Identifier
Created
Classification
Origin
05WELLINGTON397
2005-05-19 03:31:00
UNCLASSIFIED
Embassy Wellington
Cable title:  

NEW ZEALAND RESPONSE ON NEGOTIATIONS AT UNESCO

Tags:  ETRD SCUL NZ UNESCO 
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UNCLAS WELLINGTON 000397 

SIPDIS

STATE FOR IO/T - JCOWLEY AND EAP/ANP - TRAMSEY

E.O. 12958 N/A
TAGS: ETRD SCUL NZ UNESCO
SUBJECT: NEW ZEALAND RESPONSE ON NEGOTIATIONS AT UNESCO
ON CONVENTION ON CULTURAL DIVERSITY

REF: STATE 089776

UNCLAS WELLINGTON 000397

SIPDIS

STATE FOR IO/T - JCOWLEY AND EAP/ANP - TRAMSEY

E.O. 12958 N/A
TAGS: ETRD SCUL NZ UNESCO
SUBJECT: NEW ZEALAND RESPONSE ON NEGOTIATIONS AT UNESCO
ON CONVENTION ON CULTURAL DIVERSITY

REF: STATE 089776


1. Poloff provided reftel demarche points to James
Hartley, Legal Advisor, NZ Ministry of Foreign Affairs and
Trade (MFAT),who, along with Jane Kominik from the
Ministry for Culture and Heritage, will attend the
negotiations in Paris on the UNESCO convention on cultural
diversity. In Hartley's response May 18, he reported that
his government's two key issues of concern are the trade
aspects of the Convention, especially Article 20, and
preferential treatment for developing countries, under
Article 16.


2. Hartley stated that GONZ supports the approach of
Article 20.1 that emphasizes "consistency" between the
Convention and other international instruments and the
elimination from Article 20.2 of language suggesting any
hierarchy between the Convention and other instruments.
However, the GONZ also believes that further work could be
done to reduce the trade implications of the language in
the Convention, especially the definition of "cultural
industries," which it finds to be "too broad and
unnecessary."


3. Hartley noted that for consistency with the other
Articles in the Convention that concern international co-
operation, New Zealand will propose amending Article 16 to
read "Developed Countries shall endeavor to facilitate
cultural exchanges with developing countries." According
to Hartley, this change would make the obligation non-
mandatory.


4. The GONZ also suggests an amendment to Article 2.1 so
that it would read, "Cultural diversity can only be
protected and promoted if fundamental freedoms, such as
the freedom of expression, which includes information and
communication, are guaranteed." This amendment reflects
the GONZ view that freedom of expression appropriately
includes freedoms concerning information and
communication, in a manner consistent with Article 19 of
the International Covenant on Civil and Political Rights.


5. GONZ further believes that there are opportunities for
greater streamlining of the administrative structures,
particularly concerning the functions of the Conference of
Parties and Intergovernmental Committee. GONZ
recommendations regarding these functions include:

-- to change the functions of these two bodies for
consistency with their role in administering the
International Fund for Cultural Diversity as established
under Article 18;
-- to give the Conference of Parties the power to confer
additional functions on the Intergovernmental Committee as
appropriate;
-- to ensure that all decisions that will substantially
affect the obligations of States Parties to the Convention
are made by the Conference of Parties;
-- to have the Intergovernmental Committee transmit a
summary of the reports to the Conference of Parties, as
was done with previous drafts; and
-- to schedule the Conference of Parties to coincide with
the General Conference to lessen the administrative burden
on States Parties.

Swindells