3. Global Convention on the Recognition of Qualifications

Global Convention on the Recognition of Qualifications concerning Higher Education

Introduction

3.1
This chapter examines the Global Convention on the Recognition of Qualifications concerning Higher Education (Global Convention), which was adopted on 25 November 2019 and tabled in the Parliament on 22 November 2021.1 The Committee’s inquiry lapsed at the dissolution of the 46th Parliament and the Global Convention was re-referred to the Committee by the Minister for Foreign Affairs on 1 August 2022.
3.2
The Global Convention establishes universal principles and processes for the recognition of studies and qualifications, and the right of individuals to have their foreign qualifications assessed in a ‘fair, transparent and non-discriminatory manner’.2
3.3
Broadly, the Global Convention would require the recognition in Australia, for the purposes of study and employment, of qualifications gained overseas unless it can be shown that an overseas qualification is substantially different to the corresponding qualification in Australia. The onus is placed on competent recognition authorities (for instance, educational institutions and employers) to establish the grounds for substantial difference. The process must be transparent and occur in a timely manner.
3.4
There is no enforcement mechanism in the Global Convention. It does not establish supranational legal obligations—measures adopted by States Parties would be based on existing domestic laws, and some provisions allow for implementation to the extent possible or feasible.3
3.5
Evidence to the Committee suggested the Global Convention would not be prescriptive in how Australia made decisions, and would fully respect all Australian laws, regulations and policies, and the autonomy of decision makers.4
3.6
The Committee was told:
There are no provisions in the global convention that explicitly deal with differences of opinion. What the global convention tries to do is support information exchange and cooperation, and build that long-term agenda in cooperation in this particular field.5

Background

3.7
Stemming from the foundation of its higher-education program in 1947, the Global Convention is said to fulfil the United Nations Educational, Scientific and Cultural Organization’s (UNESCO) objective for universality of higher-education diploma recognition and achieves one of its long-standing activities for equivalence of degrees.6
3.8
Progress towards the Global Convention started in 2011 following a feasibility study that argued for the urgent need to improve recognition of foreign qualifications worldwide. Drafting of the Global Convention began in March 2016, and Australia chaired the drafting committee. The Global Convention was adopted unanimously by UNESCO’s member States at the 40th session of the General Conference in November 2019.7
3.9
The Global Convention itself builds on provisions and obligations on States Parties in the existing UNESCO regional recognition conventions.8 Australia is party to three regional recognition conventions:
Bangkok Convention—Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Asia and the Pacific (Bangkok, 16 December 1983) (though this remains in effect, the Tokyo Convention is its successor)
Tokyo Convention—Asia-Pacific Regional Convention on the Recognition of Qualifications in Higher Education (Tokyo, 26 November 2011)
Lisbon Convention—Convention on the Recognition of Qualifications concerning Higher Education in the European Region (Lisbon, 11 April 1997).9
3.10
The Global Convention does not modify the rights or obligations of States Parties under the regional recognition conventions or any other treaties to which States are party.10

Rationale for greater recognition of qualifications

General benefits

3.11
According to UNESCO, global recognition of qualifications serves two general purposes: providing better access to education and mobility; and promoting quality.11

Improving access to education and mobility

3.12
Recognition, for UNESCO, is a ‘powerful tool to facilitate mobility from one country to another to study, research, teach or work’.12 In the context of study, access to and mobility between higher-education institutions worldwide is:
… universally acknowledged as a facilitator to accelerating knowledge sharing, knowledge circulation and international research cooperation in higher education within the context of the United Nations Sustainable Development Goals.13
3.13
UNESCO is of the view recognition of qualifications enhances the right to access education because it has the potential to provide opportunity to individuals to begin or continue studies in higher education.14

Promoting quality

3.14
For UNESCO, the Global Convention promotes quality in several respects, including:
by promoting quality assurance mechanisms as the basis upon which competent authorities would recognise qualifications
by contributing to the quality of educational institutions through the circulation of researchers and students and helping institutions conceptualise what it means for a student to be ready and prepared for studies and research.15

Potential benefits for Australia

3.15
According to the National Interest Analysis (NIA) and submitters to the inquiry, a number of benefits would potentially accrue to Australia from ratification of the Global Convention, including:
improving Australia’s competitiveness globally for students and skilled migrants
demonstrating Australia’s leadership and promotion of best practice
contributing to positive international relationship-building
removing trade barriers.

