US embassy cable - 03ROME1380

UNCLAS SECTION 01 OF 03 ROME 001380 
 
SIPDIS 
 
FROM FODAG 
 
MEXICO CITY FOR BRAKEL 
STATE FOR IO/EDA KOTOK 
USAID FOR RALPH CUMMINGS 
 
E.O. 12958:  N/A 
TAGS: AORC, KUNR, KUNR, KUNR, FAO AORC, FAO AORC, FAO 
SUBJECT: FAO RIGHT TO FOOD WORKING GROUP: REPORT OF FIRST 
SESSION 
 
 
1.  SUMMARY:  THE FIRST SESSION OF THE INTERGOVERNMENTAL 
                       UNCLASSIFIED 
 
PAGE 02        ROME  01380  01 OF 03  011149Z 
WORKING GROUP FOR THE ELABORATION OF VOLUNTARY GUIDELINES 
TO SUPPORT THE PROGRESSIVE REALIZATION OF THE RIGHT TO 
ADEQUATE FOOD IN THE CONTEXT OF NATIONAL FOOD SECURITY 
MET MARCH 24-26, 2003. THE U.S. WAS ELECTED TO THE BUREAU 
AS VICE-CHAIR.  AS EXPECTED, MANY G-77 MEMBERS, SOME OECD 
MEMBERS (NORWAY AND SWITZERLAND) AND MOST NGO'S PRESENT 
SOUGHT TO MOVE THE DEBATE AWAY FROM "VOLUNTARY," 
"NATIONAL" GUIDELINES TO AN "INTERNATIONAL" AND "LEGALLY 
BINDING" INSTRUMENT.  WHILE THE U.S. IS ALONE IN PUBLICLY 
REJECTING A "RIGHT TO FOOD," WE FEEL THAT WE ARE 
SUPPORTED BY MOST OTHER OECD COUNTRIES IN SEEKING AN 
OUTCOME FOCUSED ON PRACTICAL STEPS AT THE NATIONAL LEVEL 
RATHER THAN ON A THEORETICAL "RIGHT TO FOOD." THE BUREAU 
WILL MEET INTER-SESSIONALLY TO PREPARE A FIRST DRAFT OF 
THE GUIDELINES FOR SUBMISSION TO THE NEXT SESSION IN 
SEPTEMBER 2003.  END SUMMARY. 
 
2.  THE FAO CONVENED THE FIRST MEETING OF THE 
INTERGOVERNMENTAL WORKING GROUP FOR THE ELABORATION OF 
VOLUNTARY GUIDELINES TO SUPPORT THE PROGRESSIVE 
REALIZATION OF THE RIGHT TO ADEQUATE FOOD IN THE CONTEXT 
OF NATIONAL FOOD SECURITY (IGWG-RTF) MARCH 24-26, 2003. 
THE IGWG WAS ESTABLISHED PURSUANT TO PARAGRAPH 10 OF THE 
DECLARATION OF THE WORLD FOOD SUMMIT: FIVE YEARS LATER 
AND ACCORDING TO THE TERMS OF REFERENCE (TOR) AGREED BY 
THE 123RD FAO COUNCIL. 
 
BUREAU AND PARTICIPANTS 
----------------------- 
3.  PARTICIPANTS IN THE IGWG INCLUDED 83 FAO AND UN 
MEMBERS, 17 INTERNATIONAL NGOS, AS WELL AS UN AND OTHER 
                       UNCLASSIFIED 
 
PAGE 03        ROME  01380  01 OF 03  011149Z 
SPECIALIZED AGENCIES, THE WORLD FOOD PROGRAM, THE OFFICE 
OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS, AND THE UN 
SPECIAL RAPPORTEUR ON THE RIGHT TO FOOD.  THE GROUP 
ELECTED AMBASSADOR NOURI-NAEENI (IRAN) AS CHAIR, 
AMBASSADOR CHRISTIAN MONNOYER (BELGIUM) AS FIRST VICE- 
CHAIR AND AMBASSADOR GURGEL DE ALENCAR (BRAZIL), MR. 
HAMADOUN CISSE (MALI), MR. PETER BENNET (NEW ZEALAND), 
MR. NOEL D. DE LUNA (PHILIPPINES) AND MS. LUCY TAMLYN 
(U.S.) AS VICE-CHAIRS.  COMMENT: AMBASSADOR MONNOYER, THE 
OECD CANDIDATE FOR CHAIR, WITHDREW HIS CANDIDACY AT THE 
LAST MINUTE IN THE FACE OF STRONG G-77 INTEREST IN THE 
CHAIR.  IN EXCHANGE, IT WAS AGREED THAT MONNOYER WOULD 
SERVE AS THE FIRST VICE-CHAIR.  END COMMENT. 
 
