US embassy cable - 04ROME1236

UNCLAS SECTION 01 OF 04 ROME 001236 
 
SIPDIS 
 
 
SENSITIVE 
 
FROM THE U.S. MISSION TO THE UN AGENCIES IN ROME 
 
STATE FOR IO/EDA, L/HRR, DRL/MLA, E, EB/TPP/ATP 
USAID FOR CUMMINGS 
USDA/FAS FOR REICH AND HUGHES 
 
E.O. 12958:  N/A 
TAGS: AORC, PHUM, EAGR, EAID, EFIN, KUNR, FAO 
SUBJECT:  RIGHT TO FOOD: REPORT OF INTERSESSIONAL 
    MEETING, INTERGOVERNMENTAL WORKING GROUP ON VOLUNTARY 
GUIDELINES, 2-5 FEB 2004 
 
REFS:  (A) 03 ROME 5747,  (B) 03 ROME 4443, 
 
       (C) 03 ROME 1380 
 
THIS CABLE CONTAINS SENSITIVE BUT UNCLASSIFIED SECTIONS 
THAT ARE INTENDED STRICTLY FOR INTERNAL USG USE. 
 
1.  (SBU)  SUMMARY.   A FORMAL INTERSESSIONAL MEETING 
(OPEN-ENDED WORKING GROUP [OEWG]) 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 MET IN ROME 
FEBRUARY 2-5.  AS FORESHADOWED FROM GOVERNMENT 
INTERVENTIONS IN THE OCTOBER IGWG SESSION (SEE REF A), 
GIVEN THE FIRST OPPORTUNITY TO MAKE FORMAL TEXTUAL 
PROPOSALS TO WHAT HAD BEEN FROM THE U.S. PERSPECTIVE A 
GENERALLY ACCEPTABLE OPENING TEXT, DELEGATIONS IN THE 
FEBRUARY ROUND MADE MORE THAN FOUR HUNDRED, OFTEN 
SUBSTANTIVELY PROBLEMATIC, PROPOSALS.  DESPITE CALLS FROM 
THE IGWG CHAIRMAN FOR DELEGATIONS TO WORK AS CLOSELY AS 
POSSIBLE FROM THE OPENING TEXT, HE WAS UNABLE TO IMPOSE 
DISCIPLINE ON EITHER REGIONAL GROUP OR NATIONAL 
DELEGATIONS.  SO GREAT AND VARIED WERE THESE PROPOSALS 
THAT THE ENTIRE OEWG SESSION DEVOLVED INTO A PROCESS OF 
COLLECTING PROPOSALS, WITHOUT AN OPPORTUNITY FOR 
SUBSTANTIVE NEGOTIATION. 
 
2.  (SBU)  THE HIGHLY BRACKETED TEXT THAT EMERGED FROM 
    THE SESSION IS NOW 100 PAGES IN LENGTH.  MANY OF THE 
PROPOSALS ARE SUBSTANTIVELY OBJECTIONABLE TO THE USG. 
AMONG THE PROBLEMATICAL ISSUES ARE: : THE 
MISCHARACTERIZATION OF THE SUBSTANTIVE SCOPE OF AN 
INTERNATIONAL RIGHT TO "THE PROGRESSIVE REALIZATION OF 
THE RIGHT TO ADEQUATE FOOD;" OVERLY PRESCRIPTIVE GUIDANCE 
ON DOMESTIC POLICIES STATES SHOULD ADOPT TO PROTECT 
ACCESS TO FOOD; AN ATTEMPT TO ADOPT PROVISIONS THAT WOULD 
APPLY TO ARMED CONFLICT AND FOREIGN OCCUPATION; AND 
TENDENTIOUS PROPOSALS FROM DEVELOPING COUNTRIES AND NGOS 
ON ECONOMIC AND SOCIAL DEVELOPMENT, DEVELOPMENT 
ASSISTANCE, REALIGNING INTERNATIONAL FINANCIAL 
INSTITUTION LENDING CRITERIA, DEBT RELIEF, ACCESS TO 
RESOURCES, TECHNOLOGY TRANSFER, DOMESTIC LAND REFORM, AND 
RESPONSIBILITIES OF INTERNATIONAL ORGANIZATIONS. 
 
