 5 .4 4J (d u C a rn a, U a 2 4 3 3

U

U w O

3 d 3 4 u id 4J c al rn a, Lc QI

2

Annex X - page 26

m ai d

O

.A .. c

i-

.Z e

Y

O

I

Annex X - page

O u

GO

*rl c

Annex X - page 28

...

..

.-.-

PI H

2 s 2 I J H

U z 3 O

U

CI a: z VI VI W

E i pi

z ci id U -4

ci c al

3

id 5 a, A

dm

1

a,

E

c 4-10

O

-4

U

rn' id U

a, -4

dW

U

-4

4 4

Q 1h

a: as

$c

i

5' [Il

ci id

al s

Annex X - page

29

Annex X - page 30

pi H

2 I I H U z 3 O U GI 2 2 2 v) v) w Gi pi

ww

&U

a, m

oo

20

H O .

5

alal 55.

00%

2 .? .y a, wwci

acal

id 04

al 4 al

a ma

.4

Bnz

m a,

rt O

WI

O8

ow

co

o

a, H

$ 3 5 4

s ?

.4 3

m a, -4 - H 4J _..

EC

70

O -?I uci C .al ->

c Cu0

rtu

O -4 id

ci &

m

4 -4

W

l- QI

w O

QI

Annex X - page

31

rl I

I

al m

SI

w O

a a, rn O g U U)

-4

ci H

a'

n 4 cri O

V

v) a: w O P 8 2

.rl ci id U III

a, $I

$I

4

a

rl 7

w lii ?i s 5 N

.4 $I O 5

id a,

w O al

.

su

.4 d

ci0

id0

alrn rn a,$I

$Io

Q

urn Mal

:% 43

a, iu

h

a .a

al ss

Pu

Annex X - page 32

-

e, H

2 i! w r: 2 I

H

3

O

V ;1

O

H

rn UY w E O œ pi z z

I E: 3 O V r( id C O 4

U Id z h

n a ai rn 4

u O id k a ai

h

d c O h

Ki E k

Ual

alri

Eo

O 4

uci

n hn;

82 h

0 v

O C rn -4

ai LI ai

5: c O -4 c 3 5 -4 3 .' rno ai 4

-4 ci

uc

ual E

S

76

O0

v

o

Annex X - page, 33

c O .ri ci -4

u-i- ci 7

z w O al > -rl ci id ci c a

l‘

mm

alal $8 LIU

tri O

0

3LI

Bpi

*

al c

ci

4

w O

m F

3

id GI

,

Annex X - page 34

nd H

a W B 2 I il H

z O V il

O H

v) rn W E

O

2 E

al s s c

Annex X - page

35

ici O VI al ..-I U

ri 3

O

W al

id

5 w O al > .Pl c, id U C'

aril fflu -Ê

$2 Y

O

U 4al

U

Annex X - page 36

c O 4

.4 I 4 al a rn

-4

* s

u

ffl LI .d

OD

O

e4

O

0

4 al

+JDi

ld urd 7

aal wu

om

1

Lis a, ci0

fflc *4 3

E .d - ald

ctn Hal

wn

=2

m

cn

Annex X - p

age 37

I alw ?i

I Irl

"O

U)

mo

wr- om

.-I .+

Annex X - page

38

c4 H

3 8 2 I la H

u z 3

O

U

la a: z rn rn W l2 E pi c; HW

38 rnr4 H

wz

WH

4 z rn rn w cri

pi

l2 8

h

U Y

c

Annex X - page 39

a Y

Annex X - page 40

W O rn C O

?I ci id 4

0

O III rn A al s

U w O $ rl

c, id IJ G a

l-

rnul

alU

rim

a -4

alE

rial

e

AU

rl

mo

a

ual a

l&

rlrnu

Uriai

.rl al c

Uw

Fialc A

ri .r

rn P

W

CIO

m

wm

OP

4

Annex X - page

41

d

oa!

Pa!

h

30

da!

da

,

ma!

L!w

3 U

P

id ~n

illn

Annex X - page 42

.-

m r-w

mo

m

wri om

4

W

n il H 3

5 m

c

Annex X - p

age 43

Annex XI

ANIEX XI

c

REPORT BY VENEZUELA TO THE SIXTH SFSSION OF THE REGIONAL COMMITTEE FOR THE IMPLEMENTATION OF THE REGIONAL CONVENTION ON THE RECOGNITION OF STUDIES, DIPLOMAS AND DEGREES IN HIGHER EDUCATION IN LATIN

AMERICA AND THE CARIBBEAN

INTRODUCTION

Since the date of its signature (19 July 1974) and subsequent ratification by the National Congress (16 June 1976) , the implementation of the 'Regional Convention on the Recognition of Studies, Diplomas and Degrees in Latin America and the Caribbean' has in practice been hampered in Venezuela by the complexity of the laws and regulations bearing in some respect on this sensitive area.

In Article 2 of the Act of Assent to the Instrument of Ratification, the National Congress itself echoes this complexity in the following words:

'The National Executive, when entering into the bilateral, subregional or regional agreements necessary for the implementation of the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean, shall see to it that, in such complementary agreements, an order of priority is established, in accordance with the needs and resources of the country, for admission to undergraduate couxses in institutions of higher education, and that a list is included of the diplomas, degrees or other qualifications in higher education which, without prejudice to the provisions of the laws governing the practice of the professions concerned, shall be the subject of the necessary measures referred to in Article 5 of the Convention.'

Having made these preliminary observations, the Ministry of Education of Venezuela has prepared this report on the basis of the scheme suggested by the Committee's Technical Secretariat, covering briefly and succinctly the main points of interest in regard to the implementation of the Convention.

1. Legislation and practises conerning the recognition of knowledge substantiated by diplomas or decrees in higher education obtained abroad

Under Venezuelan legislation, the Universities Act establishes the rules and procedures governing these matters. paragraph 2 of Article 182 of this Act states:

'The National Universities shall have exclusive powers in matters pertaining to the official acceptance of foreign university degrees and to the establishmentof eqüLvalences in regard to university studies and other higher education courses.'

Annex XI - page 2

Article 26.6 of the same Act, setting out the functions of the Uni- versity Council, includes responsibility for 'considering and deciding on applications concerning the official acceptance of degrees, the equivalence of studies and transfers'.

With regard to the acceptance, recognition or validation of foreign qualifications, provided for in international agreements or treaties, Article 1 of the Regulations on Official Acceptance states that such qualifications 'may be recognized in Venezuela in accordance with the provisions of international treaties and the laws and regulations of the Republic'.

Article 2 of the above-mentioned Regulations states that: 'The validity of studies may be established in any national university through the official acceptance of the foreign degree or by equivalence of studies in the subjects passed.

Nothing in the foregoing shall affect cases in which degrees are formally recognized under international treaties.'

National legislation and regulations concerning studies , diplomas and degrees at both undergraduate (Licenciatura) and postgraduate level.

The recognition of studies is governed by the Universities Act and the Reguïations on the Official Acceptance of Degrees and the Equivalence of Studies. In the case of postgraduate studies, there are no general provisions equally applicable to all cases; each university establishes internal rules for its own postgraduate courses.

The body, procedures and legal basis for admission to a profession, and immigration rules applicable to foreigners.

The basic principle is set down in Article 82 of the National Constitution, which states:

'The Law shall determine the professions that require a formal qualifica- ,tion and the conditions to be satisfied in order to practise them. Membership of a professional body shall be obligatory for the practice of such accademic professions as may be specified by the Law.'

