Identifier
Created
Classification
Origin
03ROME1380
2003-04-01 11:48:00
UNCLASSIFIED
Embassy Rome
Cable title:  

FAO RIGHT TO FOOD WORKING GROUP: REPORT OF FIRST

Tags:  AORC KUNR FAO 
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UNCLAS SECTION 01 OF 03 ROME 001380 

SIPDIS

FROM FODAG

MEXICO CITY FOR BRAKEL
STATE FOR IO/EDA KOTOK
USAID FOR RALPH CUMMINGS

E.O. 12958: N/A
TAGS: AORC KUNR KUNR KUNR FAO AORC FAO AORC FAO
SUBJECT: FAO RIGHT TO FOOD WORKING GROUP: REPORT OF FIRST
SESSION


UNCLAS SECTION 01 OF 03 ROME 001380

SIPDIS

FROM FODAG

MEXICO CITY FOR BRAKEL
STATE FOR IO/EDA KOTOK
USAID FOR RALPH CUMMINGS

E.O. 12958: N/A
TAGS: AORC KUNR KUNR KUNR FAO AORC FAO AORC FAO
SUBJECT: FAO RIGHT TO FOOD WORKING GROUP: REPORT OF FIRST
SESSION



1. SUMMARY: THE FIRST SESSION OF THE INTERGOVERNMENTAL
UNCLASSIFIED

PAGE 02 ROME 01380 01 OF 03 011149Z
WORKING GROUP FOR THE ELABORATION OF VOLUNTARY GUIDELINES
TO SUPPORT THE PROGRESSIVE REALIZATION OF THE RIGHT TO
ADEQUATE FOOD IN THE CONTEXT OF NATIONAL FOOD SECURITY
MET MARCH 24-26, 2003. THE U.S. WAS ELECTED TO THE BUREAU
AS VICE-CHAIR. AS EXPECTED, MANY G-77 MEMBERS, SOME OECD
MEMBERS (NORWAY AND SWITZERLAND) AND MOST NGO'S PRESENT
SOUGHT TO MOVE THE DEBATE AWAY FROM "VOLUNTARY,"
"NATIONAL" GUIDELINES TO AN "INTERNATIONAL" AND "LEGALLY
BINDING" INSTRUMENT. WHILE THE U.S. IS ALONE IN PUBLICLY
REJECTING A "RIGHT TO FOOD," WE FEEL THAT WE ARE
SUPPORTED BY MOST OTHER OECD COUNTRIES IN SEEKING AN
OUTCOME FOCUSED ON PRACTICAL STEPS AT THE NATIONAL LEVEL
RATHER THAN ON A THEORETICAL "RIGHT TO FOOD." THE BUREAU
WILL MEET INTER-SESSIONALLY TO PREPARE A FIRST DRAFT OF
THE GUIDELINES FOR SUBMISSION TO THE NEXT SESSION IN
SEPTEMBER 2003. END SUMMARY.


2. THE FAO CONVENED THE FIRST MEETING OF THE
INTERGOVERNMENTAL WORKING GROUP FOR THE ELABORATION OF
VOLUNTARY GUIDELINES TO SUPPORT THE PROGRESSIVE
REALIZATION OF THE RIGHT TO ADEQUATE FOOD IN THE CONTEXT
OF NATIONAL FOOD SECURITY (IGWG-RTF) MARCH 24-26, 2003.
THE IGWG WAS ESTABLISHED PURSUANT TO PARAGRAPH 10 OF THE
DECLARATION OF THE WORLD FOOD SUMMIT: FIVE YEARS LATER
AND ACCORDING TO THE TERMS OF REFERENCE (TOR) AGREED BY
THE 123RD FAO COUNCIL.