3.  (SBU)  RECOGNIZING THAT THE TEXT THAT EMERGED WAS SO 
COMPLEX AND CONFUSING AS TO MAKE IT IMPOSSIBLE 
LOGISTICALLY TO NEGOTIATE FROM IT (I.E., SOME GUIDELINES 
HAVE OVER HALF A DOZEN DIFFERENT FORMULATIONS OF THE SAME 
PARAGRAPH), RATHER THAN SCHEDULING AN INTERSESSIONAL 
NEGOTIATING ROUND, THE IGWG CALLED UPON ITS BUREAU TO 
MEET  IN A NON-NEGOTIATING CAPACITY TO STREAMLINE THE 
TEXTUAL PROPOSALS PRIOR TO THE JULY 5-9 IGWG SESSION. 
THIS BUREAU MEETING WILL TAKE PLACE IN ROME FROM APRIL 26 
TO MAY 1. 
 
4.  (SBU)  A TOUGH ROAD AHEAD.  BASED ON ITS OBSERVATIONS 
OVER THE LAST TWO IGWG SESSIONS, THE U.S. DELEGATION IS 
NOT OPTIMISTIC THAT THE THIRD AND FINAL SCHEDULED IGWG 
SESSION IN JULY WILL BE ABLE TO CONCLUDE THIS NEGOTIATION 
    OR TO NEGOTIATE A TEXT THAT WILL BE ACCEPTABLE TO THE 
UNITED STATES.  THAT SAID, GIVEN THE MANDATE FROM THE 
WORLD FOOD SUMMIT FIVE YEARS LATER TO CONCLUDE SUCH AN 
INSTRUMENT BY SEPTEMBER 2004 AND THE COMMITMENT BY NEARLY 
ALL OTHER DELEGATIONS TO COMPLETE THE PROCESS, THERE IS 
NO PROSPECT THAT THESE NEGOTIATIONS WILL FAIL TO PRODUCE 
A FINAL PRODUCT.  IT ALSO SEEMS CLEAR THAT THE ABSENCE OF 
A STRONG U.S. PRESENCE IN THE NEGOTIATION WOULD LEAD TO A 
FAR WORSE FINAL SUBSTANTIVE OUTCOME.   THE JULY IGWG 
SESSION, MOREOVER, WILL BE CHALLENGING, AS THE STRUCTURE 
OF THE MEETING WILL REQUIRE NO FEWER THAN THREE SEASONED 
NEGOTIATORS TO REPRESENT THE UNITED STATES IN, 
RESPECTIVELY, A PLENARY AND TWO SEPARATE ROUND-THE-CLOCK 
WORKING GROUPS.  END SUMMARY. 
 
CONTEXT 
------- 
 
5.  (U)  THE BACKGROUND OF THESE NEGOTIATIONS IS PROVIDED 
IN REF A.   ALTHOUGH IT WAS THE THIRD MEETING OF THE 
IGWG, THE FEBRUARY SESSION WAS THE FIRST FORMAL 
OPPORTUNITY FOR DELEGATIONS TO MAKE TEXTUAL PROPOSALS TO 
THE CHAIRMAN'S OCTOBER 2003 OPENING TEXT.  THE 
NEGOTIATIONS HAVE BEEN AT LEAST NOMINALLY ORGANIZED 
 
N 
 
ROME 00001236  002 OF 004 
 
, AFRICA, THE NEAR 
EAST, AND THE SOUTH-WEST PACIFIC).   EACH REGION MAY 
APPOINT A REPRESENTATIVE TO THE IGWG BUREAU.  NORTH 
AMERICA (WHICH CONSISTS OF CANADA AND THE UNITED STATES) 
IS CURRENTLY REPRESENTED IN THE BUREAU BY THE UNITED 
STATES.  THE SW PACIFIC GROUP, CONSISTING ON AUSTRALIA, 
NEW ZEALAND AND 12 SMALL ISLAND STATES, WITHDREW FROM THE 
IGWG PROCESS PRIOR TO THE FEBRUARY OEWG, CITING A LACK OF 
RESOURCES TO DEDICATE TO THIS NEGOTIATION. 
 
