US embassy cable - 05WELLINGTON397

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