US embassy cable - 05PARIS3877

UNCLAS PARIS 003877 
 
SIPDIS 
 
FROM USMISSION UNESCO PARIS 
 
E.O. 12958: N/A 
TAGS: OTRA, AORC, SCUL, FR, UNESCO, USTR 
SUBJECT: UNESCO: USG DELEGATION FINAL STATEMENT AT CULTURAL 
DIVERSITY NEGOTIATIONS,JUNE 3, 2005 
 
1.  Robert S. Martin, the co-head of the United States 
delegation to the UNESCO-based discussions concerning a 
draft Cultural Diversity Convention, summarized the USG 
objections to the proceedings in a 3 June oral statement 
delivered during the concluding session of the talks.  The 
text follows. 
 
2.  Begin text. 
 
The Final Statement of the United States Delegation by the 
The Honorable Robert S. Martin: 
 
The draft convention produced by this Working Group is 
deeply flawed and fundamentally incompatible with UNESCO's 
Constitutional obligation to promote the free flow of ideas 
by word and image. 
 
As we have noted from our very first intervention in these 
negotiations last September, the United States is among the 
most culturally diverse countries in the world and proudly 
celebrates its diversity. 
 
We came here fully prepared to help craft an effective 
instrument to promote cultural diversity.  We had hoped for 
genuine dialogue and true consensus. 
 
However, as this meeting progressed, we have not only 
observed but have been told repeatedly that this convention 
is not about culture.  What we have seen in various press 
reports and official statements is that this convention is 
actually about trade.  In fact, the trade agenda was so 
compelling that we even had to bend UNESCO's long- 
established rules to accommodate the participation of the 
European Commission, which has competency for trade, not 
culture. 
 
Because it is about trade, this convention clearly exceeds 
the mandate of UNESCO.  Moreover, it could impair rights and 
obligations under other international agreements and 
adversely impact prospects for successful completion of the 
Doha Development Round negotiations.  In so doing, it will 
set back progress toward the economic liberalization that 
has done so much to increase prosperity throughout the 
world, particularly in developing countries, where culture 
plays such an important role in development. 
 
The United States tried to turn these deliberations in a 
positive direction at every stage from the moment we 
reentered UNESCO.   Our entreaties for a serious negotiating 
process to produce a convention that would encourage and 
promote cultural diversity have been largely ignored. 
 
We are also concerned because the process in which we have 
been engaged has not had the collegial atmosphere 
characteristic of UNESCO meetings, probably because of the 
artificial urgency to produce a completed text in a short 
period of time.  Although the legal advisor has pointed out 
that the charge to this Intergovernmental Meeting is to 
develop a "preliminary draft of a convention," we were 
instead instructed by the Chair to produce a clean final 
text. 
 
The manner in which the Intergovernmental Meetings have been 
conducted has inhibited rather than encouraged negotiation 
and deliberation.  The rules of procedure-as well as 
UNESCO's normal practices-have been inconsistently applied 
and at times completely ignored.  The insistence on voting 
under the guise of "signification" has encouraged division 
rather than fostering the development of consensus. 
 
What we have done here in the past week has undermined the 
spirit of consensus that normally characterizes the work of 
UNESCO.  It will surely weaken UNESCO's reputation as a 
responsible, thoughtful international organization. 
 
In spite of the disappointing results of the past week, the 
United States still hopes there remains a possibility to 
achieve a truly consensus convention worthy of UNESCO. 
 
End text. 
 
OLIVER