6.   (SBU)  REGIONAL GROUP DYNAMICS.  IN THE BUREAU 
MEETINGS PRIOR TO THE FEBRUARY ROUND, CHAIRMAN NOORI 
EMPHASIZED THAT THE ONLY WAY TO NEGOTIATE THIS TEXT WAS 
FOR THE REGIONAL GROUP REPRESENTATIVES TO ENSURE THAT 
THEIR REGIONS WORKED CLOSELY FROM THE CHAIRMAN'S OCTOBER 
2003 TEXT AND WOULD REFRAIN FROM PROPOSING A LARGE NUMBER 
OF CHANGES TO THAT TEXT.  IN THE MONTHS PRIOR TO THE 
FEBRUARY ROUND, U.S. PARTICIPANTS WORKED BEHIND THE 
SCENES WITH THE CANADIAN MINISTRY OF FOREIGN AFFAIRS AND 
INTERNATIONAL TRADE TO COORDINATE THE NORTH AMERICAN 
POSITION.  THE RESULTS OF THESE EFFORTS WERE ONE OF THE 
FEW BRIGHT SPOTS TO EMERGE FROM THE FEBRUARY ROUND, AS 
U.S. AND CANADIAN VIEWS WERE UNCOMMONLY SIMILAR AND 
CLOSELY COORDINATED. 
 
7.  (SBU)  EUROPE IN SHAMBLES.  UNFORTUNATELY, WHILE THE 
NORTH AMERICAN REGION STAYED WITHIN THE CHAIRMAN'S 
    REQUEST, THE OTHER REGIONAL GROUPS UNRAVELED.   EUROPE 
WAS UNABLE TO DEVELOP A COMMON POSITION FOR THE FEBRUARY 
ROUND.  INSTEAD, ONLY THE EUROPEAN UNION AND ACCESSION 
STATES SPOKE AS A GROUP, WHILE SWITZERLAND AND NORWAY 
MADE A TRULY REMARKABLE AND UNHELPFUL NUMBER OF PROPOSALS 
ON VIRTUALLY EVERY PARAGRAPH OF EVERY GUIDELINE.  OF THE 
450 TEXTUAL CHANGES PROPOSED IN BY DELEGATIONS IN THE 
FEBRUARY ROUND, MORE THAN 150 CAME FROM NORWAY AND 
SWITZERLAND.   THESE PROPOSALS TENDED, MOREOVER, TO BE 
AMONG THE MOST EXTREME, INCLUDING PROVISIONS TO REDEFINE 
THE NATURE OF THE RIGHT TO FOOD, NEW RULES TO GOVERN THE 
LAW OF WAR (SWITZERLAND), A NEW PROVISION ON MONITORING 
AND COMPLIANCE (SWITZERLAND), AND AN ENTIRELY NEW AND 
UNASKED-FOR ANNEX ON "BEST PRACTICES."    IN CONTRAST, 
THE EU'S POSITION WAS FAR MORE CONSTRUCTIVE AND 
RESTRAINED.  THE EU ISSUED A PARTICULARLY HELPFUL 
INTERVENTION THAT THE GUIDELINES SHOULD NOT CONTAIN A 
SECTION ON THE INTERNATIONAL DIMENSION. 
 
8.  (SBU)  OTHER REGIONS.  ANOTHER FACTOR AT WORK TO 
DEFEAT THE CHAIRMAN'S EFFORT TO ADHERE TO THE OCTOBER 
TEXT WAS THE REALITY THAT THE G-77 GROUP EMERGED AS THE 
REAL NEGOTIATING FULCRUM OF THE REGIONAL GROUPS OTHER 
THAN EUROPE AND NORTH AMERICA.  HERE TOO, HOWEVER, 
REGIONAL GROUPS DID NOT SPEAK WITH ONE VOICE.  ASIA WAS 
PARTICULARLY FRACTURED, AS IT DIVIDED ALONG DEVELOPING- 
DEVELOPED COUNTRY LINES (WITH JAPAN AND SOUTH KOREA OFTEN 
AT ODDS WITH THE REST OF THE REGION).  INEXPLICABLY, 
PAKISTAN AND INDIA ALSO SENT DELEGATIONS THAT MADE DOZENS 
OF DRAFTING PROPOSALS. 
 
