US embassy cable - 05DUBLIN1367

UNCLAS DUBLIN 001367 
 
SIPDIS 
 
DEPARTMENT FOR S/ES-CR AND S/ES-O 
DEPARTMENT FOR EUR/UBI 
 
E.O. 12958: N/A 
TAGS: OPDC, ETRD, PREL, SCUL, EI, UNESCO 
SUBJECT: CORRESPONDENCE TO SECRETARY - UNESCO CULTURAL 
DIVERSITY CONVENTION 
 
REF: STATE 189518 
 
On November 7, Post received a letter from Minister for 
Foreign Affairs, Dermot Ahern, addressed to Secretary 
Rice.  The original letter will be forwarded to the 
Department via pouch Registry No. 1410789. Below is the 
text of the letter. 
 
BEGIN TEXT 
 
OIFIG AN AIRE GNOTHAI EACHTRACHA 
(OFFICE OF THE MINISTER FOR FOREIGN AFFAIRS) 
BAILE ATHA CLIATH 2 
(DUBLIN 2) 
 
Dr Condoleezza Rice Secretary of State, 
U.S. Department of State Washington 
27-October 2005 
 
Our Ref: POL050500 
 
Dear Secretary of State, 
 
Thank you for your letter of 5 October 2005, in which you 
outline certain concerns regarding the scope and language 
of the recently-adopted UNESCO Convention on the 
Protection and Promotion of the Diversity of Cultural 
Expressions. 
 
The issues that you raise are indeed serious. Like you, I 
would be very concerned if I believed that the Convention 
could have a negative impact on the free flow of 
information, or could be used to restrict rights 
established under other agreements. We gave these 
questions the most careful consideration in the course of 
negotiation, as did our partners in the European Union. 
Our individual and collective conclusion, which will be 
set out shortly in a letter from the EU Presidency, is 
that the Convention could not be used to justify the kind 
of actions in question. 
 
The text of the Convention makes it clear that the 
discretion given to States to take measures to protect 
and promote cultural diversity must be exercised in a 
manner consistent with its provisions. In particular 
also, we do not believe that the Convention could be used 
to restrict or impair trade rights under international 
agreements. Nor do we believe that it has any 
implications for the free flow of information. 
 
I fully share your views on the important role and work 
of UNESCO and would, in this regard, be very happy to see 
the close relationship between our two countries extended 
into more effective cooperation between us on the UNESCO 
agenda. 
 
With kind regards, 
 
Yours sincerely, 
 
Dermot Ahern T.D. 
Minister for Foreign Affairs 
 
END TEXT 
 
KENNY