QUESTION OF RAPPORTEUR 
---------------------- 
4.  AS PART OF THE ARRANGEMENT WHEREBY THE G-77 ASSUMED 
THE CHAIR, THE G-77 OFFERED (AND SOME OECD MEMBERS HAD 
SUPPORTED) CREATING A RAPPORTEUR IN ORDER TO BRING 
ANOTHER OECD MEMBER ONTO THE BUREAU.  THE FIRST ORDER OF 
BUSINESS ASSIGNED TO THE BUREAU WAS DETERMINING WHETHER A 
RAPPORTEUR WAS NEEDED.  (THE ONLY CANDIDATE FOR 
RAPPORTEUR WAS NORWAY.)  USDEL OBJECTED TO CREATING A 
RAPPORTEUR, ARGUING THAT THE POSITION WAS NOT IN THE TOR 
AND TOOK AWAY FROM THE BUREAU'S ASSIGNED 
RESPONSIBILITIES.  THE BUREAU AGREED THAT IT WOULD NOT 
CREATE A RAPPORTEUR DURING THIS SESSION, BUT RECOGNIZED 
THAT SOME COUNTRIES MIGHT WISH TO RAISE THE ISSUE AGAIN 
AT A LATER DATE. 
 
U.S. STATEMENT 
                       UNCLASSIFIED 
 
PAGE 04        ROME  01380  01 OF 03  011149Z 
-------------- 
5.  AMBASSADOR TONY P. HALL DELIVERED THE U.S. OPENING 
STATEMENT.  HE EMPHASIZED THAT THE IGWG SHOULD FOCUS ON 
PRACTICAL STEPS THAT COULD BE TAKEN BY GOVERNMENTS AND 
OTHER ACTORS TO ACHIEVE NATIONAL FOOD SECURITY.  THESE 
INCLUDE:  INCREASING AGRICULTURAL PRODUCTIVITY; CREATING 
AN ENABLING ENVIRONMENT; PROMOTING TRANSPARENT AND 
ACCOUNTABLE GOVERNMENT; BOOSTING AGRICULTURAL SCIENCE AND 
TECHNOLOGY; DEVELOPING DOMESTIC MARKET AND INTERNATIONAL 
TRADE OPPORTUNITIES; SECURING PROPERTY RIGHTS AND ACCESS 
TO FINANCE; ENHANCING HUMAN CAPITAL; PROTECTING THE 
VULNERABLE; ADVANCING THE STATUS OF WOMEN; AND 
MAINSTREAMING A GENDER PERSPECTIVE IN NATIONAL 
INSTITUTIONS, POLICIES, AND BUDGETS AROUND THE WORLD. 
 
6.  THE U.S. STATEMENT NOTED THAT THE UNITED STATES 
BELIEVED THAT THE ATTAINMENT OF THE RIGHT TO AN ADEQUATE 
STANDARD OF LIVING WAS A GOAL OR ASPIRATION TO BE 
REALIZED PROGRESSIVELY THAT DID NOT GIVE RISE TO 
INTERNATIONAL OBLIGATIONS OR DOMESTIC LEGAL ENTITLEMENT; 
NOR DID IT DIMINISH THE RESPONSIBILITIES OF NATIONAL 
GOVERNMENTS TOWARD THEIR CITIZENS.  THE UNITED STATES 
 
                       UNCLASSIFIED 
 
                           UNCLASSIFIED     PTQ1705 
 
PAGE 01        ROME  01380  02 OF 03  011149Z 
ACTION IO-00 
 
INFO  LOG-00   AID-00   AMAD-00  CIAE-00  COME-00  INL-00   WHA-00 
      SRPP-00  EB-00    EUR-00   UTED-00  FDRE-01  TEDE-00  INR-00 
      NSAE-00  OES-00   OIC-02   SS-00    TEST-00  TRSE-00  R-00 
      ECA-00   SAS-00     /003W 
                  ------------------4E3DF0  011150Z /38 
R 011148Z APR 03 
FM AMEMBASSY ROME 
TO SECSTATE WASHDC 9053 
USDA FAS WASHDC 2604 
INFO USMISSION GENEVA 
USMISSION USUN NEW YORK 
AMEMBASSY MEXICO 
 
