US embassy cable - 05SANJOSE2493

UNCLAS SAN JOSE 002493 
 
SIPDIS 
 
DEPT FOR WHA/CEN JASON MACK 
 
E.O. 12958: N/A 
TAGS: PREL, PGOV, CS 
SUBJECT: COSTA RICA ON UNESCO CONVENTION: IT'S ALL IN THE 
IMPLEMENTATION 
 
REF: A. STATE 192656 
 
     B. STATE 189519 
     C. STATE 184292 
     D. SAN JOSE 2437 
 
SUMMARY 
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1. In a follow-up meeting on the UNESCO Convention on 
Cultural Diversity on October 21, MFA Chief of Multilateral 
Affairs Carlos Cordero expressed Costa Rica's receptiveness 
to U.S. input on implementation if and when the convention 
comes into effect.  He acknowledged U.S. concerns over 
implementation and the potential abuse by repressive regimes, 
but indicated that the GOCR considers the likelihood of this 
happening too remote to worry about unduly.  When asked about 
recent comments by a GOCR official that the convention 
could conflict with the U.S.-Central America-Dominican 
Republic Free Trade Agreement (CAFTA-DR), Cordero agreed to 
research the comment, but assured Poloff that as far as the 
MFA was concerned, CAFTA-DR will trump the convention.  End 
Summary. 
 
CULTURAL DIVERSITY: IT'S A DONE DEAL, LET'S WORK TOGETHER 
--------------------------------------------- ------------ 
2. Poloff met with Chief of Multilateral Affairs Carlos 
Cordero and his deputy, Victor Murillo, on October 21 to 
discuss, among other things, the UNESCO Convention on 
Cultural Diversity.  Cordero conceded that ratification by 
thirty countries can be assumed, though he would not 
speculate on whether, or when, Costa Rica might ratify the 
convention.  Given the likelihood of ratification and 
adoption, Poloff expressed the hope that the GOCR will be 
mindful of USG concerns during implementation of the 
convention.  Cordero intimated that since Costa Rica itself 
was unlikely to be negatively impacted by the convention, 
there was no compelling reason to oppose it.  He 
acknowledged USG concerns about the convention, especially 
in a regional context and the potential for abuse that 
could arise in certain Latin American countries, but 
implied that while certain governments could use the 
convention to supress access to information, he did not see 
this as a likely outcome or cause for serious concern. 
 
3. Poloff expressed some concern over comments attributed 
to Costa Rica's ambassador to UNESCO, in which he indicated 
that the Convention on Cultural Diversity could conflict 
with CAFTA-DR and that adoption of the convention could 
necessitate renegotiation of the trade agreement.  While 
neither of our interlocutors were aware of these comments, 
they indicated that they would research the matter. 
However, both indicated that in their estimation, CAFTA-DR 
would trump the UNESCO convention in the event of a 
conflict, and the convention implementation would have to 
be tailored to fit within the context of CAFTA-DR. 
 
COMMENT 
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4. While Costa Rica's failure to oppose the convention was 
disappointing, its recognition that the convention takes a 
back seat to U.S.-Costa Rica trade agreements was 
heartening.  At the very least, this can be taken as an 
indication that the GOCR values free trade and bilateral 
agreements over the vague, protectionist declarations in the 
UNESCO convention.  Post does not anticipate that any 
disputes will arise in Costa Rica over the convention, and 
expects to receive at least tacit support from Costa Rica 
in the event of any regional implementation disputes. 
FRISBIE