2. National bodies concerned with matters relating to the recognition of studies, diplomas and degrees in higher education

As already stated in the preceding section, under Article 182 of the Universities Act, everything connected with this subject falls within the purview of the National Universities, and the University Council has responsibility for 'considering and deciding on applications concerning the official acceptance of degrees, the equivalence of studies and transfers'.

,

Annex XI - page 3

3. Conventions, agreements and other international legislation on the recogiiition of studies, diplomas and degrees in higher education

1. Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean.

Act of Assent of 16-6-5976, published in Official Gazette No. 30.015 Of 02-7-1976.

This Convention was signed in Mexico City on 19 July 1974. In regard to the recognition of studies, it provides for the immediate acceptance of studies , diplomas , degrees and certificates for academic purposes and for the practice of a profession and accordingly envisages the establishment of the national or regional bodies necessary for ensuring the speedy and efficient implementation of the Convention.

2. The Andr6s Bell0 Convention forthe Educational, Scientific and Cultural Integration of the Countries of the Andean Region, signed in Bogota on 31 January 1970 between the Governments of the Republics of Bolivia, Colombia, Chile, Ecuador, Peru and Venezuela (Official Gazette No. 29.256). Panama and Spain subsequently acceded to the Convention.

The general purpose is 'to accelerate the all-round development of the countries through concerted efforts in Education, Science and Culture, in order that the benefits derived from such cultural integration may ensure the harmonious development of the region and the conscious participation of the people as agents and beneficiaries of that process'.

On the subject of the recognition of studies, it specifies the following:

'TO accept officially, for the purposes of enrolment in further training and specialization courses, diplomas and degrees that provide evidence of scientific, professional and technical studies awarded by the competent authorities of the signatory countries which have been duly authenticated. '

The Andrés Bello Convention is fully applied in Venezuela, through th.e Teachers' Support Department of the Ministry of Education.

3. Convention on Cultural Exchanges between the Republic of Venezuela and the Republic of costa Rica (Official Gazette NO. 27.928 Of 04-01-1966).

Article VI of the Convention states:

'Duly authenticated scientific, professional and technical diplomas awarded by Official Institutes of the High Contracting Parties to Venezuelans and Costa Ricans shall be reciprocally valid in Venezuela and Costa Rica for the purposes of enrolment in further training or specialization courses or establishments.'

Annex XI - page 4

4. Basic Convention on Technical Co-operation between the Government of the Republic of Venezuela and the Government of the Republic of El Salvador (Official Gazette No. 29.919 of 29.9.1972).

Article VI1 of the Convention states:

'Duly authenticated scientific, professional and technical diplomas or degrees awarded by the competent authorities of either of the High Contracting Parties to Venezuelans and Salvadorians shall be reciprocally valid in Venezuela and El Salvador for the purposes of enrolment in further training and specialization courses or establishments.'

5. Convention on Cultural Exchanges between the Republic of Venezuela and the Republic of Guatemala (Act of Assent, Official Gazette NO. 29.916 Of 26-9-1972).

Article V of the Convention states:

'Duly authenticated scientific, professional and technical diplomas or degrees awarded by OfficialInstitutes of the High Contracting Parties to Venezuelans and Guatemalans shall be reciprocally valid in Venezuela and Guatemala for the purposes of enrolment in further training and specialization courses or establishments, provided that the legal requirements in force in both countries are observed.'

6. Convention on Cultural Exchanges between the Republic of Venezuela . . and the Republic ,of Honduras (Official Gazette No. 29921 of 02-10-72).

Article VI1 of the convention stipulates that:

'Duly authenticated scientific, professional and technical diplomas and degrees awarded by the competent authorities of either of the High Contracting Parties to Venezuelans and Hondurans shall be reciprocally valid in Venezuela and Honduras for the purposes of enrolment in further training and .specialization courses or establishments. I

7. Convention between the Republic of Venezuela and the Kingdom of the Netherlands on cultural relations between Venezuela and the Netherlands Antilles (Official Gazette No. 31 -181 of 23-02-1977)- .-

Article 6 of the Convention states:

'Within the framework of their respective legislative systems, the Republic of Venezuela and the Netherlands Antilles shall endeavour on a reciprocal basis to recognize the validity of the diplomas awarded by secondary schools and by universities and other insti- .tutions of higher education.'

Annex XI - page 5 ..

8.

9.

10.

Convention on Cultural Exchanges between the Republic of Venezuela and the Republic of Panama (Official Gazette No. 29.101 of 18-12-69).

Article 6 of the Convention states:

'Duly authenticated scientific, professional and technical diplomas awarded by official institutes of the High Contracting Parties to Venezualans and Panamanians shall be reciprocally valid in Venezuela and Panama for the purposes of enrolment in further training and specialization courses or establishments, provided that the legal requirements in force in both countries are observed.'

Convention on Cultural Exchanges between Venezuela and the Dominican Republic (Officiai Gazette No. 29.917 of 27-9-72) .

Article Vïï of the convention states:

'Duly authenticated scientific, professional and technical diplomas or degrees awarded by the competent authorities of either of the High Contracting Parties to Dominicans and Venezuelans shall be reciprocally valid in the Dominican Republic and in Venezuela for the purposes of enrolment in further training and specialization courses or establishments.'

Agreement on Academic Qualifications (Official Gazette No. 12.412 of 01-9-84) signed by the five Boiivarian countries: Ecuador, Bo!.ivia, Peru, Colombia and Venezuela.

This Agreement lays down that:

'Degrees or diplomas awarded in any of the Signatory States by the competent national authority €or the practice of liberal professions shall be consideredtobe valid and shall authorize the holders to practise their professions in the other States.

When in any State one or more subjects are required in addition to those required in the State in which the degree or diploma was awarded, the person concerned shall be obliged to take an examination in such subjects in order to secure official acceptance of his qualification.'

In the specific case of this Bolivarian Convention, the Ministry of Education is the body responsible for handling recognition applications relating to the national universities. The Ministry receives the documents and forwards them to the universities concerned.

4. Obstacles to the implementatLon of the Convention

In the case of Venezuela, the greatest obstacle to the implementation of the Convention is the complexity of the bodies designated by the Act as competent for these purposes, that is to say, the universities.

Annex XI - page '6

Furthermore, without belittling our country's determination to comply with the provisions of the Convention, it must be pointed out that, in the above-mentioned Article 2 of the Act of Assent to the Convention, the Congress of the Republic of Venezuela indicates the best course to follow, namely the conclusion of complementary agreements, whether bilateral, subregional or regional, to which the legally competent institutions will be directly party.

The Ministry of Education, as the co-ordinating body in these matters up to the present time, is to encourage the Natlonal Universities Council to consider the conclusion of complementary agreements with the other countries of Latin America and the Caribbean, thus complying with the recommendations made in the Act of Assent to the Convention and required by the future of education in our countries.

Caracas, October 1984

OMAI/FGL/erdeb . 2.10.84

ANNEX XII

REPORT OF THE NETHERLANDS ANTILLES TO THE SIXTH SESSION OF THE REGIONAL COMMITTEE FOR THE IMPLEMENTATION OF THE REGIONAL CONVENTION ON THE RECOGNITION OF STUDIES, DIPLOMAS AND

DEGREES IN HIGHER EDUCATION IN LATIN AMERICA AND THE CARIBBEAN

.a: The Netherlands Antilles are Party to the following multilateral and bilateral conventions and agreements concerning the recognition< of foreign studies, diplomas and degrees:

Strasbourg Protocol to the European Convention on the equivalence of diplomas leading to admission to universities, 3 June 1984, Stb. 1964, 132; 1965, 77; 1975, 72.

Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean; Mexico City, 19 July 1974; Trb. 1976, 61.

Id. in the States belonging to the Europe region, Trb. 1981, 252; Trb. 1982, 108.

k. 1. The organization in charge of recognition in the Netherlands Antilles is the Department of Education of the Xinistry of SducaEi'on, which is an official organization of the Central Government of the Netherlands Antilles.

This department evaluates.

The steps to be followed when recognition is sought are as follows:

- petition to the Minister of Education; - evaluation by the Department of Education; - conclusion and recommendation to the Minister of Education; - decision by the Minister; - reply to petitioner. 2. Furthermore the Department of Health and Environmental Affairs has

commissions for the evaluation of the Master's Degree and Doctoral Degree for the following studies: doctor, dentist, pharmacist, m2dwife..

The said department is an official department of the Central Government of the Netherlands Antilles and evaluates.

c, National legislation regarding the recognition of studies, diplomas and degrees at the undergraduate and postgraduate level is as follows:

National legislation governing professions in the Netherlands Antilles

Certified Public: Accountant Publication Sheet 1971 No. 87 Dent is t Publication Sheet 1934 No. 46 Doctor Publication Sheet 1958 No. 174 Lawyer Publication Sheet 1959 No. 177 Midwife Publication Sheet 1934 No. 53

Annex XII - page 2 Notary Pharmacist Pharmacist; assistant Translator (sworn)

Publication Sheet 1968 No. 15 Publication Sheet 1960 No. 58 Publication Sheet 1960 No. 58 Publication Sheet 1930 No. 34

d. Certification for professional practice

Certificate public accountant - Publication Sheet 1971No. 87. (1) A certified accountant is one who is registered in accordance with

Article 55 of the Dutch Law governing Registered Accounts (Stb. 1962 , 258).

Anyone who is not registered and still uses the title is fined to a maximum amount of NAf1. 1,000.

(2) Those who wish to be registered must send a written request to the Board of the Dutch Institute of Registered Accountants. A certain fee is charged.

(3) Registry is open to those who have successfully taken the accountants examination.

Dentist -Publication Sheet 1934, No. 46

(1.): The dental practice is open to:

(a) those having a Dutch or a Dutch East-Indian degree of dentkst;

(b) those who have successfully taken a local examination for dentist.

(2) To sit for this examination one must hand in:

(a) a birth certificate showing that the candidate is 21'years;

(b) a diploma or degree of dentist from a university outside the Netherlands or the Dutch East Indies or Suriname; or a certificate that the candidate was taught by a practicing dentist in Curacao for at least four years.

(3) The petition is addressed to the Governor and is sent to the Director of the Department of Health.

(4) For infringement of the law there is a fine of NAfl. 100.

Doctor - Publication Sheet 1958, No. 174 (1) Medical practice is open to:

(a)

(b) . those who have a medical degree or a diploma from a foreign university

those having a Dutch degree of physician/doctor;

approved by the law. A commission, appointed by the Governor approves the foreign university on the basis of equality of the study with the Dutch study for doctor.

(2) When there is a shortage of doctors the Minister of Health may give exemptions to those who are not qualified as above.

Annex XII - page 3 (3) The following universities have.!been approved:

c

University of Madrid

Georgetown University School of Medicine, Washington, United States of America

Tulane University, New Orleans, United States of America

university of Leuven

University of Prague before 1939

Nood University, Batavia until 1950

university of Munich, Germany

Loyola University, Chicago, United States of America

St. Louis University, St. Louis, United States of America

Johann Wolfgang Goethe University, Frankfurt am Main, Germany

Loma Linda University, Loma Linda, California, United States of America

University of Heidelberg, West Germany/

Lawyer - Publication Sheet 1959, No: 177

(1) The practice of law is open to:

those who have the Dutch nationality and have a doctorate or 'doctoral' degree from a Dutch university or the University of the Netherlands Antilles.

(2) The following subjects must form a part of the final examination:

civil law, commercial law, constitutional law and criminal law.

(3) The petition to be registered as lawyer is sent to the Court of Justice. The Disciplinary Committee and the Attorney-General give advice concerning the petition. After approval the person is registered.

Midwife - Publication Sheet 1934, 53 (1) Those who are entitled to work as a midwife have to be in possession of:

(a) a diploma received in the Netherlands, Netherlands India, Suriname, or who have successfully sat for the-midwife examination. ' .

(2) The Governor admits a midwife to practice after approval of the Director of the Department of Health.

(3) There is a fine of NAfi. 100 - for infringements

Annex XII - page 4

Notary - Publication Sheet 1968, 15 (1) Notaries are appointed. Appointment is for life.

(2) Those appointed have completed the study for notary in the law faculty.

Pharmacist - Publication Sheet 1960, 58 (1) To work as a pharmacist one is required to have the Dutch degree or a

degree from a foreign university, which has been.approved by a commission.

(2) When the foreign degree is not approved the candidate may sit for an examination, if he has the Dutch nationality or has been in the Netherlands Antilles for at least five years.

(3) The examination takes place within three months after the date of the petition to be admitted, in either Dutch, English, French, German or Spanish.

Pharmacist assistant - Publication Sheet 1960, 58 (1) A diploma granted by the Netherlands or the Netherlands Antilles is

required for this profession.

(2) Requirements for one to sit for the examination are:

(a) the candidate must be 18 years old;

(b) the candidate must have a high-school diploma;

(cl a certificate of practice with a pharmacist during two years must be included.

Translator (sworn) - Publication Sheet 1930, 34. (1) The translator must have a teacher's degree in the particular language or

must have a certificate of proficiency given to him after successfully passing an examination in the Netherlands Antilles. He must have the ability to translate from and into Dutch.

d2. Immigration rules in general applicable to foreigners

(1) Those who are admitted by right or according to the law are:

those who are employed by the government, as long as they are in government service;

those receiving a pension from the government;

consuls and their personnel;

those in military service;

those belonging to the navy or airforce while their ship/plane is in the Netherlands Antilles with the consent of the competent authority;

Dutchmen who have been in the Netherlands Antilles for more then ten years consecutively.

J

Annex XII - page 5 (2) All others xequire a permit to be admitted to the Netherlands Antilles.

A petition is addressed to the Minister of Justice and is sent to the Lieutenant-Governor of the island to which the person wishes to go.

Conditions or stipulations cannot be applied to the permit except conditions.concerning residence, a certain profession or business with an employer or stipulations towards the protection of public order, good morals or general interest.

(3) The petitioner has to await a reply outside of the Netherlands Antilles and should not visit the Netherlands Antilles in the interim.

(4) An amount has to be deposited with the government or a firm has to vouch for the person.

e. The terms mostly used are:

recognition, which is determining the value - effectus civilus; evaluate, determine the equivalence of the relations; fit in the study into our education system, and into the education system of the foreign study;

equivalent, to .accept the, foreign diploma and grant it the same rights and values as the national diploma.

f. The Netherlands Antilles have no experience with partial study-cases.

g. Agreement III. 29

The Netherlands Antilles have reached the following outline when applying the notion of 'etapas' as given by Unesco in the article of Mr Angel Trapero Ballestero:

Outline 1 :

Netlî. F.nt./Netherlands Doctor (dr.)

Doctoraalexam

'. Kandidaatsexam (old) HBO-diploma BAC-diploma (UNA)

MBO - d ipl oma

V.S I Doctor of Philosophy Degree (Ph. D. 1 and other ddctorates (Ed. D., D.B.A. etc.) Special prof e ss ional doctorate s : M.D., D.V.M., D.D.S., etc.