Improving Australia’s competitiveness

3.16
Australia’s Group of Eight universities collectively expressed their view ratification of the Global Convention would allow Australia to compete more effectively in the global skills marketplace, attracting highly-skilled qualified professionals to study and work to fill skills shortages in Australian industry. These universities also argued that by providing for broad recognition and acceptance worldwide, Australian university qualifications would be more attractive and this would assist the international education sector.16
3.17
The NIA concurred, stating:
… recognition of Australian qualifications supports sustainable growth and diversification of Australia’s international education industry, and the recognition of overseas qualifications supports skilled migration and employment in Australia.17
3.18
In particular, the NIA stated the Global Convention contains new provisions that would provide for the recognition of qualifications gained through online learning, offshore campuses, and joint degrees (degrees obtained through study at more than one university). These particular provisions would support Australian education providers to grow, diversify and innovate.18
3.19
For instance, the Department of Education, Skills and Employment told the Committee the Global Convention:
… brings transnational education, online or blended learning, within the remit of recognition. This often acts as a barrier to the expansion of the delivery of Australian qualifications, whereby online learning or blended or mixed modes of study are not recognised by some other countries.19
3.20
Consequently, the Australian Government expects the Global Convention to provide opportunities for market growth for Australian education providers.20
3.21
Universities who submitted to the inquiry also emphasised the Global Convention would provide an opportunity to address international misunderstandings about Australian qualifications, and improve portability of Australian qualifications internationally.21

Demonstrating Australian leadership and best practice

3.22
According to the NIA, Australia is recognised internationally as a leader in overseas qualification recognition and has an existing ‘mature and highly regarded qualifications recognition system’.22
3.23
In addition to providing a forum for international cooperation in the area of qualifications recognition,23 the NIA stated the Global Convention would:
… provide a dedicated platform for Australia to promote its best practices, and to help build a shared global understanding of what is fair and reasonable in the recognition of overseas qualifications, including Australian qualifications. Early ratification will demonstrate Australia’s continued international leadership in this strategically important policy area, and its commitment to fair and transparent recognition.24

Contributing to positive international relationship-building

3.24
Universities Australia argued Australia’s global reputation is supported by the relationships it develops with countries in the region and beyond. By contributing to the building of mutual trust between education institutions, qualifications recognition through the Global Convention would help facilitate and encourage relationships with more institutions than possible through the existing regional recognition conventions.25

Removing trade barriers

3.25
The NIA described the non-recognition of Australian qualifications as a ‘trade barrier’ and stated the Global Convention would provide an avenue to overcome such barriers. The provisions of the Convention would ‘work to minimise unreasonable barriers to student and worker mobility’.26

Key definitions in the Global Convention

3.26
The Global Convention contains a number of definitions that reflect those that exist in the regional recognition conventions. Two innovations, however, are that it: introduces a definition for ‘substantial differences’, a term that has been left undefined in the regional recognition conventions; and contains definitions for various types of learning.

Recognition

3.27
The Global Convention defines recognition as:
… a formal acknowledgment by a competent recognition authority of the validity and academic level of a foreign education qualification, of partial studies, or of prior learning for the purpose of providing an applicant with outcomes including, but not limited to:
the right to apply for admission to higher education; and/or
the possibility to seek employment opportunities.27

Competent recognition authority

3.28
A competent recognition authority is:
… an entity which, in accordance with the laws, regulations, policies, or practices of a State Party, assesses qualifications and/or makes decisions on the recognition of qualifications.28
3.29
In Australia, recognition of overseas qualifications is decentralised, meaning the competent recognition authority depends on the context:
admission to study—the education institution
employment—the employer
skilled migration—the appointed assessing authority.29
3.30
The Global Convention, according to the NIA, ‘does not prescribe how decision-makers should recognise overseas qualifications’.30 Competent recognition authorities in Australia make their decisions on standards, requirements, policies and procedures regarding recognition autonomously.31
3.31
According to the Department of Education, Skills and Employment:
The convention fully respects all Australian laws, regulations and policies so that the competent authorities in Australia, including universities, skilled migration authorities, professional or occupational bodies, and employers, maintain their decision-making autonomy on the acceptability of overseas qualifications for student admission, skilled migration, registration and skilled employment.32