BUREAU AND PARTICIPANTS
--------------

3. PARTICIPANTS IN THE IGWG INCLUDED 83 FAO AND UN
MEMBERS, 17 INTERNATIONAL NGOS, AS WELL AS UN AND OTHER
UNCLASSIFIED

PAGE 03 ROME 01380 01 OF 03 011149Z
SPECIALIZED AGENCIES, THE WORLD FOOD PROGRAM, THE OFFICE
OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS, AND THE UN
SPECIAL RAPPORTEUR ON THE RIGHT TO FOOD. THE GROUP
ELECTED AMBASSADOR NOURI-NAEENI (IRAN) AS CHAIR,

AMBASSADOR CHRISTIAN MONNOYER (BELGIUM) AS FIRST VICE-
CHAIR AND AMBASSADOR GURGEL DE ALENCAR (BRAZIL),MR.
HAMADOUN CISSE (MALI),MR. PETER BENNET (NEW ZEALAND),
MR. NOEL D. DE LUNA (PHILIPPINES) AND MS. LUCY TAMLYN
(U.S.) AS VICE-CHAIRS. COMMENT: AMBASSADOR MONNOYER, THE
OECD CANDIDATE FOR CHAIR, WITHDREW HIS CANDIDACY AT THE
LAST MINUTE IN THE FACE OF STRONG G-77 INTEREST IN THE
CHAIR. IN EXCHANGE, IT WAS AGREED THAT MONNOYER WOULD
SERVE AS THE FIRST VICE-CHAIR. END COMMENT.

QUESTION OF RAPPORTEUR
--------------

4. AS PART OF THE ARRANGEMENT WHEREBY THE G-77 ASSUMED
THE CHAIR, THE G-77 OFFERED (AND SOME OECD MEMBERS HAD
SUPPORTED) CREATING A RAPPORTEUR IN ORDER TO BRING
ANOTHER OECD MEMBER ONTO THE BUREAU. THE FIRST ORDER OF
BUSINESS ASSIGNED TO THE BUREAU WAS DETERMINING WHETHER A
RAPPORTEUR WAS NEEDED. (THE ONLY CANDIDATE FOR
RAPPORTEUR WAS NORWAY.) USDEL OBJECTED TO CREATING A
RAPPORTEUR, ARGUING THAT THE POSITION WAS NOT IN THE TOR
AND TOOK AWAY FROM THE BUREAU'S ASSIGNED
RESPONSIBILITIES. THE BUREAU AGREED THAT IT WOULD NOT
CREATE A RAPPORTEUR DURING THIS SESSION, BUT RECOGNIZED
THAT SOME COUNTRIES MIGHT WISH TO RAISE THE ISSUE AGAIN
AT A LATER DATE.

U.S. STATEMENT
UNCLASSIFIED

PAGE 04 ROME 01380 01 OF 03 011149Z
--------------

5. AMBASSADOR TONY P. HALL DELIVERED THE U.S. OPENING
STATEMENT. HE EMPHASIZED THAT THE IGWG SHOULD FOCUS ON
PRACTICAL STEPS THAT COULD BE TAKEN BY GOVERNMENTS AND
OTHER ACTORS TO ACHIEVE NATIONAL FOOD SECURITY. THESE
INCLUDE: INCREASING AGRICULTURAL PRODUCTIVITY; CREATING
AN ENABLING ENVIRONMENT; PROMOTING TRANSPARENT AND
ACCOUNTABLE GOVERNMENT; BOOSTING AGRICULTURAL SCIENCE AND
TECHNOLOGY; DEVELOPING DOMESTIC MARKET AND INTERNATIONAL
TRADE OPPORTUNITIES; SECURING PROPERTY RIGHTS AND ACCESS
TO FINANCE; ENHANCING HUMAN CAPITAL; PROTECTING THE
VULNERABLE; ADVANCING THE STATUS OF WOMEN; AND
MAINSTREAMING A GENDER PERSPECTIVE IN NATIONAL
INSTITUTIONS, POLICIES, AND BUDGETS AROUND THE WORLD.