Master of Philosophy Degree (Ph .M. )

Certificate of Advanced Study (C .A. S. ) Prof essional Degree (M. S .W. , M.B.A., I.L.B., etc.)

Regular Bachelor ' s Degree (M.A. and E1.S. ) and special BacheLor ' s Degree (B. Arch., etc.)

Diploma of a Technical Institute Associate Degree, transfer (A.A. and A.S.)

Associate Degree, terminai (A.A.A. and A.A.S.)

Annex XII - page 6 Certificate of a Technical Institute

Outline 2:

Neth. Ant./Netherlands Doctor (dr.)

Doctoraalexam (drs. )

Kandidaatsexam (oidj HBO-diploma BAC-diploma (UNA) MBû-diploma

Colombia Doctor E spec ial i s ta (medic ina s ,

Profesional, i.c . medico derecho )

cirujano

Magi st er Especialista prof esional Tecn6Logo Especializado

Tecndlogo Especializado Technologo Técnico Intermedio

Prof e sional

. ...

Annex XIII

ANNEX XIII

c

REPORT OF THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA TO THE SIXTH SESSION OF THE REGIONAL COMMITTEE FOR THE

IMPLEMENTATION OF THE REGIONAL CONVENTIOPJ ON THE RECOGNITION OF STUDIES, DIPLOMAS AND DEGREES IN HIGHER EDUCATION IN LATIN XERICA

AND THE CARIBBEAN

1. and degrees acquired abroad and corresponding individual qualifications at the higher educational level.

Legal regulations and practice pertaining to the recognition of diplomas

1.1 The Yugoslav positive legislation on the recognition of foreign school certificates and diplomas comprises the republican and provincial laws on equivalence and validation of diplomas, in the following order, as well as international treaties on the recogqition of diplomas:

Eosnia and Herzegovina: Law on the validation and equivalence of school diplomas acquired abroad ('Official Gazette of the Socialist Republic of Bosnia and Herzegovina', No. 34/77); Rules on the record and file-keeping in relation to the validation of school diplomas issued abroad (Official Gazette of the SR of Bosnia and Herzegovina', No. 36/77).

Montenegro: Law on the validation and recognition of the equivalence of diplomas acquired abroad ('Official Gazette of the Socialist Republic of Montenegro No. 10/73 and Rules on the keeping of records and files in relation to the validation of diplomas issued abroad ('Official Gazette of the SR of Montenegro', No. 22/68).

Croatia: Law on the validation.and recognition of the equivalence of school diplomas acquired abroad ('Official Gazette of the SR of Croatia', No. 5/73).

Macedonia: Law on the validation of diplomas acquired abroad ('Official Gazette of the SR of Macedonia' , No. 31/72).

Slovenia: Law on the validation of school diplomas acquired abroad ('Official Gazette of the SR of Slovenia', No. 42/72) and Rules on the keeping Of records related to validation, and on the keeping of files of validated diplomas ('Official Gazette of the SR of Slovenia', No. 8/73).

Serbia: Law on the validation and equivalence of school certificates and diplomas acquired abroad ('Official Gazette of the SR of Serbia', No. 50/73); Rules on the records and file keeping of validated certificates, i.e. equivalences, 'Official Gazette of the SR of Serbia', No. 32/81.

Kosovo: Law on the validation and equivalence of school certificates and diplomas acquired abroad ('Official Gazette of the Socialist Autonomous Province of KOSOVO' , No. 2/76 and 43/80).

Vojvodina: Law on Education ('Official Gazette of the SAP of Vojvodina', NO. 15/83). Several articles on this Law concern the recognition of diplomas.

(a) The recognition of elementary and secondary school certificates is executed by the republican and provincial educational authorities. Once the secondary school-leaving certificate has been recognized, namely, validated, the holder of the certificate has the right to apply under the same conditions as the holders of domestic certificates for admission to institutions of post- secondary and higher education.

Annex XII1 - page 2 (b) The recognition of university-level diplomas acquired abroad is

the competence of the corresponding institution of higher education in Yugoslavia in which the holder of the diploma intends to continue higher education.

within

(c) The recognition of foreign certificates with a view to pursuing a profession is carried out by validation. The validation of secondary-school certificates is carried out by the republican and provincial educational authorities, while post-secondary and higher education diplomas, as well as the degrees of master of science and doctor of science are validated by the corresponding higher education instiutions which issue corresponding i.e., similar diplomas in Yugoslavia. If in Yugoslavia corresponding studies do not exist for higher education acquired abroad, then the validation of such certificates is executed by the republican, i.e. provincial educational authorities in Montenegro, Macedonia, Serbia, Vojvodina and Kosovo while in Bosnia and Herzegovina, Croatia and Slovenia by the universities.

1.2, 1.3 Yugoslav regulations, (republican and provincial) provide uniform criteria (standards) for the validation of school certificates, namely diplomas and acquired academic degrees or doctorates abroad. These regulations envisage that the following factors should be taken into consideration when deciding whether a certificate, diploma or degree should be validated: the educational system of the country in which the certificate, i.e., diploma has been attained, the curricula of the school that issued the certificate, i.e., diploma, the conditions for admission at the specific school, duration of schooling, the rights acquired on the basis of the certificate, i.e., diploma in the country in which it was attained, as well as other circumstances relevant for the validation.

For the validation, the greatest attention is attached to the system of education in order to determine whether the institution of learning which is'sued the diploma is part of the educational system of the country in question, namely, a school in which a generally recognized degree can be acquired, as well as to the position of that school in the system of education. After that, conditions are considered that pertain to the contents and duration of education that can be compared with the domestic schools of the same type and finally, but not less significant, the rights acquired on the basis of the foreign certificate, namely, diploma in the given country.

Yugoslav regulations do not determine in which way the authorities competent for validation should apply the mentioned standards, except in cases where there is a considerable difference in the curricula of the school in question. Namely, in that case they stipulate the validation, i.e., they may stipulate it by the previous taking of specific additional examinations (validation examinations) or the presentation of specific reports.

Some republican laws pertaining to validation and equivalence (SRs of Montenegro and Serbia) envisage that the bodies or organizations which are in charge of validating school documents can exempt a Yugoslav citizen applying for a validation from taking these examinations, if he has successfully completed additional courses in a subject not included in the foreign certificate, on the basis of the curricula approved by the Yugoslav authorities.

Annex XIIï - page 3

In respect to the validation of certificates, i.e. diplomas for the attained academic degrees or doctorates abroad, the Yugoslav regulations envisage that these certificates, i.e. diplomas may be validated if it is establislied that they correspond to the academic degrees, i.e., doctorates.. acquired in our country, namely, if conditions under which they were acquired correspond with the conditions for their attainment in Yugoslavia. This is required because the conditions under which these degrees are acquired vary considerably among countries.

1.4 Measures for defining studies, education and qualifications have not been undertaken specifically, but in regard to validation the republican and provincial laws on education are applied since they define the various degrees of education

1.5 The Convention has been published in the Official Gazette of the SFRY-international treaties No. 1/83 and thereby has become the component part of the positive legislation on the recognition of foreign certificates and diplomas. In addition, al1 the competent bodies and higher education insticutions received the report on the First Meeting of the Committee for the application of the convention on the recognition of higher education diplomas in the countries of the European region and have submitted their views in respect to the initiated issues.

2. National bodies in charge of questions linked to the recognition of hgiher education studies, diplomas and degrees.

2.1 Republican and provincial educational bodies are authorized for the direct recognition of equivalences or the validation of foreign diplomas conclusively with the completed secondary level of education for the appl'ication of the law on equivalences and validation of diplomas and have the right to control the validated certificates and diplomas at post-secondary schools and faculties on the territory of their jurisdiction; they are also authorized to give replies to questions posed by the post-secondary and higher education institutions and individuals.