Substantial differences

3.32
The Global Convention introduces a definition for ‘substantial differences’ not present in the Tokyo, Lisbon or Bangkok conventions to which Australia is already a Party.33 Substantial differences are:
… significant differences between the foreign qualification and the qualification of the State Party which would most likely prevent the applicant from succeeding in a desired activity, such as, but not limited to, further study, research activities, or employment opportunities.34
3.33
Non-recognition under the Global Convention is expected by UNESCO to be ‘the exception’ and ‘must be duly explained and justified’.35
3.34
The Department of Education, Skills and Employment supported this definition, stating it would:
… [instil] a positive and consistent view of recognition and provides a globally shared understanding of what 'substantial difference' means. This will make great progress towards reducing unreasonable, unnecessary and unfair barriers to mobility. In practice, assessors must carefully consider whether the learning would actually prevent the applicant from succeeding in the activity for which recognition is sought.36

Types of learning

3.35
The Global Convention also contains definitions for various types of learning that are not present in the other conventions to which Australia is a Party:
Formal learning: learning derived from activities within a structured learning setting, leading to a formal qualification, and provided by an education institution recognized by a State Party’s competent authorities and authorized thereby to deliver such learning activities
Informal learning: learning which occurs outside the formal education system and which results from daily life activities related to work, family, local community, or leisure
Non-formal learning: learning achieved within an education or training framework which places an emphasis on working life and which does not belong to the formal education system
Non-traditional learning modes: formal, non-formal and informal mechanisms for the delivery of educational programmes and learning activities not primarily relying on face-to-face interaction between the educator and the learner37
Prior learning: the experience, knowledge, skills, attitudes and competencies which an individual has acquired as a result of formal, non-formal, or informal learning, assessed against a given set of learning outcomes, objectives, or standards
Lifelong learning: a process which refers to all learning activities, whether formal, non-formal, or informal, covers the entire lifespan and has the aim of improving and developing human capacities, knowledge, skills, attitudes and competencies.38

Traditional and non-traditional learning to be assessed under the same criteria

3.36
The Global Convention provides for qualifications gained or programs delivered through non-traditional learning modes, where these non-traditional learning modes are subject to comparable quality assurance mechanisms (and in the case of higher-education qualifications and programs, are considered part of the higher-education system of a State Party), to be assessed using the same criteria as qualifications gained or programs delivered by traditional learning modes.39

Key provisions in the Global Convention

Preamble

3.37
The preamble makes reference to a number of principles, including increasing international cooperation in higher education; facilitating the mobility of students, workers, professionals, researchers and academics; and promoting the different modes, methods, developments and innovations in teaching and learning.40

Objectives

3.38
The Global Convention contains 10 objectives which encompass mobility, transparency, cooperation, inclusivity, autonomy, and quality assurance. They include:
facilitating global mobility and achievement of merit in higher education
providing an inclusive global framework for the fair, transparent, consistent, coherent, timely and reliable recognition of qualifications concerning higher education
fostering trust and confidence in the quality and reliability of qualifications through, amongst other things, promoting integrity and ethical practices
promoting a culture of quality assurance in higher-education institutions
working towards inclusive and equitable access to quality higher education.41

Basic principles for the recognition of qualifications

3.39
There are eight basic principles in the Global Convention for the recognition of qualifications concerning higher education, including:
individuals have the right to have their qualifications assessed for the purpose of applying for admission to higher-education studies or seeking employment opportunities, but must also provide adequate and accurate information and documentation on achieved qualifications in good faith
recognition decisions should be informed by contemporary and verifiable information, and reflect clear criteria, be fair, transparent and made according to non-discriminatory procedures, and made in accordance with the rules and regulations of each State Party
equitable access to higher education is a public good that may lead to employment opportunities
respect for the diversity of higher-education systems worldwide
a commitment to adopting measures to eradicate all forms of fraudulent practices regarding higher-education qualifications.42

Areas of recognition

3.40
Broadly, the Global Convention uses the basic principles (see above) to impose recognition obligations on States Parties for the following educational circumstances:
qualifications giving access to higher education
higher-education qualifications
partial studies and prior learning
partial studies and qualifications held by refugees and displaced persons.
3.41
The Global Convention allows for situations where additional requirements may be required for entry into particular programs—for instance, additional qualifying examinations—providing these requirements are fair and transparent.43

