UNESCO: DIRECTOR GENERAL PROMISES TO SPEAK OUT

C O N F I D E N T I A L SECTION 01 OF 02 PARIS 007769

SIPDIS

FROM USMISSION UNESCO PARIS

E.O. 12958: DECL: 11/15/15
TAGS: SCUL ETRD CJAN FR UNESCO
SUBJECT: UNESCO: DIRECTOR GENERAL PROMISES TO SPEAK OUT
PUBLICLY IF CULTURAL DIVERSITY CONVENTION IS MISUSED IN
TRADE OR HUMAN RIGHTS MATTERS; CITES ISRAELI GAINS IN UNESCO


Classified by USUNESCO Charge Andrew Koss, for reasons 1.4
(b) and (d).

1. (C) Summary. During a October 25 office call,
UNESCO Director General Koichoro Matsuura promised
Assistant Secretary of State for International
Organizations Kristen Silverberg that he would speak
out publicly if any UNESCO Member State misused the
Convention on the Protection and Promotion of the
Diversity of Cultural Expressions ("Cultural Diversity
Convention"). He emphasized his determination to guard
against use of the Convention to justify interference
with the free flow of information or other human
rights. Singling out France by name, he also promised
to speak out publicly if a State invoked the Cultural
Diversity Convention to defend agricultural
protectionism.
Matsuura pointed with pride to Israel's successful
integration into UNESCO, noting Israel's victory in the
hotly contested World Heritage Convention elections.
He also thanked Ambassador Oliver for her work in
helping to work out the terms of consensus resolutions
concerning the historic sites within the Old City of
Jerusalem.
End summary.
Cultural Diversity Convention: Matsuura promises to
speak out against misuse; sees no Human Rights issues
-------------- --------------

2. (C) At several points in the conversation, Director
General Matsuura stated unequivocally that he sees it
as his "duty" to see that Cultural Diversity Convention
is implemented in a "correct" manner.

3. (C) The Cultural Diversity Convention protects human
rights and press freedom, Matsuura stressed. He quoted
from Article 2 (1) of the Cultural Diversity Convention
("No one may invoke the provisions of this Convention
in order to infringe human rights and fundamental
freedoms as enshrined in the Universal Declaration of
Human Rights.") to buttress his conviction that the
Convention would not be used to violate human rights.
Matsuura stated several times that he would speak out
strongly and publicly if any country sought to misuse
the Convention to justify practices that did not
comport with human rights standards.

4. (C) A/S Silverberg pointed to the tension between
protection of minority rights and establishment of
cultural policies by a central government. Matsuura
responded the Principles of the Cultural Diversity
Convention provide for the protection of minority
cultures. (Comment. Matsuura, like many participants
in the UNESCO cultural diversity debate, appeared
genuinely not to apprehend the point that a central
government controlled by a majority of one ethnic group
often cannot be relied on to protect minority rights of
other groups. End comment.)
Matsuura says Convention has no legal effect on Doha,
but concedes possible political repercussions
-------------- --------------

5. (C) Matsuura, a former law professor and a key
member of the Japanese negotiating team in the Uruguay
Round, emphasized that, as a matter of law, the
Cultural Diversity Convention did not affect the Doha
Round. He noted that the EC had not made an offer in
cultural services in the run-up to Doha and that the EC
had imposed audiovisual quotas a long time ago.
Nothing about the Convention would change these items.
He mentioned that his own country, Japan, had made a
conservative agriculture offer, but expressed virtual
certainty that Japan would not try to invoke the
Cultural Diversity Convention to justify its offer.

6. (C) Matsuura handed an EC Communiqu to A/S
Silverberg concerning the Cultural Diversity
Convention. He quoted from the language asserting that
the Convention will not affect present obligations
under trade law and other international obligations.
A/S Silverberg noted that the EC Communiqu also said
that parties to the Convention would take the
Convention into account when in future negotiations.
Matsuura conceded that the language concerning the
relationship of the Cultural Diversity Convention to
other international legal instruments was a "little
contradictory."

7. (C) Matsuura also acknowledged that the political
import of the Convention was not limited by a strict
legal analysis. He conceded that one "cannot argue
categorically that there will be no impact on the Doha
Round" from the Convention.

8. (C) A/S Silverberg pointed out that the language of
trade was precise, while the phrase "cultural goods and
services" was ambiguous and some might try to include
agricultural products within its ambit.

9. (C) Matsuura assured A/S Silverberg that the
Cultural Diversity Convention did not cover wine and
food. Responding to A/S Silverberg's question about
what Matsuura would do to prevent misuse of the
Convention to protect agriculture, Matsuura undertook
to speak out publicly if France or others attempted to
use the Convention to engage in agricultural
protectionism. He gave his view that the central
problem in the current Doha round negotiations is that
the EC agricultural offer is "not enough" and that the
"problem lies with France."
Matsuura Cites Israeli Gains in UNESCO
--------------

10. (C) Matsuura highlighted that Israel, like the
United States, had been elected October 11 in a
competitive race to fill seats on the prestigious World
Heritage Committee, the 21-nation Committee that sets
policy for the implementation of the 1973 World
Heritage Convention, which includes passing on
applications for inclusion on the prestigious World
Heritage Sites. (Note. Israel was also selected by
Group One (Canada, United States, Western Europe) to be
a Group One representative on three subsidiary bodies
in UNESCO - the International Coordinating Council of
the Programme on Man and the Biosphere (MAB),the
Intergovernmental Council of the International
Programme for the development of Communication (IPDC)
and the Intergovernmental Council of the Management of
Social Transformations Programme (MOST) End note).
Matsuura also noted that he had received the Israeli
Minister of Higher Education and the Israeli Minister
of Education during the October 3-21 General
Conference. (Note. An Israeli national received
November 14 the USD 10,000 grand prize in an annual
design contest, launched in 1995 by UNESCO and the
Felissimo Group (Japan),which encourages young amateur
designers between 18 and 35 years of age to submit
projects linked to daily life. Six other competitors
received prizes ranging from USD 3,000 to USD 5,000.
End note.)

11. (C) Matsuura praised Ambassador Oliver's invaluable
assistance during the long hours of negotiation that
lead to success in holding together UNESCO consensus
resolutions on two contentious matters concerning sites
in the Old City of Jerusalem. (Note. See
http://unesdoc.unesco.org/ulis/cgi-
bin/ulis.pl?database=gctd&req=2&by=2&ord=1&sc 1=1&look=c
fg33&lin=1&dc=33+C%2F13&submit=%A0GO%A0 and
http://unesdoc.unesco.org/images/0014/001406/ 140609e.pd
f for the text of the resolutions and the underlying
reports. End note.)

12. (C) Comment. Matsuura's commitment to take a
public stance against misuse of the Cultural Diversity
Convention to justify agricultural protectionism is
most welcome, especially in the run-up to the Doha
Round.

13. (C) Comment Continued. There has been enormous
progress over the last two years in integrating Israel
into UNESCO's work and programs. A feeling of
tentativeness, however, remains. Now might not be the
time to talk about Israeli UNESCO successes widely.
Koss