6. THE U.S. STATEMENT NOTED THAT THE UNITED STATES
BELIEVED THAT THE ATTAINMENT OF THE RIGHT TO AN ADEQUATE
STANDARD OF LIVING WAS A GOAL OR ASPIRATION TO BE
REALIZED PROGRESSIVELY THAT DID NOT GIVE RISE TO
INTERNATIONAL OBLIGATIONS OR DOMESTIC LEGAL ENTITLEMENT;
NOR DID IT DIMINISH THE RESPONSIBILITIES OF NATIONAL
GOVERNMENTS TOWARD THEIR CITIZENS. THE UNITED STATES

UNCLASSIFIED

UNCLASSIFIED PTQ1705

PAGE 01 ROME 01380 02 OF 03 011149Z
ACTION IO-00

INFO LOG-00 AID-00 AMAD-00 CIAE-00 COME-00 INL-00 WHA-00
SRPP-00 EB-00 EUR-00 UTED-00 FDRE-01 TEDE-00 INR-00
NSAE-00 OES-00 OIC-02 SS-00 TEST-00 TRSE-00 R-00
ECA-00 SAS-00 /003W
-------------- 4E3DF0 011150Z /38
R 011148Z APR 03
FM AMEMBASSY ROME
TO SECSTATE WASHDC 9053
USDA FAS WASHDC 2604
INFO USMISSION GENEVA
USMISSION USUN NEW YORK
AMEMBASSY MEXICO

UNCLAS SECTION 02 OF 03 ROME 001380

SIPDIS

FROM FODAG

MEXICO CITY FOR BRAKEL
STATE FOR IO/EDA KOTOK
USAID FOR RALPH CUMMINGS

E.O. 12958: N/A
TAGS: AORC KUNR KUNR KUNR FAO AORC FAO AORC FAO
SUBJECT: FAO RIGHT TO FOOD WORKING GROUP: REPORT OF FIRST
SESSION

REPEATEDLY EMPHASIZED THAT FOCUSING ON A THEORETICAL
UNCLASSIFIED

PAGE 02 ROME 01380 02 OF 03 011149Z
"RIGHT TO FOOD" WOULD DISTRACT FROM ACHIEVING NATIONAL
FOOD SECURITY.

RIGHT TO FOOD OR RIGHT TO ACCESS TO FOOD?
--------------

7. ALMOST EVERY STATEMENT BY GOVERNMENTS, NGOS, AND UN
REPRESENTATIVES (EXCEPT FOR WFP) SUPPORTED THE "RIGHT TO
FOOD." HOWEVER, ON EXAMINATION, MOST STATEMENTS REALLY
DEALT WITH THE "RIGHT TO ACCESS TO FOOD" RATHER THAN THE
"RIGHT TO FOOD" PER SE. THE EU STATEMENT INCLUDED
PRACTICAL MEASURES THAT SHOULD BE TAKEN TO ACHIEVE FOOD
SECURITY SUCH AS THE NEED FOR GOOD GOVERNANCE; ADDRESSING
FOOD SECURITY AS PART OF OVERALL NATIONAL POVERTY
REDUCTION STRATEGIES; EMPHASIZING GOVERNMENTS' OBLIGATION
TO RESPECT AND PROTECT PEOPLE'S ABILITY TO FEED
THEMSELVES; ACCESS TO PRODUCTIVE RESOURCES; THE ROLE OF
CIVIL SOCIETY IN DEVELOPING FOOD SECURITY STRATEGIES; THE
NEED FOR COOPERATION AMONG THE NATIONAL GOVERNMENT, LOCAL
GOVERNMENTS, NGOS, AND THE PRIVATE SECTOR.