' Republican Committee for Education, Science, Culture and Physical Culture of the SR of Bosnia and Herzegovina, Sarajevo, Vojvode Putnika 3.

Republican Secretariat for Educatian, Science and Cuiture of the SR of Montenegro, Titograd, Vuka KaradSiEa 2/IV.

. Republican Committee for Education and Science of the SR of Macedonia, Skoplje, Veljka VlahoviEa 9.

Republican Committee for Education, Culture and Physical Culture of the SR of Croatia, Zagreb, Trg Joze Vlahovic'a 6.

Annex XII1 - page 4 Republican Committee for Education of the SR of Slovenia, Ljubljana,

Zupanciceva 6.

Republican, Committee for "Education and Physical Culture of the SR of Serbia, Belgrade, Nemanjina 26.

Provincial Committee for Education and Culture of'the SAP of Vojvodina, Novi Sad, Markala Tita 16.

Provincial Committee for Education, Science and Culture of the SAP of Kosovo, Pridtina, Mar&ala Tita 2.

Post-secondary schools in Yugoslavia are authorized to recognize diplomas on the completion of corresponding or similar post-secondary schools abroad. The list of the post-secondary schools according to branches is contained in a separate publication attached herein.

Faculties, institutions of higher education and art academies are authorized to recognize equivalences, namely validate foreign certificates of corresponding or similar professions.

The republican and provincial competent bodies in the SR of Montenegro, SR of Macedonia, SR of Serbia, SAP of Vojvodina and SAP of Kosovo are authorized to recognize certificates and diplomas on completed studies which do not exist in Yugoslavia, while in the SR of Bosnia and Herzegovina, SR of Croatia and SR of Slovenia the universities in these republicans are authorized for equivalences and validations.

The Federal Administration for International Scientific, Educational, Cultural and Technical Co-operation, 11000 Beograd, Kosanki6ev Venac 29 is authorized for carrying out the preparations for the conclusion of and consultations relating to the application of international agreements in force in the SFRY. It is also competent for the provision of adequate documentation and information on foreign certificates and diplomas, post-: graduate degrees, doctorates attained abroad, as well as for informing foreign countries on the .certificates and diplomas acquired in Yugoslavia for the purpose of their recognition in foreign countries.

Within the Federal Administration for International Scientific, Educational, Cultural and Technical Co-operation there is an expert inter-republican- provincial commission in charge of the equivalence of diplomas, which considers all issues related to the elaboration of methods and criteria for the validation and equivalence of diplomas. It also gives concrete proposals for the recognition of specific types of foreign certificates or diplomas acquired abroad on the basis of previously studied documentation and information.

3. Conventions, Agreements and other international instruments related to the recognition of higher education studies, degrees and diplomas.

.. _. .

Annex XIII - page.'5

3.1' Yugoslavia is party to the following multilateral conventions:

European convention on the equivalence of diplomas on the basis of which its holder can be admitted to institutions of higher education, 'Official Gazette of the SFRY' - International treaties, No. 3, lg.June, 1977.

Supplementary Protocol-to the European Convention on the equivalence of diplomas which enable its holder to be admitted to institutions of higher education. 'Official Gazette of the SFRY', No. 3, 10 June, 1977.

European Convention on the recognition of higher education' studies 'Official Gazette of the SFRY' , No. 3, 10 June 1977.

European Convention on the academic recognition of university qualifications. 'Official Gazette of the SFRY' No. 3, 10 June 1977.

Convention on the recognition of higher education studies, diplomas and degrees in the Mediterranean, Arab and European States. 'Official Gazette of the SFRY', International treaties, No. 10, 7 October 1977.

Convention.on the recognition of higher education studies and diplomas in the European region States 'Official Gazette of the SFRY' - International treaties, No. 1, February 1981.

Regional convention on the recognition of higher education studies, diplomas and degrees in Latin America and the Caribbean. 'Official Gazette of the SFRY' - International treaties, No. 1, February 1981.

3.2 Yugoslavia is the signatory of the following bilateral agreements:

Agreement between the SFR of Yugoslavia and the Republic of Italy on the mutual recognition of secondary school-leaving certificates for admission.to universities and post-secondary schools. 'Official Gazette of the SFRY', No. 52, 22 December 1971.

Protocol between the Government of the Socialist Federal Republic of Yugoslavia and the Government of the Republic of India on the equivalence of certificates, degrees and diplomas acquired in secondary schools, universities and other educational and scientific organizations and institutions in the SFR. of Yugoslavia and the Republic of India. 'Official Gazette of the SFRY' - International treaties No. 5, 22 July 1977.

Agreement between the Socialist Federal Republic of Yugoslavia and the Republic of Austria on the equivalence of secondary school leaving certificates. 'Official Gazette of the SFRY' - International treaties, No. 6, 17 August 1977.

Agreement between the SFR of Yugoslavia and the PR of Poland on the mutual recognition of the equivalence of school certificates and higher

Gazette of the SFRY' - International treaties, No. 11, 1 October, 1979. ' education, diplomas acquired in the two respective countries. 'Official

Agreement between the SFR of Yugoslavia and the SR of Romania on the recognition of the equivalence of documents on completed education in the two respective countries. 'Official Gazette of the SFRY' - International treaties, No. 3, 29 February 1980.

Annex XII1 - page 6 Agreement between the SFR of Yugoslavia and the German Democratic Republic

on the mutual recognition of certificates, diplomas issued by institutions of higher education, academic degrees and titles acquired and granted in the two respective countries. 'Official Gazette of the SFRY I - International treaties No.' 3, 29 February 1980.

Agreement on the mutual recognition of certificates, diplomas and academic degrees between the SFR of Yugoslavia and the Socialist People's Arab Jamahiriya. 'Official Gazette of the SFRY' - International treaties, NO. 3, February 29 1980.

Agreement between the SFR of Yugoslavia and the Republic of Austria on the equivalences of university degrees. 'Official Gazette of the SFRY' - Interna- tional treaties, No. 3, 29 February 1980.

+

Agreement on the mutual recognition of the equivalence of school certificates and diplomas issued in the SFRY'of Yugoslavia and the People's Republic of Hungary. 'Official Gazette of the SFRY' - International treaties, No. 4, 24' April 1981.

Agreement between the Socialist Federal Republic of Yugoslavia and the Republic of Italy on the mutual recognition of diplomas and degrees acquired at universities and institutions of higher learning. 'Official Gazette of the SFRY' - International treaties No. 9, 4 November 1983.

3.3 We dispose of no information to the effe,ct that certain non-governmental organizations, universities or. faculties have concluded international instruments on the recognition of diplomas.

3.4 At the Chancellors' Conference of the Work Community of Alpe-Jadran, held in Ljubljana in June 1983 the issue of the recognition of diplomas within the framework of this Chancellors' Conference has been considered and it was concluded that this question be regularly reviewed in the future.

3.5 Yes, the conclusion of an agreement with the Czechoslovak Socialist Republic has been envisaged, as well as the continuation of negotiations with the USSR from among the European States, as well as the continuation of negotiations for supplementing the Agreement on university-level equivalences with Austria. Likewise, the conclusion of an agreement with Algeria and a number of developing countries is also planned.

4. of studies, diplomas and degrees acquired abroad.

