US embassy cable - 03ROME4443

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. 
 
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BACKGROUND 
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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. 
 
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BUREAU AND PARTICIPANTS 
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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. 
 
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WORK ON THE OPENING TEXT 
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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. 
 
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OUTCOMES 
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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. 
 
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NEXT STEPS 
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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