USUNESCO: MEETING WITH UK LAWYER ON CULTURAL

UNCLAS SECTION 01 OF 02 PARIS 006375

SIPDIS

FROM USMISSION UNESCO PARIS

SENSITIVE

STATE PASS USTR BLISS, BALASSA

E.O. 12958: N/A
TAGS: SCUL ETRD EU UNESCO
SUBJECT: USUNESCO: MEETING WITH UK LAWYER ON CULTURAL
DIVERSITY CONVENTION; CANADA TRIES TO HURRY THE PROCESS


1. (SBU) Summary. USTR and Department lawyers met Monday
with British and Japanese lawyers at UNESCO to discuss the
preliminary draft convention on cultural diversity. The UK
indicated that they do not share our concerns and are
prepared to bring the convention to a vote over US
opposition. The Japanese indicated that they share our
concerns about deep legal flaws in the convention but may be
willing to let it go forward with band aid fixes. Meanwhile
Canada is actively seeking support among executive board
members for a draft resolution that will recommend that the
general conference consider the convention a draft
convention rather than a preliminary draft. End summary.

Meeting with UK Lawyer
--------------


2. (SBU) USTR associate general counsel Stanford McCoy and
USMission Geneva lawyer Mike Peay met September 19 with
Nicola Piccan a UK "cultural" lawyer. (She did not come
with name cards.) UK Ambassador Tim Craddock led off by
explaining that this meeting was motivated by the UK's
concern over the bad impact that adoption of the convention
could have on the US position in UNESCO. He noted in that
regard rumors circulating in Paris that the US would pull
out of UNESCO if the convention were adopted.


3. (SBU) The UK lawyer explained that they do not share US
concerns about the convention. According to Piccan the
convention gives states wide discretion to adopt certain
cultural measures, but does not mandate any particular
actions that would be inconsistent with WTO or other
agreements. In this context, the UK takes comfort from
Article 20 of the convention, governing the relationship to
other instruments, paragraph 2 of which the UK views as
expressly recognizing other agreements.


4. (SBU) In response to US concerns, the UK del noted that
the definitions in the convention, though broadly expressed,
could not usefully be narrowed. UK had decided that it
could live with the definitions, particularly since they
would be read in the context of other existing international
agreements.


5. (SBU) Regarding paragraph 1 of Article 20, UK felt that
it expressed a desire to seek interpretations of the various
obligations that do not clash with other international
agreements. UK del said the convention was not intended to,
nor in its view did it conflict with trade agreements. US
del asked why US proposals to clarify this were not
accepted. The UK responded that they that article 20, para.
2 made this sufficiently clear.


6. (SBU) When asked about statements by French officials
that France intends to use the convention to undermine WTO
obligations, UK Ambassador Tim Craddock said that French
motives are primarily limited to promoting French culture,
especially within the Francophonie. He indicated that trade
and Doha were not central to French considerations.

JAPAN
--------------


7. (SBU) In an earlier meeting with Yasushi Masaki, Director
of the Economic and Social Treaties Division of the Foreign
Ministry, Masaki stated that Japan had difficulties in
accepting the convention in its current form. He emphasized
the need for effective crisis management to reduce the harm
done by the convention.


8. (SBU) Japan, like the United States, is concerned about a
"basket" of issues with the convention. When asked to
elaborate they identified Articles 6 and 20 (the Articles on
which Japan made reservations) as the key problem areas on
which Japan would concentrate its efforts. They expressed
concern to a lesser degree about vague definitions. In
response to questions from US del, they said they have many
other issues with the convention that they would like to see
addressed if the text were reopened, but for the time being
they had decided to focus on their concerns regarding
Articles 6 and 20.


9. (SBU) Japan understands U.S. unhappiness with the current
text and does not believe the United States will ratify the
convention in its current form. Japan will support the U.S.
"as much as possible" in seeking to continue the discussion.
The dynamic in UNESCO has been to impose a draft text.
Japan does not understand the rush, and thinks it is
important to have a fair and complete discussion of their
and our concerns about the text. In addition, the
unwillingness of supporters of the convention to have a
dialogue with the WTO over obvious trade issues caused Japan
to question the supporters' motives.


10. (SBU) Japan also questioned whether there was true
consensus on the current draft within the EC, and whether
all EC members would actually ratify the convention. Japan
speculated that the real intentions behind the convention
were political.

"Pearls on a Pig"
--------------


11. )SBU) Japan raised two possible ways of diminishing the
negative effect of the convention if, despite all our joint
efforts, it moves to final adoption. The first was the
possibility of a joint interpretive declaration by a number
of countries stating that the convention is not intended to
restrict trade but rather to promote cultural diversity
within the UNESCO context. The second was a review process
through which the convention's flaws could be revisited.


12. (SBU) US del jested that this brought to mind an old
American adage about putting lipstick on a pig.
Acknowledging that this approach was not ideal, Japan noted
that the Japanese expression is "putting pearls on a pig."


13. (SBU) US del noted possible problems with Japan's
suggested approach, such as the difficulty of obtaining wide
enough agreement on a statement for it to have weight under
customary international law of treaty interpretation.
Nonetheless, US del said it would report back Japan's
constructive thoughts on possible solutions.


14. ()SBU) This discussion suggested that Japan might be
actively looking for a way out for itself and the Japanese
DG through "solutions" that seek to minimize damage from the
convention, but do not address its basic flaws. When US del
urged Japan not to be "fatalistic," Japan agreed that it
would be "better" to delay adoption, but this view was
"heresy" and not likely to carry the day given the character
of discussions in UNESCO.

Canada launches a preemptive strike


15. (SBU) Meanwhile, Canada has been circulating a draft
resolution to executive board members that contains operant
language that the executive board, "Recommends that the
general conference at its 33rd session consider the said
preliminary draft as a draft convention and adopt it as a
UNESCO convention." We know that Ukraine, Tanzania and
Senegal have already signed (as well as the 8 EU members on
the board) and we expect that many other executive board
members have also co-signed. (Note the board has


16. (SBU) Comment. The UK's concern about a possible US
pull-out from UNESCO does not seem to extend to allowing the
convention to be reopened to get it right. Continued
pressure needs to applied on London to get the UK to back
away from its absolutist position. When the US left UNESCO
in 1984 the British left shortly after to protest the "new
world information order." The cultural diversity convention
is the new world information order all over again.


17. (SBU) Comment continued. We are also concerned that
Japan will not stick with the US and will seek to give the
director general a face saving way out.


18. (SBU) Comment continued. The Canadian draft resolution
may indicate a concern that the June convention draft does
not meet the general conference rule that conventions must
be finished seven months before the general conference.
While a different draft was finished in March, it could be
argued that the June version does not meet the deadline.
Pressure will need to be applied in capitals of executive
board members to get their delegation to either not co-
sponsor or remove their sponsorship.

Oliver