US embassy cable - 05PARIS2441

UNCLAS PARIS 002441 
 
SIPDIS 
 
 
FROM USMISSION UNESCO PARIS 
 
SENSITIVE 
 
FOR IO/T BOOTH/COWLEY, L/EUR, L/UNA 
 
E.O. 12958: N/A 
TAGS: PREL, ETRD, UNESCO, EUN, SCUD 
SUBJECT: UNESCO:  UNESCO:  NEED FOR DEMARCHE ON EU 
COMPETENCY IN CULTURAL DIVERSITY NEGOTIATIONS 
 
RE:  A)PARIS 2402, B) PARIS 2231, C) PARIS 01857, D) 2004 
PARIS 8818, E) 2004 PARIS 7677 
 
 
1. (SBU) I understand that there has been a lot of 
discussion in Washington about the need to demarche UNESCO 
Executive Board members on the EU's draft resolution on EC 
participation in the cultural diversity negotiations.  I 
cannot emphasize strongly enough that we need to demarche 
capitals on this issue as soon as possible. 
 
2. (SBU) There are two issues at stake.  The first is 
covered by the draft resolution which will be taken up at 
the executive board sometime in the next two weeks:  EC 
participation in the negotiations.  The next round of 
negotiations is scheduled for late May/early June; this 
issue cannot be put off until the general conference in 
October.  The second issue will need to be raised at the 
general conference:  whether the EU can sign a completed 
convention as a "contracting party."  This intention has 
already been signaled on several occasions by EU members but 
is not in the current draft resolution. 
 
3. (SBU) We need to make it clear that there is no need for 
expanded participation by the EC in the May meeting.  The EC 
sat with the EU presidency during the February negotiations 
and was able to participate fully.  The EC rep often began 
his interventions with the words, "The EU believes."  The EC 
also sat in on committee meetings and informal negotiations 
and unlike other observers did not have to wait to speak 
last, spoke as long as he wanted, suggested amendments and 
was not limited to one intervention per item. 
 
4.  (SBU) We are told this will not set precedent in the UN 
system.  I do not see how it could do anything else.  There 
is also the problem of precedent at UNESCO.  The EC claims 
competency on intellectual property rights which will likely 
be part of the bioethics declaration currently being 
negotiated and other possible UNESCO instruments in the 
future.  Meanwhile, the EC rep tells us constantly that the 
cultural diversity convention is not about trade, but the EC 
is claiming competency in these negotiations precisely 
because they cover trade. 
 
5. (SBU) The EU has been actively demarching other UNESCO 
members both here in Paris and in capitals to build support 
for their draft resolution.  They appear confident they have 
the votes in this Executive Board; they don't want to face 
defeat a second time.  They start from a good base.  They 
can already count on the 8 EU members on the board, Iceland, 
Turkey, Croatia and Switzerland. 
 
6. (SBU) The number of countries that publicly oppose the EU 
at this point is rather limited.  They include Afghanistan, 
India, Australia and probably Russia Japan and China. 
Canada will likely support the EU but tells us they may 
change their minds if they get a strong message from the US. 
Brazil doesn't like the resolution but will probably abstain 
and not speak against.  This seems to be the position of a 
number of other Latin American countries. 
 
7.  (SBU) We're still looking, but so far we cannot find 
anything in the rules that allows us to call for a secret 
ballot, which Afghanistan tells us would make it a lot 
easier for smaller countries to vote against the EU.  (In 
fact, if we don't get a secret ballot, we might lose 
Afghanistan).  We also heard this from the longtime 
ambassador of Serbia, but he's not on the executive board. 
 
8.  (SBU) The example in our cable last week (Reftel C) of 
Jamaica, indicating they have received instructions to vote 
in favor of the resolution, indicates how strongly the EU 
has been lobbying capitals on this issue.  Because the 
lobbying has been done in capitals, there is not that much 
we can do here to change votes.   We need demarches in the 
capitals of UNESCO's Executive Board members.      OLIVER