JUSTICIABILITY AND INTERNATIONAL DIMENSIONS
--------------

8. SOME GOVERNMENTS AND NGOS SUPPORTED AN INDIVIDUAL
"RIGHT" IN THE FULL SENSE OF THE WORD (I.E. INDIVIDUALS
COULD TAKE LEGAL MEASURES AGAINST THEIR GOVERNMENTS IF
THEY DO NOT PROVIDE ADEQUATE FOOD) AND "INTERNATIONAL
OBLIGATIONS" (I.E. INDIVIDUALS OR STATES COULD TAKE LEGAL
MEASURES AGAINST DEVELOPED COUNTRIES WHEN THEIR NATIONAL
GOVERNMENTS FAIL TO PROVIDE ADEQUATE FOOD). SPEAKING IN
SUPPORT OF NATIONAL AND INTERNATIONAL JUSTICIABILITY WERE
THE UN SPECIAL RAPPORTEUR ON THE RIGHT TO FOOD, THE
UNCLASSIFIED

PAGE 03 ROME 01380 02 OF 03 011149Z
OFFICE OF THE UN HIGH COMMISSIONER FOR HUMAN RIGHTS AND
SWITZERLAND AND NORWAY (WHO MADE JOINT STATEMENTS). OTHER
COUNTRIES AND REGIONS WHICH SPOKE IN SUPPORT OF
JUSTICIABILITY WERE ZIMBABWE (SPEAKING FOR THE AFRICAN
REGION),UGANDA AND SOUTH AFRICA (RTF IS INCLUDED IN
THEIR CONSTITUTIONS),MALI, BANGLADESH AND DOMINICAN
REPUBLIC (WHO PROPOSED THAT THE VOLUNTARY GUIDELINES LEAD
TO A BINDING CODE OF CONDUCT). WHEN THE DOMINICAN
REPUBLIC DELEGATE SPOKE ON BEHALF OF GRULAC, HE WAS MORE
MODERATE AND SAID THAT GOVERNMENTS NEEDED GUIDANCE FROM
THEIR CAPITALS.


9. THE G-77 ALSO STRONGLY SUPPORTED THE NEED TO INCLUDE
AN INTERNATIONAL DIMENSION AND INCLUDE INTERNATIONAL
RESPONSIBILITIES.


10. CANADA AND RUSSIA STATED THAT THE VOLUNTARY
GUIDELINES SHOULD NOT ADDRESS INTERNATIONAL OBLIGATIONS
OR JUSTICIABILITY. THE EU WRITTEN SUBMISSION STATED THAT
THE GUIDELINES SHOULD NOT ADDRESS INTERNATIONAL
OBLIGATIONS AND WAS SILENT ON THE ISSUE OF
JUSTICIABILITY. BRAZIL STATED THAT THE IGWG NEEDED TO
RECOGNIZE THAT COUNTRIES HAD DIFFERENT LAWS AND DIFFERENT
RESOURCE BASES AND ARGUED THAT THE IGWG COULD NOT IMPOSE
ANY OBLIGATIONS ON COUNTRIES BUT MUST RESPECT NATIONAL
SOVEREIGNTY.


11. COMMENT: IT WAS CLEAR FROM INFORMAL DISCUSSIONS WITH
DELEGATES THAT THE NOTION OF "JUSTICIABILITY" WAS POORLY
UNDERSTOOD. FOR MOST DEVELOPING COUNTRIES,
JUSTICIABILITY IMPLIED INTERNATIONAL OBLIGATIONS AND NOT
UNCLASSIFIED

PAGE 04 ROME 01380 02 OF 03 011149Z
NATIONAL OBLIGATIONS. COUNTRIES PARTY TO THE COVENANCT
ON ECONOMIC, SOCIAL AND CULTURAL (ESC) RIGHTS WERE NOT
CLEAR WHAT THE RELATIONSHIP OF THE VOLUNTARY GUIDELINES
WOULD BE TO THEIR LEGALLY BINDING OBLIGATIONS UNDER THE
COVENANT. WHILE COMMENT 12 OF THE COMMITTEE ON ESC
RIGHTS WAS WIDELY SUPPORTED AS A BASIS FOR THE VOLUNTARY
GUIDELINES, THE FACT THAT COMMENT 12 INCLUDES
JUSTICIABILITY WAS ALSO NOT RECOGNIZED. MANY NGO'S
ARGUED FOR A LEGALLY BINDING RIGHT TO REINFORCE A GENERAL
HUMAN RIGHTS BASED APPROACH TO DEVELOPMENT, WHICH
EMPHASIZES THAT INDIVIDUALS HAVE RIGHTS AND GOVERNMENTS
HAVE OBLIGATIONS TO THEIR CITIZENS. END COMMENT.