Allowance for different regulatory systems

3.42
The diversity of regulatory systems in States Parties is provided for in the following cases:
qualifications giving access to higher education (article IV)
higher-education qualifications (article V)
partial studies and prior learning (article VI).
3.43
Recognition decisions within States Parties may be made by a single and central competent recognition authority, or devolved to various entities. These articles provide for two processes of recognition:
the State Party itself provides the assessment of the qualification, partial studies, or prior learning
the State Party enables the individual to obtain an assessment of the qualification, partial studies, or prior learning.44
3.44
Regardless of where or how the assessment is undertaken, the ‘substantial differences’ requirement applies (see below).45

Qualifications giving access to higher education

3.45
Unless substantial differences can be shown between the general requirements for access, States Parties are required to recognise, for the purposes of access to the higher-education system, the qualifications and documented or certified prior learning acquired in other States Parties, which meet the general requirements for access to higher education in those other States Parties.46
3.46
Where qualifications have been acquired through recognised non-traditional learning modes that are subject to comparable quality assurance mechanisms, they would be assessed according to the rules and regulations of the State Party, using the same criteria as those applied to similar qualifications acquired through traditional learning modes.47

Higher-education qualifications

3.47
States Parties are required to recognise a higher-education qualification conferred in another State Party, unless substantial differences can be shown.48
3.48
Where higher-education qualifications are acquired through recognised non-traditional learning modes that are subject to comparable quality assurance mechanisms and are considered part of the higher-education system of a State Party, they would be assessed according to the rules and regulations of the State Party in which recognition is sought, using the same criteria as those applied to similar qualifications acquired through traditional learning modes.49
3.49
Under the Global Convention, recognition of a higher-education qualification shall have at least one of the following outcomes:
provides the holder with the right to apply for admission to further higher education under the same conditions as those applicable to holders of higher-education qualifications of the State Party in which recognition is sought
provides the holder with the right to use the title associated with a higher-education qualification in accordance with the laws or regulations of the State Party, or of the constituent unit thereof (for instance, the states and territories), in which recognition is sought.50
3.50
Assessment and recognition may enable qualified applicants to seek employment opportunities, subject to the laws and regulations of the State Party or constituent unit in which recognition is sought.51
3.51
Where substantial differences can be shown, the competent recognition authority is required to seek to establish whether partial recognition may be granted.52
3.52
In the cases of higher-education qualifications gained through cross-border education,53 or higher-education qualifications acquired through foreign educational institutions operating in a State Party’s jurisdiction, recognition can be made contingent upon specific requirements in the legislation or regulations of the State Party, or specific agreements concluded with the State Party of origin of the institution.54

Partial studies and prior learning

3.53
Subject to substantial differences being shown, States Parties may recognise, for the purpose of completing a higher-education program or the continuation of higher-education studies, documented or certified partial studies or documented or certified prior learning acquired in another State Party. This is subject to any legislation a State Party has regarding access.55
3.54
The provision also provides for the partial completion of higher-education programs delivered by recognised non-traditional learning modes (subject to comparable quality assurance mechanisms) considered part of the higher-education system of a State Party, to be assessed according to the rules and regulations of the State Party, using the same criteria as those applied to partial studies delivered by traditional learning modes.56

Partial studies and qualifications held by refugees and displaced persons

3.55
States Parties are required to take necessary and feasible steps to develop reasonable procedures for assessing fairly and efficiently whether refugees and displaced persons fulfil the relevant requirements for access to higher education, further higher-education programs, or the seeking of employment opportunities. This includes cases where no documentary evidence can be provided.57

Information requirements

3.56
States Parties are required, amongst other things, to:
establish transparent systems for the description of their qualifications and learning outcomes
put in place an objective and reliable system for the approval, recognition and quality assurance of higher-education institutions to promote confidence and trust
establish and maintain national information centres to provide access to relevant, accurate and up-to-date information about its higher-education system
undertake a range of activities related to the provision and dissemination of authoritative, accurate and timely information, including on higher-education systems, qualifications, higher-education institutions, specific higher-education programs, quality assurance, and recognition matters
ensure the provision, within a reasonable time, of adequate information on any institution belonging to its higher-education system and any program operated by such institutions for the purposes of recognition in other States Parties.58

Assessing applications

3.57
While responsibility for providing adequate information in good faith rests with the applicant, States Parties are to ensure institutions provide timely and free information to the holder of a qualification, institution, or competent recognition authorities of the State Party in which recognition is sought.59
3.58
If an application for recognition is not granted, the State Party is responsible for ensuring the particular body undertaking the assessment either:
demonstrates the reasons for which an application does not fulfil requirements
demonstrates where substantial differences exist.60