Information and documentation relating to the recognition and validation

4.1 The above-mentioned positive Yugoslav 'legislation provides: 'The authority in charge of validation, namely, equivalence of certificates can request other evidence in the original languages and certified translations for the purpose of clarifying the conditions of and course of education in the given school'. Accordingly, one part of the documentation and information about specific certificates or diplomas is attained directly from the person applying for the recognition of a foreign certificate or diploma.

U

Annex XII1 - page 7 The republican and provincial educational authorities directly or through

the Federal Administration for International, Scientific, Educational, Cultural and Technical Co-operation obtain information. or documentation on specific certificates and diplomas from foreign embassies in Yugoslavia.

The existing information primarly pertains to educational systems of different countries on the whole, as well as to the legal regulations which regulate in specific countries, the field of education , curricula and teaching

and documentation relate first of all to the process of education itself and to the possibilities for continued education. No information and documentation is available on the actual right to employment and work in specific professions in the countries in question.

c programmes of certain types of schools. However, all the available information

4.2 Having in mind that CEPES publications are available in all countries of the region, the monographies on higher education could provide more specific information on diplomas and degrees relevant to recognition of both, pursuit of studies and/or exercising of a certain profession. Exchange of each country's publications on education that cover aspects relevant to recognition of studies and diplomas should be sent directly to the 'first address' as indicated by the first regional committee meeting, June 1982.

4.3 Apart from Unesco publications , and the documents and publications of the Council of Europe, which are available for use to any responsible authority in.Y.ugoslavia, there are two other references, issued in'Yugoslavia that should be. stated:

\.' . PRIZNAVANJE SKOLSKE SPRENE STECENE U INOSTRANSTVU - Recognition of educational qualifications obtained abroad - authors: Marijan Filipvoic and Milog M. Jovanovie published by 'INFORMATOR', Zagreb, ttasarykova l., in 1975.

NOSTRIFICATION AND EQUIVALENCE OF SCHOOL CERTIFICATES AND DIPLOMAS IN YUGOSLAVIA - OFFPRINT FROM YUGOSLAV SURVEY - 1983. Prepared by: Olga Radonji6-Siljif. Published by: JUGOSLOVENSKI PLEGLED. P .O. Box 677 , Mage Pi j'ade , 8/I, 11001 BeIgra.de .

5. Progress made in the application of the Convention.

5.1 It should be stated that nature and extent of progress made in the application of the Convention are measurable by broad and complete information on the Convention and Report on the first regional committee meeting submitted to each responsible authority for recognition of foreign diplomas and degrees in the SFR of Yugoslavia. Basic steps have been made to establish more frequent contacts for exchange of documentation and information within the country.

a 6. Obstacles encountered in the application of the Convention.

6.1 As the main obstacle appears that which concerns the issue of reciprocity there is an insufficient information in respect to both, the countries which have ratified the Convention, as well as the validation of Yugoslav diplomas and degrees in the.countries which have no bilateral agreements with Yugoslavia.

Annex XII1 - page 8

6.2 Main difficulties encountered in the application of the Convention concerns the terminology applied to certain diplomas and degrees obtained in the contracting countries, as well as the obvious differences that exist in the valid,ity of certain diplomas and degrees obtained in the country of their origin.

6.3 In the process of overcoming the obstacles and difficulties encountered in the application of the Convention, the priority should be given to the examina- - tion and determination of relevant levels of education and skills in individual European countries, using as the instrument of comparison an assessment of studies, qualifications, degrees and appropriate individual skills in the countries in which they were obtained.

,

Annex XIV

ANNEX XIV

REPORT BY THE REPUBLIC OF CUBA TO THE SIXTH SESSION OF THE REGIONAL COMMITTEE FOR THE IMPLEMENTATION OF THE REGIONAL

CONVENTION ON THE RECOGNITION OF STUDIES, DIPLOMAS AND DEGREES IN HIGHER EDUCATION IN LATIN AMERICA AND THE CARIBBEAN

Since 1959, the Republic of Cuba has made enormous efforts in the field of education. At the present time, our country has a network of over 48 institutions of higher education catering for a large student population.

This in itself exemplifies the importance attached to the education of the people by our State and Government.

'He who sows schools will reap men' said our national hero, Jose Marti, and our country is sown with schools for the upbringing of our people of the future.

Since the ratification of the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean, Cuba has zealously observed the Convention and has taken steps to put the spirit of this legal instrument into practice. As mentioned at the previous session, we have the necessary legal instruments for the accomplishment of this purpose. We refer to Decree No. 102 of 31 March 1982, promulgated by the Council of Ministers and published in the Gaceta Oficial extraordinaria de la Republica de Cuba, No. 13, on 13 April 1982, copies of which were distributed to each of the participants and observers at the Fifth Session of this Committee.

The points suggested to provide a framework for this report are discussed on the basis of the above-mentioned Decree No. 102 and Decision No. 15 of 15 January 1983, issued by the Minister for Higher Education as a complementary provision.

I. The first of the suggested points, relating to legislation and administrative practices concerning the recognition of knowledge substantiated by degrees

or diplomas awarded abroad has been dealt with basically in the previous paragraph. Nevertheless, it should be noted that the above-mentioned legal instruments provide for the continuation of higher education studies, by establishing the requirements to be met and the procedures to be followed.

Professions may be practised subject to compliance with the requirements specified in the above-mentioned Decree No. 102/82 and Ministerial Decision No. 15/83, which sets out details to be followed for the recognition or acceptance of degrees or diplomas legally qualifying people to practise specified professions in our country.

Similarly, in accordance with the procedures laid down in Decision No. 15/83, partial or completed studies carried out abroad by Cubans or foreigners are naturally accorded recognition, provision for such recognition being made in Decree No. 102 (Article 1).

This same Decree also provides for recognition of postgraduate studies or courses; the procedure to be followed in such cases being established in Ministerial Decision No. 15/83.

Annex XIV - page 2 For the recognition of partial or incomplete studies carried out abroad,

the procedure to be followed is clearly and simply stated in paragraphs 17, 18, 19 and 20 of Ministerial Decision No. 15/83. To secure such recognition the person concerned must submit his application to the General Secretariat of the institution of higher education at which the speciality in question is offered. In due course, the Secretariat will forward the application to the appropriate Faculty which will then analyse the documentation submitted and draw up a proposal for consideration by the Directorate of Teaching Methodology of our Ministry of Higher Education, containing its opinion on the most suitable course of action. This proposal will eventually be forwarded through the General Secretariat of the institution of higher education to this Ministry.

In due course, the Directorate of Teaching Methodology will evaluate the proposal forwarded by the Faculty of the institution of higher education. It will take a decision on the matter and specify the institution at which the studies are to be completed, taking into account the request of the person concerned and his place of residence.

In the case of partial studies where recognition implies treating an entire Cuban curriculum as having been completed, the matter is to be referred for decision, through the Directorate of Teaching Methodology, to the head of the body to which the institution of higher education is attached or, where applicable, to the head of the governing body for the discipline concerned.

The recognition of degrees and diplomas in higher education is dependent on compliance with the provisions of paragraphs 13, 14 and 15 of Decision No. 15/83 specifying the procedure to be followed. In short, this decision establishes the right of any person residing permanently in Cuba, whether a Cuban citizen, a foreigner or a stateless person, who has obtained a degree or diploma abroad, to secure the acceptance or recognition of such qualifications, provided that the following requirements are complied with:

1.

2.

3.

4.

The degree or diploma for which recognition or acceptance is sought must be a qualification awarded by an institution of higher education of a country signatory to the Regional Convention, of one belonging to the Council for Mutual Economic Assistance (CMEA), or of a country with which Cuba is bound by bilateral or multilateral conventions, or its recognition must be in the national interest.

