US embassy cable - 05PARIS7769

C O N F I D E N T I A L SECTION 01 OF 02 PARIS 007769 
 
SIPDIS 
 
FROM USMISSION UNESCO PARIS 
 
E.O. 12958: DECL: 11/15/15 
TAGS: SCUL, ETRD, CJAN, FR, UNESCO 
SUBJECT:  UNESCO: DIRECTOR GENERAL PROMISES TO SPEAK OUT 
PUBLICLY IF CULTURAL DIVERSITY CONVENTION IS MISUSED IN 
TRADE OR HUMAN RIGHTS MATTERS; CITES ISRAELI GAINS IN UNESCO 
 
 
Classified by USUNESCO Charge Andrew Koss, for reasons 1.4 
(b) and (d). 
1. (C) Summary.  During a October 25 office call, 
UNESCO Director General Koichoro Matsuura promised 
Assistant Secretary of State for International 
Organizations Kristen Silverberg that he would speak 
out publicly if any UNESCO Member State misused the 
Convention on the Protection and Promotion of the 
Diversity of Cultural Expressions ("Cultural Diversity 
Convention").  He emphasized his determination to guard 
against use of the Convention to justify interference 
with the free flow of information or other human 
rights.  Singling out France by name, he also promised 
to speak out publicly if a State invoked the Cultural 
Diversity Convention to defend agricultural 
protectionism. 
Matsuura pointed with pride to Israel's successful 
integration into UNESCO, noting Israel's victory in the 
hotly contested World Heritage Convention elections. 
He also thanked Ambassador Oliver for her work in 
helping to work out the terms of consensus resolutions 
concerning the historic sites within the Old City of 
Jerusalem. 
End summary. 
Cultural Diversity Convention:  Matsuura promises to 
speak out against misuse; sees no Human Rights issues 
--------------------------------------------- --------- 
2. (C) At several points in the conversation, Director 
General Matsuura stated unequivocally that he sees it 
as his "duty" to see that Cultural Diversity Convention 
is implemented in a "correct" manner. 
3. (C) The Cultural Diversity Convention protects human 
rights and press freedom, Matsuura stressed. He quoted 
from Article 2 (1) of the Cultural Diversity Convention 
("No one may invoke the provisions of this Convention 
in order to infringe human rights and fundamental 
freedoms as enshrined in the Universal Declaration of 
Human Rights.") to buttress his conviction that the 
Convention would not be used to violate human rights. 
Matsuura stated several times that he would speak out 
strongly and publicly if any country sought to misuse 
the Convention to justify practices that did not 
comport with human rights standards. 
4. (C) A/S Silverberg pointed to the tension between 
protection of minority rights and establishment of 
cultural policies by a central government.  Matsuura 
responded the Principles of the Cultural Diversity 
Convention provide for the protection of minority 
cultures.  (Comment.  Matsuura, like many participants 
in the UNESCO cultural diversity debate, appeared 
genuinely not to apprehend the point that a central 
government controlled by a majority of one ethnic group 
often cannot be relied on to protect minority rights of 
other groups. End comment.) 
Matsuura says Convention has no legal effect on Doha, 
but concedes possible political repercussions 
--------------------------------------------- ------- 
5. (C) Matsuura, a former law professor and a key 
member of the Japanese negotiating team in the Uruguay 
Round, emphasized that, as a matter of law, the 
Cultural Diversity Convention did not affect the Doha 
Round.  He noted that the EC had not made an offer in 
cultural services in the run-up to Doha and that the EC 
had imposed audiovisual quotas a long time ago. 
Nothing about the Convention would change these items. 
He mentioned that his own country, Japan, had made a 
conservative agriculture offer, but expressed virtual 
certainty that Japan would not try to invoke the 
Cultural Diversity Convention to justify its offer. 
6. (C) Matsuura handed an EC Communiqu to A/S 
Silverberg concerning the Cultural Diversity 
Convention.  He quoted from the language asserting that 
the Convention will not affect present obligations 
under trade law and other international obligations. 
A/S Silverberg noted that the EC Communiqu also said 
that parties to the Convention would take the 
Convention into account when in future negotiations. 
Matsuura conceded that the language concerning the 
relationship of the Cultural Diversity Convention to 
other international legal instruments was a "little 
contradictory." 
7. (C) Matsuura also acknowledged that the political 
import of the Convention was not limited by a strict 
legal analysis.  He conceded that one "cannot argue 
categorically that there will be no impact on the Doha 
Round" from the Convention. 
8. (C) A/S Silverberg pointed out that the language of 
trade was precise, while the phrase "cultural goods and 
services" was ambiguous and some might try to include 
agricultural products within its ambit. 
9. (C) Matsuura assured A/S Silverberg that the 
Cultural Diversity Convention did not cover wine and 
food. Responding to A/S Silverberg's question about 
what Matsuura would do to prevent misuse of the 
Convention to protect agriculture, Matsuura undertook 
to speak out publicly if France or others attempted to 
use the Convention to engage in agricultural 
protectionism. He gave his view that the central 
problem in the current Doha round negotiations is that 
the EC agricultural offer is "not enough" and that the 
"problem lies with France." 
Matsuura Cites Israeli Gains in UNESCO 
------------------------------------------- 
10. (C) Matsuura highlighted that Israel, like the 
United States, had been elected October 11 in a 
competitive race to fill seats on the prestigious World 
Heritage Committee, the 21-nation Committee that sets 
policy for the implementation of the 1973 World 
Heritage Convention, which includes passing on 
applications for inclusion on the prestigious World 
Heritage Sites.  (Note.  Israel was also selected by 
Group One (Canada, United States, Western Europe) to be 
a Group One representative on three subsidiary bodies 
in UNESCO - the International Coordinating Council of 
the Programme on Man and the Biosphere (MAB), the 
Intergovernmental Council of the International 
Programme for the development of Communication (IPDC) 
and the Intergovernmental Council of the Management of 
Social Transformations Programme (MOST) End note). 
Matsuura also noted that he had received the Israeli 
Minister of Higher Education and the Israeli Minister 
of Education during the October 3-21 General 
Conference.  (Note.  An Israeli national received 
November 14 the USD 10,000 grand prize in an annual 
design contest, launched in 1995 by UNESCO and the 
Felissimo Group (Japan), which encourages young amateur 
designers between 18 and 35 years of age to submit 
projects linked to daily life.  Six other competitors 
received prizes ranging from USD 3,000 to USD 5,000. 
End note.) 
11. (C) Matsuura praised Ambassador Oliver's invaluable 
assistance during the long hours of negotiation that 
lead to success in holding together UNESCO consensus 
resolutions on two contentious matters concerning sites 
in the Old City of Jerusalem.  (Note.  See 
http://unesdoc.unesco.org/ulis/cgi- 
bin/ulis.pl?database=gctd&req=2&by=2&ord=1&sc 1=1&look=c 
fg33&lin=1&dc=33+C%2F13&submit=%A0GO%A0 and 
http://unesdoc.unesco.org/images/0014/001406/ 140609e.pd 
f for the text of the resolutions and the underlying 
reports. End note.) 
12. (C) Comment.  Matsuura's commitment to take a 
public stance against misuse of the Cultural Diversity 
Convention to justify agricultural protectionism is 
most welcome, especially in the run-up to the Doha 
Round. 
13. (C) Comment Continued.  There has been enormous 
progress over the last two years in integrating Israel 
into UNESCO's work and programs.  A feeling of 
tentativeness, however, remains.  Now might not be the 
time to talk about Israeli UNESCO successes widely. 
Koss