Fairness and transparency

3.59
While the Global Convention provides for admission to higher-education institutions or programs to be selective, the requirements for selection must be fair and transparent.61 Admission procedures must be structured to provide for the assessment of foreign qualifications in a transparent, fair and non-discriminatory manner.62

Language proficiency

3.60
Admission to a higher-education institution may be based on a condition that a student can demonstrate competence in the language or languages of instruction of the institution concerned, or in other specified languages.63

Implementing the provisions of the Global Convention

3.61
The Global Convention contains provisions that require States Parties to notify the depository, the Director-General of UNESCO, of their competent recognition authorities. In jurisdictions where there is a central competent recognition authority, this authority is immediately bound by the provisions of the Convention.64
3.62
For jurisdictions such as Australia, where competence to make decisions on recognition matters lies with individual higher-education institutions or other entities, the text of the Global Convention must be transmitted to the institutions or entities and the State Party must take all necessary steps to encourage the favourable consideration and application of its provisions.65
3.63
The Global Convention requires States Parties to cooperate in implementing the Convention and provides for it to be implemented through national implementation structures; networks of national implementation structures; national, regional and global organisations for accreditation, quality assurance, qualification frameworks and recognition of qualifications; the Intergovernmental Conference of the States Parties; and regional recognition convention committees.66
3.64
The Intergovernmental Conference of the States Parties, which is required to meet for the first time within two years of the entry into force of the Global Convention, is tasked with, amongst other things, overseeing the implementation of the Global Convention by adopting recommendations, declarations, modes of good practices, or any relevant subsidiary text at the global or interregional level. The Conference may also adopt operational guidelines for States Parties. It is required to work in cooperation with the regional recognition convention committees.67
3.65
States Parties undertake to notify the Secretariat of the Intergovernmental Conference of the States Parties of their national implementation structures and any modification to these structures.68

Entry into force and duration

3.66
The Global Convention would enter into force three months after the date of deposit of the 20th instrument of ratification, acceptance, approval, or accession, for States Parties that have deposited their respective instruments on or before that date.69
3.67
If Australia ratifies the Global Convention after it enters into force, the Convention would enter into force for Australia three months after the deposit of its instrument of ratification.70
3.68
The NIA stated it is the Australian Government’s intention to ratify the Global Convention as soon as practicable following Parliamentary scrutiny and Federal Executive Council approval.71
3.69
At 9 November 2022, there were 18 State Parties: Armenia, Cabo Verde, Côte d’Ivoire, Croatia, Cuba, Estonia, France, Holy See, Japan, Lithuania, Nicaragua, Norway, Palestine, Romania, Slovakia, Sweden, Tunisia, United Kingdom of Great Britain and Northern Ireland.72

Termination

3.70
Any State Party may denounce the Global Convention at any time through an instrument in writing deposited with the Director-General of UNESCO. The denunciation would take effect 12 months after receipt, and would not have any impact on recognition decisions previously taken, or recognition assessments in progress.73

Amendment

3.71
The Global Convention makes provision for amendments to be proposed by States Parties, and to be adopted by a two-thirds majority of States Parties present and voting at a session of the Intergovernmental Conference of the States Parties. Once adopted, amendments need to be ratified, accepted, approved or acceded to by States Parties, and come into force for those States Parties three months after the deposit by two thirds of States Parties of the relevant instruments.74

Implementation

Legislation and regulation

3.72
The NIA stated that consequent of Australia’s ratification of the Bangkok, Lisbon and Tokyo conventions, Australia already meets the Global Convention’s substantive obligations. No changes to domestic law or policy would be required. Any additional obligations could, according to the NIA, be implemented through administrative changes.75
3.73
As such, the NIA predicted ratification of the Global Convention would have minimal impact on Australian stakeholders, ‘there would be no additional legal, policy or administrative impacts on the various business sectors and industries in Australia, or the general public’.76
3.74
However, the University of Sydney, which supports ratification, advised:
… participation may impose some additional administrative burdens on Australian universities by requiring them to review and potentially alter their current admissions practices significantly. By way of example, we note the wording of Article IV, which pre-empts a shift from an ‘equivalence-based’ approach to assessing qualifications, towards a test based on assessing ‘substantial difference’. On this point, we do not currently agree with the statement at page 9 of UNESCO’s Practical Guide to Recognition - Implementing the Global Convention on the Recognition of Qualifications Concerning Higher Education that an equivalence-based approach ‘hinders the advancement of best practices in recognition’. In our initial assessment, we are concerned that such a shift in the approach to qualification recognition has the potential to significantly increase the administrative burden for providers.77