The written application of the person concerned must be submitted to the Registration Office of the Ministry of Higher Education together with the relevant documents duly authenticated by the Cuban Ministry of External Relations.

If the degrees or diplomas are in a foreign language, they must be translated into Spanish by the body referring the applicant or by an authorized person or entity. Persons approved by the Ministry of Higher Education are considered to be 'authorized'.

The Head of the Legal Department of the Ministry of Higher Education will recognize the degree or diploma awarded abroad as valid, where this is in order. He will record the fact in the Register and an entry will be made on the registered document, stating that it is valid for admission to the profession concerned. If the latter is not practicable, a certificate of the entry will be issued, stating the main particulars of the diploma or degree accepted and recognized and including details of its entry in the register and its validity for admission to the profession concerned.

J

Annex XIV - page 3 In item I, we were asked to provide definitions of the terms used in Cuba.

These definitions, which are contained in Decree No. 102/82 and in Ministerial Decision No. 15/83, are given below:

1. Convalidacion (recognition): According to Acticle 2 of Decree No. 102, convalidacion (recognition) is synonymous with reconocimiento (acceptance). It implies acceptance at the same academic level as in the country of origin.

z 2. Revalidation or revalida (validation): These terms are not used in our country in this context.

3. Incorporacion (incorporation): This term is not used in our country in this . context.

4. Reconocimiento (acceptance): This term is, in our view, synonymous with convalidacion (recognition).

5. Homoloacion (approval): This term is not used in our procedures relating to the subject under consideration.

6. Equivalencia (equivalence): Both legal instruments, Decree No. 102 and Decision No. 15, define equivalence as 'specific comparison on the basis of an exact correspondence with the speciality or profession concerned or the type, level or nature of the degrees, diplomas or studies. Equivalence implies a corresponding status and may concern a speciality or one aspect of a speciality with respect to another speciality or another aspect of that speciality'.

'Another term used in our country is equiparacion (correspondence). In our '.

various legal instruments, this term is defined as 'comparison of the validity, where diplomas or degrees obtained or studies carried out are not identical but are accorded the same value and have the same effects'. This is possibly what is meant by homologation (approval) in other countries.

With regard to the implementation of the Convention, particularly Articles 2, 3, 4, 5 and 6, the following may be noted: In connection with Article 2, so far as the access of senior high-school graduates holding certificates is concerned, we have not experienced any difficulties in regard to admission, although we acknowledge that there are still difficulties about admitting persons who are not certificated at the required level but have attained a definite standard of education.

The other articles are fully implemented in our country.

II. The national bodies responsible for matters pertaining to the recognition of

the Ministry of Higher Education, the Directorate of Teaching Methodology and the Directorate of Postgraduate Education of the Ministry in the case of postgraduate studies. The Ministry of Public Health is responsible, in the case of specialized postgraduate studies in the medical sciences, for deciding whether they are equivalent or comparable. The Legal Department of the Ministry of External Relations is responsible for the authentication of the documents which the person concerned is required to submit with his application for recognition or acceptance.

studies, diplomas and degrees in higher education are the Legal Department of

Of these bodies, the one directly responsible for deciding on matters relating to the recognition of degrees and diplomas is the Legal Department of the Ministry of Higher Education which consults the Directorate of Teaching Methodology on whether such diplomas and degrees can be considered equivalent or corresponding or simply accepted as being higher education qualifications.

Annex XIV - page 4 In the case of partial studies or completed studies where the award of a

diploma, for example, depends on the performance of some practical teaching requirement, the Directorate of Teaching Methodology of the Ministry of Higher Education takes the decision, after hearing the opinion of the faculty specialists at the institutions of higher education.

Where postgraduate studies leading to a scientific degree are concerned, recognition is within the competence of the National Commission for Scientific Degrees, in accordance with the provisions of Law No. 1281 of 2 December 1974, *

as amended by Decree-Law No. 37 of 7 April 1980. In the case of postgraduate studies not leading to a scientific degree, the responsibility for the recognition decision rests with the Legal Department of the Ministry of Higher Education, after hearing the opinion of the Ministry's own Directorate of Postgraduate Education.

i

To give an idea of Cuba's achievements in this matter since the promulgation of Decision No. 15/83 to the present day, it may be noted that 24 applications for the recognition of studies, diplomas or degrees have been accepted. Of these, five relate to Chile, 14 to Mexico and three to Colombia; all of these studies, diplomas and degrees came within the purview of the Regional Convention. A further two applications, one from the United States of America and one from the Netherlands, were approved in the national interest.

Under item II we are asked to specify the body responsible for gathering and circulating information on the recognition or acceptance of studies. In our case, this body is the Cuban Commission for Unesco.

The responsibility for developing methods and criteria for the recognition or acceptance of higher education studies rests with the Ministry of Higher Education.

III. Conventions, agreements and other international instruments on the recognition of studies diplomas and degrees in higher education.

Besides being a signatory to the Regional Convention, the Republic of Cuba is a member of the Council for Mutual Economic Assistance (CMEA) and as such is required to comply with the rules laid down by that international body with regard to the recognition or acceptance of diplomasor degrees awarded and studies carried out in higher education in the member countries.

Our country is currently engaged in setting up a number of conventions on international co-operation with several African States on the lines of the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean.

IV. Information and documentation concerning the recognition and acceptance of studies, diplomas and degrees in higher education. .#

The information provided by us is contained in this report, while the available documentation consists of the Decree and Ministerial Decision to which we have referred. -

With regard to the matters referred to in items IV-2 and IV-3, we have no further information available.

We are not experiencing any difficulties in the implementation of the Convention.

We have no suggestions to make.

Annex XIV - page 5 V. Progress made.

All arrangementS.have been made for giving effect to the Convention and every year a larger number of persons secure the recognition of diplomas, degrees or studies through a speedy and efficient procedure.

We would not wish to conclude this report without reiterating our country's readiness to collaborate with all the countries that have signed the Convention, in the framework of the most 'fraternal mutual respect, in dealing satisfactorily with all matters within our power, in order that the Convention may bring benefits to our peoples and provide a further opportunity for strengtheing the ties of friendship between us.

Annex XIV - page 6 DECISION NO. 15/83

WHEREAS Decree No. 102 of the Executive Committee of the Council of Ministers of 31 March 1982 establishes regulations on the recognition or acceptance of diplomas and degrees awarded and studies carried out abroad,

WHEREAS the First Final Provision of the above-mentioned Decree specifies that the Ministry of Education and the Ministry of Higher Education are responsible, within their respective fields of competence, for the execution of the provisions of the Decree and for issuing any further regulations that may be necessary,

WHEREAS the Ministry of Higher Education, in accordance with the provisions of Article 72 of Law No. 1323, is the governing body for higher education, it is necessary, in view of the foregoing, to order further measures for the more effective implementation of the above-mentioned Decree No. 102 in so far as this concerns the Ministry of Higher Education,

Y

NOW, THEREFORE, .in exercise of the authority vested in me,

I HEREBY DECIDE:

ONE: To order further measures for the more effective implementation of the provisions of Decree No. 102 of 31 March 1982 of the Executive Committee of the Council of Ministers on the recognition or acceptance of diplomas and degrees awarded and studies carried out abroad, in the manner specified in the following paragraphs.

TWO: Any persons residing permanently in our country, whether Cuban citizens, foreigners or stateless persons, who have obtained diplomas and degrees or carried out studies in higher education abroad, have the right to secure the recognition or acceptance of such diplomas, degrees or studies provided that they satisfy the requirements laid down in these regulations.