    9.  (SBU)  THE ROLE OF NGOS.  IN ADDITION TO THE COHESION 
OF THE NORTH AMERICAN DELEGATION, ANOTHER POSITIVE 
DEVELOPMENT WAS THE SUCCESSFUL USG EFFORT TO DEFEAT AN 
ATTEMPT TO ALLOW NGO OBSERVERS TO PARTICIPATE IN THE SAME 
WAY AS REGIONAL GROUPS OR MEMBER STATES.  THANKS TO WORK 
BEHIND THE SCENES PRIOR TO AND DURING THE BUREAU SESSION 
ON THE MORNING BEFORE THE FIRST PLENARY MEETING, A 
PROPOSAL TO ALLOW NGO AND OTHER NON-GOVERNMENTAL 
OBSERVERS TO PROPOSE TEXTUAL AMENDMENTS WAS DEFEATED.  IN 
ITS PLACE, NON-GOVERNMENTAL OBSERVERS MADE GENERAL 
COMMENTS WITH RESPECT TO EACH GUIDELINE BEFORE THE TEXT 
WAS FORMALLY OPENED FOR AMENDMENT.  THEREAFTER, REGIONAL 
GROUPS AND STATES WERE FREE TO MAKE PROPOSALS.  IN 
PRACTICE, THIS SEEMED TO GIVE NGOS THE ABILITY TO 
PROPERLY HAVE THEIR VIEWS KNOWN AND TAKEN INTO ACCOUNT IN 
THE PROCESS, WHILE NOT CREATING YET ANOTHER SOURCE OF 
TEXTUAL PROPOSALS. 
 
NEGOTIATIONS OF THE TEXT 
------------------------ 
 
10.  (SBU)  THE FIRST NEGOTIATING SESSION SET THE 
UNFORTUNATE PATTERN FOR THE WEEK'S MEETING.  IN AN EFFORT 
TO GET THE NEGOTIATIONS OFF TO A QUICK START, CHAIRMAN 
 
ROME 00001236  003 OF 004 
 
BE AN UTTERLY 
UNCONTROVERSIAL GUIDELINE ON "DEMOCRACY, GOOD GOVERNANCE 
AND HUMAN RIGHTS."   THE FIRST THREE-LINE PARAGRAPH, 
WHICH CONTAINS STANDARD LANGUAGE ON THE IMPORTANCE OF 
DEMOCRACY AND FREEDOM, OCCUPIED THE ENTIRE THREE-HOUR 
MORNING SESSION.  NORWAY SPENT ROUGHLY AN HOUR DISCUSSING 
ITS PROPOSAL TO REDRAFT AND REORGANIZE THE ENTIRE 
GUIDELINES.  DESPITE THE CHAIRMAN'S ADMONITIONS TO AVOID 
MAKING UNDUE CHANGES TO THE OCTOBER TEXT, PROPOSALS FROM 
GRULAC, NORWAY, THE EU, THE NEAR EAST, SWITZERLAND, 
AFRICA, AND PAKISTAN CONVERTED THE PREVIOUSLY THREE-LINE 
OPENING TEXT INTO ROUGHLY A PAGE OF HIGHLY BRACKETED 
LANGUAGE.    NORWAY'S PROPOSAL TO CONVERT THE GUIDELINES 
ON CIVIL AND POLITICAL RIGHTS INTO NON-RECOMMENDATORY 
BACKGROUND WAS PARTICULARLY DIFFICULT TO FATHOM. 
 
11.  (SBU)  THE PATTERN OF WORK CONTINUED IN THE 
AFTERNOON OF THE FIRST DAY, DURING WHICH DELEGATIONS WERE 
UNABLE TO COMPLETE WORK ON THE FIRST GUIDELINE.  AS THERE 
ARE 18 GUIDELINES ALONG WITH EXTENSIVE INTRODUCTORY TEXT, 
THE CHAIRMAN REALIZED THAT HE COULD NOT CONTINUE THAT 
PATTERN OF WORK.  ACCORDINGLY, FOR THE LAST THREE DAYS, 
HE SIMPLY ASKED DELEGATIONS TO MAKE THEIR PROPOSALS TO 
THE GUIDELINES WITHOUT SEEKING SUBSTANTIVE VIEWS FROM 
OTHER DELEGATIONS ON THOSE PROPOSALS. 
 
    SUBSTANTIVE TEXTUAL PROBLEM AREAS 
--------------------------------- 
 
12.  (SBU)  SO EXTENSIVE WERE THE PROPOSALS THAT, EVEN 
WITH THIS MODIFICATION, IT WAS NOT POSSIBLE DURING THE 
FOUR-DAY SESSION TO HAVE ALL OF THE 450 PROPOSALS ENTERED 
INTO THE TEXT FROM THE FLOOR.  ON THE FINAL SESSION, THE 
CHAIRMAN ASKED DELEGATIONS TO SUBMIT THEIR PROPOSALS ON 
THE MOST CONTROVERSIAL SUBJECTS (INTERNATIONAL SECTION 
AND INTRODUCTION) IN WRITING AFTER THE SESSION.  ALTHOUGH 
THE UNITED STATES AS A MEMBER OF THE BUREAU HAS SEEN THE 
SECRETARIAT'S EFFORT TO COMPILE THE TEXT, AS OF MARCH 29, 
 
