Identifier
Created
Classification
Origin
03ROME4443
2003-09-29 06:59:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Rome
Cable title:  

RIGHT TO FOOD: BUREAU MEETING TO PREPARE

Tags:  AORC EAGR PHUM EAID FAO 
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UNCLAS SECTION 01 OF 03 ROME 004443 

SIPDIS


STATE FOR L/HRR, IO/EDA, EB/TPP/ATP
USAID FOR CUMMINGS
USDA/FAS FOR REICH AND HUGHES

SENSITIVE

FROM FODAG

E.O. 12958: N/A
TAGS: AORC EAGR PHUM EAID FAO
SUBJECT: RIGHT TO FOOD: BUREAU MEETING TO PREPARE
INFORMAL TEXT OF VOLUNTARY GUIDELINES, 15-19 SEP 2003

REFS: (A) ROME 3404, (B) ROME 1380,

(C) ROME 1890, (D) ROME 4177

CONTAINS SENSITIVE BUT UNCLASSIFIED SECTIONS THAT ARE
INTENDED STRICTLY FOR INTERNAL USG USE.

UNCLAS SECTION 01 OF 03 ROME 004443

SIPDIS


STATE FOR L/HRR, IO/EDA, EB/TPP/ATP
USAID FOR CUMMINGS
USDA/FAS FOR REICH AND HUGHES

SENSITIVE

FROM FODAG

E.O. 12958: N/A
TAGS: AORC EAGR PHUM EAID FAO
SUBJECT: RIGHT TO FOOD: BUREAU MEETING TO PREPARE
INFORMAL TEXT OF VOLUNTARY GUIDELINES, 15-19 SEP 2003

REFS: (A) ROME 3404, (B) ROME 1380,

(C) ROME 1890, (D) ROME 4177

CONTAINS SENSITIVE BUT UNCLASSIFIED SECTIONS THAT ARE
INTENDED STRICTLY FOR INTERNAL USG USE.


1. (U) SUMMARY: ON SEPTEMBER 15-19, THE UNITED STATES
PARTICIPATED AS THE NORTH AMERICAN MEMBER OF THE BUREAU
OF THE INTERGOVERNMENTAL WORKING GROUP (IGWG) FOR THE
ELABORATION OF VOLUNTARY GUIDELINES TO SUPPORT THE
PROGRESSIVE REALIZATION OF THE RIGHT TO ADEQUATE FOOD IN
THE CONTEXT OF NATIONAL FOOD SECURITY. AT THIS SESSION,
THE BUREAU COMPLETED ITS WORK ON THE OPENING TEXT FOR THE
VOLUNTARY GUIDELINES. DESPITE THE U.S. OFTEN BEING THE
ONLY BUREAU MEMBER ADVOCATING IMPORTANT CHANGES IN THE
WORKING INFORMAL TEXT, THE DISCUSSIONS LED TO THE
DRAMATIC IMPROVEMENT OF THAT TEXT. END SUMMARY.

--------------
BACKGROUND
--------------


2. (U) OPERATIVE PARAGRAPH 10 OF THE 2002 DECLARATION
OF THE WORLD FOOD SUMMIT FIVE YEARS LATER INVITED THE FAO
TO ESTABLISH AN INTERGOVERNMENTAL WORKING GROUP "TO
ELABORATE, IN A PERIOD OF TWO YEARS, A SET OF VOLUNTARY
GUIDELINES TO SUPPORT MEMBER STATES' EFFORTS TO ACHIEVE
THE PROGRESSIVE REALIZATION OF THE RIGHT TO ADEQUATE FOOD
IN THE CONTEXT OF NATIONAL FOOD SECURITY...."


3. (U) IN THE MONTHS FOLLOWING LAST MARCH'S
INTRODUCTORY MEETING OF THE IWG, THE BUREAU, WITH SUPPORT
FROM THE FAO SECRETARIAT, HAS BEEN WORKING ON THE OPENING
DRAFT GUIDELINES. DEALING WITH AN INITIAL FAO
SECRETARIAT DRAFT THAT WAS DEEPLY PROBLEMATIC, BUREAU

SIPDIS
MEETINGS IN JULY (REF A) RECOMMENDED SUBSTANTIAL
IMPROVEMENTS TO THAT TEXT. AFTER THAT SESSION, THE
SECRETARIAT PREPARED A SECOND DRAFT, WHICH THE

SIPDIS
DEPARTMENT, IN CONSULTATION WITH CONCERNED AGENCIES,
REVIEWED PRIOR TO THE BUREAU MEETING.

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


4. (U) AMBASSADOR SAEID NOORI-NAEINI (IRAN) CHAIRED THE
MEETINGS. AMBASSADOR CHRISTIAN MONNOYER (BELGIUM),
AMBASSADOR GURGEL DE ALENCAR (BRAZIL),MR. HAMADOUN CISSE
(MALI),MR. NOEL D. DE LUNA (PHILIPPINES),MS. TIFFANY

BABINGTON (NEW ZEALAND) (REPLACING PETER BENNET),AND
L/HRR ASSISTANT LEGAL ADVISER ROBERT HARRIS (REPLACING
LUCY TAMLYN) PARTICIPATED IN THE DISCUSSIONS. US MISSION
OFFICER WILLEM BRAKEL PARTICIPATED IN THE SESSIONS AS AN
OBSERVER.