THREE: The degree or diploma held or the studies carried out for which recognition or acceptance is sought shall have been awarded or carried out in institutions of higher education of countries signatory to the Regional Conventions of Latin American and Caribbean countries, of member countries of the Council for Mutual Economic Assistance (CMEA) or of countries with which Cuba is bound by bilateral or multilateral treaties on the subject, or shall represent cases involving the national interest, stated by a reasoned application fromastate institution or a body of the Central Administration of the State.

FOUR: The recognition or acceptance of diplomas or degrees implies their acceptance for academic purposes and their validity for admission to a profession.

FIVE: The recognition or acceptance both of diplomas and degrees and of studies in higher education shall be based on correspondence, equivalence or the simple acceptance of their validity.

SIX: 'Correspondence' denotes comparison of the validity of diplomas, degrees or studies in higher education which are not identical but are accorded the same value and have the same effects.

i.

SEVEN: The 'equivalence' of diplomas, degrees or studies in higher education denotes specific comparison on the basis of an exact correspondence with the speciality or profession concerned and the type, level or nature of the diplomas, degrees or studies. Equivalence implies a corresponding status and may concern a speciality or one aspect of a speciality with respect to another speciality or another aspect of that speciality.

Annex XIV - page 7 EIGHT: The simple acceptance of the validity of diplomas, degrees or studies in higher education has the effect of recognizing that they are higher-education diplomas, degrees or studies, without implying any correspondence or equivalence.

NINE: For the purpose of establishing whether a diploma or degree awarded upon completion of a specialized undergraduate course should be taken to be equivalent or corresponding or simply accepted as being a higher-education qualification, the opinion on the matter of the Directorate of Teaching Methodology of this Ministry shall be obtained.

TEN: Recognition or acceptance may apply to diplomas, degrees or completed or partial studies in higher education and to postgraduate courses.

ELEVEN: The recognition or acceptance referred to in the previous article shall have the effect of permitting the practice of a profession or the continuation of studies.

TWELVE: There shall be established at the Ministry of Higher Education a Registration Office for diplomas and degrees awarded abroad, under the charge of the Legal Department of the Ministry, at which the various formalities for entering them in the appropriate register and ensuring their proper supervision by the Office shall be completed.

THIRTEEN: For the recognition or acceptance of diplomas and degrees in higher education awarded by authorities of other States, the person concerned shall submit a written application to the Registration Office of the Ministry of Higher Education together with the necessary documentation duly authenticated by the Cuban Ministry of External Relations .,

FOURTEEN: If the diplomas, degrees or certificates of study referred to in this Decision are written in a foreign language, they shall be translated into Spanish either by the body referring the applicant or by an authorized person or entity, such authorized persons being considered to be persons expressly approved by the Ministry of Higher Education.

FIFTEEN: The Head of the Legal Department of the Ministry shall recognize the diploma or degree awarded abroad as valid if this is in order and shall record the fact in the register established for that purpose, an entry being likewise made on the document registered, stating that: it is valid for admission to the appropriate profession and has been registered.

SIXTEEN: If the document bearing record of the diploma or degree is such that no entry can be made on it, a certificate shall be issued stating the main particulars of the diploma or degree recognized and accepted and including details of its entry in the register and its full validity for admission to the appropriate profession.

SEVENTEEN: In cases where recognition or acceptance of partial studies or of an incomplete course of specialization is sought, the person concerned shall submit his application to the General Secretariat of the institution of higher education at which the speciality in question is offered.

EIGHTEEN: The General Secretariat of the institution shall, upon receipt of the application referred to in the preceding paragraph, forward it to the appropriate Faculty, which shall examine the documentation submitted and prepare a proposal for consideration by the Directorate of Teaching Methodology of this Ministry concerning the correspondence of the studies with those pursued in our country

Annex XIV - page 8 and the right to continue studies in the required form. This proposal'shall be forwarded to this Ministry through the General Secretariat of the institution.

NINETEEN: The Directorate of Teaching Methodology of this Ministry shall evaluate the findings and the proposal of the Faculty of the institution and shall decide thereon, further determining the institution at which the applicant shall complete his studies, on the basis of his request and his place of residence.

TWENTY: In the case of partial studies whose recognition implies recognition of an entire Cuban curriculum, the matter shall be referred by the Directorate of Teaching Methodology to the Head of the body responsible for the higher educational institution or, where applicable, to the Head of the governing body responsible for the profession, who shall decide whether recognition should be granted.

.

Li

TWENTY-ONE: The same procedure shall apply when the award of a diploma or degree depends on the submission of a thesis, project or graduate work. In this case, the Head of the responsible body shall authorize the award of the diploma or degree by the appropriate Cuban institution of higher education, after completion of the required studies.

TWENTY-TWO: As a rule, partial studies shall be recognized globally and, if possible, by course or year. Where it is considered necessary for the applicant to pass an examination in some additional subject or take some partial course in a given subject, he shall be informed where and when he must do this.

TWENTY-THREE: In the case of postgraduate studies, one of the procedures set out below shall be followed, depending on whether or not the studies lead to a scientific degree.

TWENTY-FOUR: In cases involving recognition or acceptance of scientific degrees awarded by foreign institutions, the provisions of Law No. 1281 of 2 December 1974, as amended by Decree-Law No. 37 of 7 April 1980, sha? be observed.

TWENTY-FIVE: In the case of postgraduate studies that do not lead to a scientific degree, the Legal Department of this Ministry shall decide whether to recognize or accept such studies, after hearing the views of this Ministry's Directorate of Postgraduate Education.

TWENTY-SIX: If the postgraduate studies relate to medical specialization, the Ministry of Public Health shall have the responsibility of deciding, after recognition or acceptance by this Ministry, whether they are equivalent or correspond to studies offered in this country.

TWENTY-SEVEN: In cases where, for valid reasons, the documents required for the recognition of diplomas, degrees or studies cannot be produced, they may be replaced, exceptionally, by a sworn statement made by the person concerned, a communication from the Cuban body concerned or one from a foreign institution or organization recognized by Cuba.

1

TWENTY-EIGHT: The sworn statement referred to in the preceding article shall be made before a Notary Public and shall include the following particulars:

full particulars of the applicant;

speciality completed, years of study completed or a list of subjects passed, with all the corresponding dates; and

the country and institution of higher education where the studies were carried out.

/

Annex XIV - page 9

.

TWENTY-NINE: In cases involving the recognition or acceptance of diplomas or degrees awarded or studies carried out in countries with which Cuba is not bound by bilateral or multilateral conventions on this subject, and where it is considered to be in the national interest,.duly established by a State body or a body of the Central Administration of the State, the Minister of Higher Education shall be responsible for deciding on the matter.

THIRTY: Any legislative provisions of equal or lower status which conflict with the provisions of this Decision are hereby repealed.

THIRTY-ONE: This Decision shall be published in the Gaceta Oficial de la Republica for purposes of public information.

DONE in the City of Havana, on the fifteenth day of the month of January in the year nineteen hundred and eighty-three, 'YEAR OF THE THIRTIETH ANNIVERSARY OF THE ATTACK ON THE MONCADA BARRACKS'. (Signed.) Fernando Vecino Alegret, Minister for Higher Education.

Dr Denio Camacho Hernandez, Head of the Legal Department of the Ministry of Higher Education:

I CERTIFY: That this is a true and exact copy of Decision No. 15 of 15 January 1983, issued by the Minister for Higher Education, which is lodged in the archive in my charge.

Dr Denio Camacho Hernandez Head of Legal Department

nb .