SIPDIS 
THE SECRETARIAT HAS NOT CIRCULATED A TEXT REFLECTING THE 
ALL OF THE PROPOSALS.  BASED ON THE CURRENT INFORMAL 
DRAFT, THE ISSUES THAT WILL CONFRONT THE US DELEGATION AT 
THE JULY ROUND WILL INCLUDE: 
 
--(1) PROBLEMATIC PROPOSALS ON THE SUBSTANTIVE SCOPE OF 
AN INTERNATIONAL RIGHT TO "THE PROGRESSIVE REALIZATION OF 
THE RIGHT TO ADEQUATE FOOD";" 
 
--(2) SOME ATTEMPTS TO DIMINISH THE IMPORTANCE OF CIVIL 
AND POLITICAL RIGHTS; 
 
--(3) OVERLY PRESCRIPTIVE GUIDANCE ON DOMESTIC POLICIES 
STATES SHOULD ADOPT TO PROTECT ACCESS TO FOOD (E.G., 
STATES SHOULD ADOPT A HUMAN RIGHTS OMBUDSMAN WITH A 
MANDATE TO REVIEW RIGHT TO FOOD ISSUES AND STATES SHOULD 
ENSURE THAT BUDGET CUTS TO NOT REDUCE ACCESS TO FOOD"; 
 
--(4) A SWISS AND SOME DEVELOPING COUNTRIES' ATTEMPT TO 
    ADOPT PROVISIONS THAT WOULD APPLY TO ARMED CONFLICT AND 
FOREIGN OCCUPATION; 
 
--(5) A LENGTHY AND OBJECTIONABLE SWISS ANNEX LAYING OUT 
AN EXPANSIVE DEFINITION OF THE SCOPE OF THE RIGHT TO 
ADEQUATE FOOD AND PURPORTING TO SET FORTH THE 
RESPONSIBILITIES OF STATES, INTERNATIONAL ORGANIZATIONS, 
NGOS AND THE PRIVATE SECTOR; 
 
--(6) PROBLEMATIC PROPOSALS BY NORWAY ON FOOD SAFETY AND 
CONSUMER PROTECTION; 
 
--(7)  PROPOSALS ON THE PROVISION OF INTERNATIONAL FOOD 
AID GENERALLY AND DURING COMPLEX HUMANITARIAN 
EMERGENCIES; 
 
--(8) PROPOSALS ON NATURAL RESOURCES, INCLUDING ACCESS TO 
WATER, LAND (INCLUDING LAND REFORM), AND GENETIC 
RESOURCES; 
-- 
--(9) PROPOSALS FROM DEVELOPING COUNTRIES THAT EXPRESS 
THEIR VIEWS ON ECONOMIC AND SOCIAL DEVELOPMENT, 
DEVELOPMENT ASSISTANCE, REALIGNING INTERNATIONAL 
FINANCIAL INSTITUTION LENDING CRITERIA, DEBT RELIEF, 
ACCESS TO RESOURCES, TECHNOLOGY TRANSFER, DOMESTIC LAND 
 
ROME 00001236  004 OF 004 
 
---------------------------- 
 
13.  (SBU)  AS NOTED ABOVE, THE JULY IGWG WILL PRESENT A 
FORMIDABLE CHALLENGE TO THE U.S. DELEGATION.  IT WILL BE 
INCUMBENT ON THE DEPARTMENT AND OTHER WASHINGTON AGENCIES 
TO PREPARE ACCORDINGLY.  THE FAO HAS BUDGETED FOR 
INTERPRETATION FOR A PLENARY AND TWO FULL-TIME WORKING 
GROUPS DURING THE FIVE-DAY SESSION.  THIS STRUCTURE WILL 
CALL FOR A U.S. DELEGATION CONSISTING OF NO FEWER THAN 
THREE EXPERIENCED NEGOTIATORS.  AS ONE OF THE WORKING 
GROUPS WILL FOCUS ON THE INTERNATIONAL ECONOMIC SECTION 
OF THE CURRENT DRAFT, THE PRESENCE OF A NEGOTIATOR FROM 
EB WILL BE ESSENTIAL. 
 
HALL 
 
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 2004ROME01236 - Classification: UNCLASSIFIED