--------------
WORK ON THE OPENING TEXT
--------------


5. (U) PRIOR TO THE SESSION, THE DEPARTMENT IDENTIFIED
A NUMBER OF PROBLEMS WITH THE SECRETARIAT'S SECOND DRAFT
TEXT, AND CAME WITH DETAILED AND EXTENSIVE PROPOSALS,
INTER ALIA: (1) TO DELETE OR CORRECT PROBLEMATIC LANGUAGE
THAT WOULD MISCHARACTERIZE THE NATURE OF A FOOD-RELATED
RIGHTS UNDER INTERNATIONAL LAW OR IMPLY U.S. ACCEPTANCE
OF INTERNATIONAL OBLIGATIONS THAT IT DOES NOT ACCEPT; (2)
RESIST LANGUAGE, IN THE INTERNATIONAL ARENA, INCONSISTENT
WITH U.S. POLICY IN THE AREA OF THE PROVISION OF
INTERNATIONAL FOOD AID, EMBARGOES, AND OTHER ECONOMIC
POLICIES; (3) ADD LANGUAGE TO BETTER REFLECT
INTERNATIONALLY-AGREED UPON FOOD SECURITY APPROACHES AND
THE SORTS OF DOMESTIC MEASURES FOR SUSTAINABLE
DEVELOPMENT AND FOOD SECURITY SET OUT, INTER ALIA, IN THE
MONTERREY CONSENSUS; AND (4) OTHERWISE KEEP THE
NEGOTIATIONS FOCUSED ON THE LIMITATIONS OF ITS MANDATE
BY, INTER ALIA, DELETING LANGUAGE THAT WAS NOT VOLUNTARY,
WOULD PURPORT TO APPLY TO INTERNATIONAL ARMED CONFLICT,
OR WHICH ATTEMPTED TO INSTRUCT INTERNATIONAL
ORGANIZATIONS (INCLUDING THE WORLD BANK) ON HOW THEY
SHOULD CONDUCT THEIR OPERATIONS.


6. (SBU) BUREAU SESSIONS WERE CORDIAL AND PRODUCTIVE.
GIVEN THE EXTENSIVE CHANGES THE U.S. REPRESENTED NEEDED
TO MAKE TO THE DRAFT, THE DISCUSSIONS TOOK ON THE FLAVOR

ROME 00004443 002 OF 003

AS BALANCED AND FAIR IN HIS HANDLING OF ISSUES. AS A GENERAL MATTER, THE TASK OF
THE U.S. BUREAU MEMBER WAS MADE MORE DIFFICULT BECAUSE
OTHER POTENTIALLY LIKE-MINDED BUREAU MEMBERS DID NOT
SPEAK UP. THE BELGIAN REPRESENTATIVE DID NOT FEEL HE HAD
CLEAR INSTRUCTIONS FROM EU GOVERNMENTS AND DID NOT SPEAK
ON MANY ISSUES. THE NEW ZEALAND REPRESENTATIVE WAS NEW
TO THE ISSUE, DID NOT HAVE INSTRUCTIONS FROM WELLINGTON,
AND HAD TO MISS ABOUT HALF OF THE SESSIONS DUE TO OTHER
COMMITMENTS. ON MOST RIGHTS-RELATED ISSUES, APART FROM
OCCASIONAL SYMPATHETIC UTTERANCES FROM NEW ZEALAND, THE
UNITED STATES WAS ALONE IN ADVANCING ITS POSITION. AS
REPORTED IN REF C, THE REPRESENTATIVES FROM THE LEGAL
OFFICE IN THE FAO SECRETARIAT PARTICIPATED SUBSTANTIVELY
IN THE DISCUSSIONS, OFTEN WITHOUT HAVING BEEN ASKED TO DO
SO BY THE CHAIR, AND DEFENDED PROBLEMATIC LANGUAGE WITH
GREATER FORCE THAN DID THE ADVOCATES OF SUCH LANGUAGE WHO
WERE ON THE BUREAU.

--------------
OUTCOMES
--------------


7. (U) THE TEXT THAT EMERGED AT THE END OF THE WEEK
REPRESENTS A DRAMATIC IMPROVEMENT FROM THE SECRETARIAT
DRAFT.