Cost

3.75
According to the NIA, no financial costs are expected to be incurred by Australia in complying with obligations under the Global Convention, other than costs associated with attendance at the Intergovernmental Conference of the States Parties.78

National implementation structure

3.76
According to the NIA, Australia’s ‘national information centre’ (NIC) constitutes its national implementation structure. The NIC is existing and maintained by the Department of Education. The NIC already:
provides information on Australia’s higher-education system and quality assurance arrangements, qualifications and institutions
provides overseas qualifications assessments to individuals in accordance with obligations established under the Global Convention
supports Australia’s competent recognition authorities by providing qualifications recognition information services and policy advice
encourages competent recognition authorities to make decisions in accordance with the Global Convention.79
3.77
It is not clear, however, whether knowledge of the NIC is widespread. The Tasmanian Government stated the existence and function of the NIC was likely not widely known and in combination with Australia’s decentralised system for recognising qualifications, this would likely continue to have an impact on meaningful employment for migrants and refugees. It stated:
… the recognition of overseas qualifications is decentralised, with educational institutions and employers being responsible for recognising qualifications. This approach has limitations, particularly from employers’ point of view, as the understanding of the qualifications and any Australian Government recognition of international qualifications is comparatively low. Information as to qualifications is maintained at the National Information Centre (NIC), but few employers are likely to know this. Without an awareness through all educational institutions, industry groups, and employers of their responsibilities, migrants and refugees will likely continue to struggle to access employment.80

Notification

3.78
In 2019, following the adoption of the Global Convention, the Minister for Education provided written advice to key stakeholders that emphasised the importance of the Global Convention in committing States Parties to best principles and practices in the recognition of Australian qualifications and encouraged the raising of the Global Convention through international networks and activities. These key stakeholders included:
members of the Council for International Education
Convenor of the Expert Members of the Council for International Education
Independent Tertiary Education Council Australia
Universities Australia
TAFE Directors Australia
Council of Private Higher Education
relevant Australian Government ministers.81
3.79
The Department of Education, Skills and Employment stated Australia’s skilled migration assessing authorities were also notified of the adoption of the Global Convention.82

No requirement for consultation

3.80
According to the NIA, Australia already meets the majority of its obligations under the Global Convention and the Convention would have minimal impact on Australian stakeholders. As such the Department of Education, Skills and Employment determined broader sector-wide consultation, beyond notification, was not necessary.83
3.81
The University of Sydney expressed an alternative perspective, responding to the Department’s statement that broader sector-wide consultation was not deemed necessary:
On the contrary, we believe that the success of Australia’s participation in this Convention will depend largely on how effectively the Australian Government works on implementation with the states, territories and higher education providers. To this end, we urge the Committee to recommend that, as a first step, the Department of Education, Skills and Employment consult with the states and territories and all relevant higher education and dual-sector peak bodies (Universities Australia, the Independent Tertiary Education Council of Australia, TAFE Directors Australia, the Council for Private Higher Education and the International Education Association of Australia) to agree how Australia can implement this Convention most efficiently and effectively.84

Committee view

3.82
The Global Convention would provide a framework for the fair and transparent recognition of Australian qualifications internationally, and the recognition of overseas qualifications in Australia. Aside from contributing to global common goods like improving access to education and mobility, promoting quality, and enhancing international relationship-building, the Committee heard ratifying the Global Convention would have significant benefits for Australia.
3.83
The Global Convention itself is testament to Australia’s leadership in international education. The Committee notes the role Australia played in chairing the drafting committee and in achieving unanimous agreement for the Global Convention’s adoption in November 2019.
3.84
Australia’s education sector would potentially be a significant beneficiary of the Global Convention. The education sector is world leading and innovative and the Global Convention would provide a framework for the recognition of qualifications gained both through traditional and non-traditional learning modes.
3.85
The Committee agrees that Australia competes in a global marketplace for students and skilled professionals. Providing for Australian qualifications to be recognised and accepted worldwide would add to the value of an Australian qualification.
3.86
The Committee is reassured the Global Convention does not prescribe how overseas qualifications would be recognised and Australian decision makers would maintain full autonomy. This means Australia’s standards, requirements, policies and procedures regarding recognition would remain high. Indeed, the Committee heard Australia is recognised internationally as a leader in overseas qualification recognition and has an existing mature and highly regarded recognition system, which is already in compliance with the requirements of the Global Convention.
3.87
Accordingly, the Committee is of the view ratifying the Global Convention is in the national interest. It would reflect Australia’s global leadership in qualifications recognition and in the provision of quality education.