12. OTHER ISSUES THAT RECEIVED ATTENTION WERE: WHETHER
THE RTF INCLUDES THE RIGHT TO SAFE DRINKING WATER AND
WHETHER THE RTF TAKES PRIORITY OVER OTHER INTERNATIONAL
OBLIGATIONS.


13. AT THE REQUEST OF MEMBERS THE SECRETARIAT PREPARED A
DRAFT WORKING DOCUMENT HIGHLIGHTING THE MAIN AREAS OF
CONVERGENCE AND DIVERGENCE. THE GROUP DISCUSSED THE
DRAFT WORKING DOCUMENT AND PRESENTED COMMENTS AND

UNCLASSIFIED

UNCLASSIFIED PTQ1704

PAGE 01 ROME 01380 03 OF 03 011149Z
ACTION IO-00

INFO LOG-00 AID-00 AMAD-00 CIAE-00 COME-00 INL-00 WHA-00
SRPP-00 EB-00 EUR-00 UTED-00 FDRE-01 TEDE-00 INR-00
NSAE-00 OES-00 OIC-02 PER-00 IRM-00 SS-00 TEST-00
TRSE-00 ECA-00 SAS-00 /003W
-------------- 4E3DF7 011150Z /38
R 011148Z APR 03
FM AMEMBASSY ROME
TO SECSTATE WASHDC 9054
USDA FAS WASHDC 2605
INFO USMISSION GENEVA
USMISSION USUN NEW YORK
AMEMBASSY MEXICO

UNCLAS SECTION 03 OF 03 ROME 001380

SIPDIS

FROM FODAG

MEXICO CITY FOR BRAKEL
STATE FOR IO/EDA KOTOK
USAID FOR RALPH CUMMINGS

E.O. 12958: N/A
TAGS: AORC KUNR KUNR KUNR FAO AORC FAO AORC FAO
SUBJECT: FAO RIGHT TO FOOD WORKING GROUP: REPORT OF FIRST
SESSION

CORRECTIONS TO THE SECRETARIAT EFFORT. THE U.S.
UNCLASSIFIED

PAGE 02 ROME 01380 03 OF 03 011149Z
CRITICIZED THE DRAFT WORKING DOCUMENT AND REQUESTED THAT
COMMENTS BE TAKEN INTO CONSIDERATION IN THE NEXT DRAFT.
U.S. CORRECTIONS INCLUDED THE FOLLOWING:

-- THE DRAFT WORKING DOCUMENT REFERRED TO "EXISTING LEGAL
OBLIGATIONS REGARDING THE RIGHT TO ADEQUATE FOOD." THERE
ARE NO SUCH EXISTING LEGAL OBLIGATIONS.
-- THE U.S. COULD NOT SUPPORT USING GENERAL COMMENT 12 OF
THE COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS
AN AUTHORITATIVE INTERPRETATION OF THE RIGHT TO ADEQUATE
FOOD.

THE DRAFT WORKING DOCUMENT DID NOTE THAT THERE WAS NO
CONVERGENCE ON THE QUESTION OF JUSTICIABILITY AND THE
INTERNATIONAL DIMENSION.


14. THE IGWG APPROVED A SHORT REPORT OF THE MEETING
WHICH THE BUREAU (ACTING AS AN AD-HOC DRAFTING COMMITTEE)
HAD WORKED ON AND AGREED TO BEFORE PRESENTATION TO THE
PLENARY.