8. (SBU) LEGAL ISSUES. THESE PRESENTED THE MOST
DIFFICULT PROBLEMS IN THE TEXT AND WERE ISSUES IN WHICH
THE U.S. REPRESENTATIVE FOUND THE STRONGEST RESISTANCE
FROM OTHER BUREAU MEMBERS, INCLUDING EUROPE. ONE MAJOR,
ALBEIT NOT SURPRISING, DISAPPOINTMENT WAS THE RETENTION
OF SEVERAL REFERENCES IN THE TEXT TO THE UNDERLYING
MANDATE OF THE NEGOTIATION SET OUT AT THE WORLD FOOD
SUMMIT FIVE YEARS LATER, NAMELY THE REFERENCE TO A "THE
PROGRESSIVE REALIZATION OF THE RIGHT TO ADEQUATE FOOD."
AS PREDICTED, THE CHAIR AND ALL OTHER BUREAU MEMBERS
REJECTED ENERGETIC AND CREATIVE U.S. EFFORTS TO DELETE
ALL REFERENCES IN THE TEXT TO THIS FORMULATION OF THE
RIGHT, ARGUING THAT THE MANDATE OF THIS GROUP'S WORK HAD
ALREADY BEEN ESTABLISHED BY THE WORLD FOOD SUMMIT FIVE
YEARS LATER AND THAT THE BUREAU DID NOT HAVE THE POWER TO
REVISIT THAT DECISION. THIS MISSION WAS FURTHER
COMPLICATED BY THE FACT THAT THE SECRETARIAT DRAFT USED
THAT FORMULATION, OR EVEN WORSE CHARACTERIZATIONS OF IT,
IN OVER THIRTY PLACES. WITH GREAT EFFORT, THE U.S.
MEMBER WAS ABLE TO FIND DIFFERENT AND ACCEPTABLE WORDING
FORMULATIONS IN ALL BUT A HANDFUL OF PLACES IN THE TEXT.
OTHER LEGAL PROBLEMS IN THE TEXT WERE DRAMATICALLY
IMPROVED. LANGUAGE SUGGESTING THAT STATES WERE OBLIGED
TO HAVE A LEGALLY JUSTICIABLE RIGHT TO FOOD UNDER
INTERNATIONAL LAW OR THAT THEY SHOULD DO SO AS A MATTER
OF DOMESTIC LAW WERE DELETED, AS WAS LANGUAGE WHICH
CONFER A SPECIAL STATUS TO PROBLEMATIC GENERAL COMMENT 12
OF THE COMMITTEE ON ECONOMIC SOCIAL AND CULTURAL RIGHTS.
LANGUAGE SUGGESTING THAT A "RIGHT TO FOOD" IMPOSED DUTIES
ON STATES IN THE CONDUCT OF THEIR INTERNATIONAL AFFAIRS
WAS ALSO DELETED.



9. (U) OTHER ISSUES. THE TEXT WAS ALSO SUBSTANTIALLY
IMPROVED IN THE FOLLOWING OTHER RESPECTS: (1) U.S.
PROPOSALS TO ADD PARAGRAPHS EMPHASIZING ACTIONS TO
ACHIEVE NATIONAL FOOD SECURITY WERE INCORPORATED INTO THE
TEXT; (2) REFERENCES TO THE NEED FOR DOMESTIC GOOD
GOVERNANCE AND OTHER ELEMENTS SET OUT IN THE MONTERREY
CONSENSUS WERE ADDED, MAKING IT A MUCH MORE BALANCED
DOCUMENT; (3) U.S. PROPOSALS HIGHLIGHTING THE SPECIAL
NEEDS OF WOMEN WERE ADDED; (4) GUIDELINES DEALING WITH
"ARMED CONFLICTS" AND HUMANITARIAN LAW WERE DELETED AS
BEING BEYOND THE MANDATE OF THE VOLUNTARY GUIDELINES; (5)
OVERBROAD LANGUAGE ON SUCH ISSUES AS GENETIC RESOURCES
FOR FOOD AND AGRICULTURE AND INTERNATIONAL WATER RIGHTS
WERE ALSO CORRECTED; AND (6) A SERIES OF PROBLEMATIC
PARAGRAPHS ON INTERNATIONAL ACTIONS (E.G., GUIDELINES ON
CROSS-CUTTING ISSUES IN INTERNATIONAL ECONOMIC AND
FOREIGN POLICY) WERE DELETED. U.S. PARTICIPANTS
APPRECIATED QUICK AND USEFUL GUIDANCE PROVIDED ON VERY
SHORT NOTICE BY EB/IFD/ODF DEPUTY DIRECTOR BILL CRANE.

--------------
NEXT STEPS
--------------

ROME 00004443 003 OF 003

NG CORRECTIONS TO THE
FINAL DRAFT OF THE OPENING TEXT, WHICH THE FAO IS
EXPECTED TO CIRCULATE IN THE WEEK OF OCTOBER 1. MISSION
UNDERSTANDS THAT THE DEPARTMENT WILL THEN BE CONTACTING
CONCERNED USG AGENCIES WITH RESPECT TO THE UPCOMING
OCTOBER 27-29 IGWG MEETING AT THE FAO (REF D).

CLEVERLEY

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2003ROME04443 - Classification: UNCLASSIFIED