Recommendation 2

3.88
The Committee supports the Global Convention on the Recognition of Qualifications concerning Higher Education and recommends binding treaty action be taken.

  • 1
    Global Convention on the Recognition of Qualifications concerning Higher Education (Paris, 25 November 2019) [2021] ATNIF 8, hereafter Global Convention.
  • 2
    United Nations Educational, Scientific and Cultural Organization (UNESCO), A practical guide to recognition: Implementing the Global Convention on the Recognition of Qualifications Concerning Higher Education, 2020, hereafter A practical guide to recognition, page 5.
  • 3
    See, for instance: Global Convention, articles VII, VIII(2), IX(2), X(3); Stamenka Uvalić-Trumbić, ‘Qualifications Recognition Going Global: An International Convention under UNESCO’s Auspices’, International Higher Education, Number 101, Spring Issue, 2020, page 28.
  • 4
    Ms Karen Sandercock, First Assistant Secretary, International Division, Department of Education, Skills and Employment, Committee Hansard, Canberra, 7 February 2022, page 2.
  • 5
    Ms Jane Azurin, Director, Qualifications Recognition Policy Section, International Partnerships Branch, International Division, Department of Education, Skills and Employment, Committee Hansard, Canberra, 7 February 2022, page 5.
  • 6
    Stamenka Uvalić-Trumbić, ‘Qualifications Recognition Going Global: An International Convention under UNESCO’s Auspices’, International Higher Education, Number 101, Spring Issue, 2020, pages 28–29.
  • 7
    UNESCO, ‘What is the Global Convention on higher education?’, en.unesco.org/news/what-global-convention-higher-education, viewed 20 April 2022; UNESCO, UNESCO Higher Education Activity Report (June 2020 – April 2021), 13 April 2021, page 2; Ms Jane Azurin, Department of Education, Skills and Employment, Committee Hansard, Canberra, 7 February 2022, page 3.
  • 8
    Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean (Buenos Aires, 13 July 2019); Revised Convention on the Recognition of Studies, Certificates, Diplomas, Degrees and Other Academic Qualifications in Higher Education in African States (Addis Ababa, 12 December 2014); Asia-Pacific Regional Convention on the Recognition of Qualifications in Higher Education (Tokyo, 26 November 2011); Convention on the Recognition of Qualifications concerning Higher Education in the European Region (Lisbon, 11 April 1997); Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab States (Paris, 2 February 2022) [This treaty was initially signed on 22 December 1978, and revised on 2 February 2022]; Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab and European States Bordering on the Mediterranean (Nice, 17 December 1976).
  • 9
    National Interest Analysis [2021] ATNIA 5 with attachment on consultation, Global Convention on the Recognition of Qualifications concerning Higher Education (Paris, 25 November 2019) [2021] ATNIF 8, hereafter NIA, paragraph 4.
  • 10
    Global Convention, article XIX.
  • 11
    UNESCO, A practical guide to recognition, pages 8, 11.
  • 12
    UNESCO, A practical guide to recognition, page 8.
  • 13
    UNESCO, A practical guide to recognition, page 5.
  • 14
    UNESCO, A practical guide to recognition, page 11.
  • 15
    UNESCO, A practical guide to recognition, page 11.
  • 16
    Group of Eight Australia, Submission 1, pages 2, 4. See also: University of Melbourne, Submission 5, page 2; Universities Australia, Submission 6, page 2.
  • 17
    NIA, paragraph 6. See also: Department of Education, Submission 8, page 3.
  • 18
    NIA, paragraphs 7, 10.
  • 19
    Ms Karen Sandercock, Department of Education, Skills and Employment, Committee Hansard, Canberra, 7 February 2022, page 4.
  • 20
    NIA, paragraphs 7, 10.
  • 21
    See: University of Sydney, Submission 4, page [1]; University of Melbourne, Submission 5,
    pages [1]–2.
  • 22
    NIA, paragraph 13.
  • 23
    NIA, paragraph 10.
  • 24
    NIA, paragraph 7.
  • 25