FUTURE ORGANIZATION OF WORK
--------------

15. THE IGWG AGREED THAT MEMBERS AND STAKEHOLDERS COULD
CONTINUE TO SEND SUBMISSIONS UNTIL APRIL 7, AFTER WHICH
THE SECRETARIAT WOULD FINALIZE A SYNTHESIS REPORT OF
SUBMISSIONS. THE FINALIZED SYNTHESIS REPORT WILL BE
APPROVED BY THE BUREAU AND SENT TO THE FAO COMMITTEE ON
FOOD SECURITY IN MAY 2003 ALONG WITH THE IGWG REPORT.


16. THE BUREAU WILL PREPARE A FIRST DRAFT OF THE
UNCLASSIFIED

PAGE 03 ROME 01380 03 OF 03 011149Z
VOLUNTARY GUIDELINES (USING THE REVISED "WORKING
DOCUMENT" FOR INSPIRATION) IN DUE TIME FOR SUBMISSION TO
THE SECOND SESSION OF THE IGWG (TENTATIVELY SCHEDULED FOR
THE LAST WEEK OF SEPTEMBER 2003). THE THIRD SESSION WILL
LIKELY OCCUR IN MARCH 2004. IT IS ANTICIPATED THAT THE
IGWG WILL COMPLETE ITS WORK BY SEPTEMBER 2004.


17. IT WAS DECIDED THAT THE BUREAU WOULD REVIEW
PROPOSALS FOR INTERSESSIONAL ACTIVITIES, SUBJECT TO THE
AVAILABILITY OF RESOURCES, AS WELL AS WORK CLOSELY WITH
THE SECRETARIAT ON ITS PROPOSED PROGRAM OF WORK. THE
U.S. INTERVENTION SUGGESTED LOOKING AT BEST PRACTICES AND
PRACTICAL STEPS TO PROMOTE FOOD SECURITY IN SPECIFIC
COUNTRIES AND IN GENERAL DEEPEN UNDERSTANDING OF IDEAS
WHERE THERE WAS BROAD CONVERGENCE. OTHER MEMBERS SAW THE
INTERSESSIONAL ACTIVITIES AS AN OPPORTUNITY TO DELVE INTO
ISSUES OF DIVERGENCE SUCH AS JUSTICIABILITY AND THE
INTERNATIONAL DIMENSION. USDEL ARGUED THAT ROME DELEGATES
WERE NOT HUMAN RIGHTS EXPERTS, AND WERE NOT EXPECTED TO
ACT AS SUCH: THE RESPONSIBILITY HAD BEEN GIVEN TO ROME
BECAUSE OF EXPERTISE IN FOOD AND AGRICULTURE AND WE
SHOULD FOCUS ON OUR AREA OF COMPETENCE.

COMMENT
--------------

18. WHILE THE U.S. IS ALONE IN NOT SUPPORTING A "RIGHT
TO FOOD" WE FEEL THAT WE ARE SUPPORTED BY MANY OECD
COUNTRIES IN SEEKING A PRACTICAL AND USEFUL OUTCOME WHICH
IS FOCUSED ON NATIONAL FOOD SECURITY RATHER THAN ON
JUSTICIABLE, INTERNATIONALLY BINDING OBLIGATIONS. THE
U.S. IS ALSO WELL POSITIONED IN THAT THE TOR PROVIDE THE
UNCLASSIFIED

PAGE 04 ROME 01380 03 OF 03 011149Z
BUREAU WITH BROAD DRAFTING POWERS AND OVERSIGHT OVER
SECRETARIAT ACTIVITIES INTERSESSIONALLY. THE CHALLENGE

SIPDIS
WILL BE TO KEEP OTHER ROME DELEGATES FOCUSED ON "NATIONAL
FOOD SECURITY" AND ACHIEVE AN OUTCOME THAT IS (AT LEAST)
AS GOOD AS THE WORLD FOOD SUMMIT PLAN OF ACTION. HALL

UNCLASSIFIED

>
2003ROME01380 - Classification: UNCLASSIFIED