    Universities Australia, Submission 6, page [1].
  • 26
    NIA, paragraph 10.
  • 27
    Global Convention, article I.
  • 28
    Global Convention, article I.
  • 29
    NIA, paragraph 14.
  • 30
    NIA, paragraph 12.
  • 31
    NIA, paragraph 14.
  • 32
    Ms Karen Sandercock, Department of Education, Skills and Employment, Committee Hansard, Canberra, 7 February 2022, page 2.
  • 33
    The Tokyo, Lisbon and Bangkok conventions contain the term ‘substantial differences’ but it is not defined.
  • 34
    Global Convention, article I.
  • 35
    UNESCO, A practical guide to recognition, page 9.
  • 36
    Ms Karen Sandercock, Department of Education, Skills and Employment, Committee Hansard, Canberra, 7 February 2022, page 2.
  • 37
    The Australian Government includes online learning and transnational education as forms of non-traditional learning modes. See: Ms Karen Sandercock, Department of Education, Skills and Employment, Committee Hansard, Canberra, 7 February 2022, page 2; Ms Jane Azurin, Department of Education, Skills and Employment, Committee Hansard, Canberra, 7 February 2022, page 4.
  • 38
    Global Convention, article I.
  • 39
    See: Global Convention, articles IV(2), V(2), VI(2).
  • 40
    Global Convention, Preamble.
  • 41
    Global Convention, article II.
  • 42
    Global Convention, article III.
  • 43
    Global Convention, article XI.
  • 44
    Global Convention, articles IV(1), V(1), VI(1).
  • 45
    Global Convention, articles IV(1), V(1), VI(1).
  • 46
    Global Convention, article IV(1).
  • 47
    Global Convention, article IV(2).
  • 48
    Global Convention, article V(1)
  • 49
    Global Convention, article V(2).
  • 50
    Global Convention, article V(4).
  • 51
    Global Convention, articles V(4)–(6).
  • 52
    Global Convention, article V(5).
  • 53
    Cross-border education is defined as: ‘all modes of educational delivery which involve the movement of people, knowledge, programmes, providers and curriculum across States Parties’ borders, including, but not limited to, quality-assured international joint degree programmes, cross-border higher education, transnational education, offshore education and borderless education’. Global Convention, article I.
  • 54
    Global Convention, article V(6).
  • 55
    Global Convention, article VI(1).
  • 56
    Global Convention, article VI(2).
  • 57
    Global Convention, article VII.
  • 58
    Global Convention, article VIII.
  • 59
    Global Convention, articles IX(1)–(2).
  • 60
    Global Convention, article IX(3).
  • 61
    Global Convention, article XI(3).
  • 62
    Global Convention, article XI(4).
  • 63
    Global Convention, article XI(5).
  • 64
    Global Convention, articles X(1)–(2), XXII.
  • 65
    Global Convention, article X(4).
  • 66
    Global Convention, articles XII, XIII, XIV, XV.
  • 67
    Global Convention, article XV.
  • 68
    Global Convention, article XIII(3).
  • 69
    Global Convention, article XVIII(1); NIA, paragraph 3.
  • 70
    Global Convention, article XVIII(2); NIA, paragraph 3.
  • 71
    NIA, paragraph 2.
  • 72
    UNESCO, ‘Global Convention on the Recognition of Qualifications concerning Higher Education: States Parties’, en.unesco.org/about-us/legal-affairs/global-convention-recognition-qualifications-concerning-higher-education, viewed 9 November 2022.
  • 73
    Global Convention, articles XXI, XXII.
  • 74
    Global Convention, article XXIII.
  • 75
    NIA, paragraphs 11, 22.
  • 76
    NIA, paragraph 38.
  • 77
    University of Sydney, Submission 4, page [2].
  • 78
    NIA, paragraph 24.
  • 79
    NIA, paragraphs 14, 23; Ms Karen Sandercock, Department of Education, Skills and Employment, Committee Hansard, Canberra, 7 February 2022, page 2.
  • 80
    Tasmanian Government, Submission 7, pages [1]–[2].
  • 81
    NIA, paragraphs 33–34.
  • 82
    NIA, paragraph 35.
  • 83
    NIA, paragraph 38.
  • 84
    University of Sydney, Submission 4, page [2].

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