UNCLAS SECTION 02 OF 03 ROME 001380 
 
SIPDIS 
 
FROM FODAG 
 
MEXICO CITY FOR BRAKEL 
STATE FOR IO/EDA KOTOK 
USAID FOR RALPH CUMMINGS 
 
E.O. 12958:  N/A 
TAGS:  AORC, KUNR, FAO 
SUBJECT: FAO RIGHT TO FOOD WORKING GROUP: REPORT OF FIRST 
SESSION 
 
REPEATEDLY EMPHASIZED THAT FOCUSING ON A THEORETICAL 
                       UNCLASSIFIED 
 
PAGE 02        ROME  01380  02 OF 03  011149Z 
"RIGHT TO FOOD" WOULD DISTRACT FROM ACHIEVING NATIONAL 
FOOD SECURITY. 
 
RIGHT TO FOOD OR RIGHT TO ACCESS TO FOOD? 
---------------------------------------- 
7.  ALMOST EVERY STATEMENT BY GOVERNMENTS, NGOS, AND UN 
REPRESENTATIVES (EXCEPT FOR WFP) SUPPORTED THE "RIGHT TO 
FOOD."  HOWEVER, ON EXAMINATION, MOST STATEMENTS REALLY 
DEALT WITH THE "RIGHT TO ACCESS TO FOOD" RATHER THAN THE 
"RIGHT TO FOOD" PER SE.  THE EU STATEMENT INCLUDED 
PRACTICAL MEASURES THAT SHOULD BE TAKEN TO ACHIEVE FOOD 
SECURITY SUCH AS THE NEED FOR GOOD GOVERNANCE; ADDRESSING 
FOOD SECURITY AS PART OF OVERALL NATIONAL POVERTY 
REDUCTION STRATEGIES; EMPHASIZING GOVERNMENTS' OBLIGATION 
TO RESPECT AND PROTECT PEOPLE'S ABILITY TO FEED 
THEMSELVES; ACCESS TO PRODUCTIVE RESOURCES; THE ROLE OF 
CIVIL SOCIETY IN DEVELOPING FOOD SECURITY STRATEGIES; THE 
NEED FOR COOPERATION AMONG THE NATIONAL GOVERNMENT, LOCAL 
GOVERNMENTS, NGOS, AND THE PRIVATE SECTOR. 
 
JUSTICIABILITY AND INTERNATIONAL DIMENSIONS 
------------------------------------------- 
8.  SOME GOVERNMENTS AND NGOS SUPPORTED AN INDIVIDUAL 
"RIGHT" IN THE FULL SENSE OF THE WORD (I.E. INDIVIDUALS 
COULD TAKE LEGAL MEASURES AGAINST THEIR GOVERNMENTS IF 
THEY DO NOT PROVIDE ADEQUATE FOOD) AND "INTERNATIONAL 
OBLIGATIONS" (I.E. INDIVIDUALS OR STATES COULD TAKE LEGAL 
MEASURES AGAINST DEVELOPED COUNTRIES WHEN THEIR NATIONAL 
GOVERNMENTS FAIL TO PROVIDE ADEQUATE FOOD). SPEAKING IN 
SUPPORT OF NATIONAL AND INTERNATIONAL JUSTICIABILITY WERE 
THE UN SPECIAL RAPPORTEUR ON THE RIGHT TO FOOD, THE 
                       UNCLASSIFIED 
 
PAGE 03        ROME  01380  02 OF 03  011149Z 
OFFICE OF THE UN HIGH COMMISSIONER FOR HUMAN RIGHTS AND 
SWITZERLAND AND NORWAY (WHO MADE JOINT STATEMENTS). OTHER 
COUNTRIES AND REGIONS WHICH SPOKE IN SUPPORT OF 
JUSTICIABILITY WERE ZIMBABWE (SPEAKING FOR THE AFRICAN 
REGION), UGANDA AND SOUTH AFRICA (RTF IS INCLUDED IN 
THEIR CONSTITUTIONS), MALI, BANGLADESH AND DOMINICAN 
REPUBLIC (WHO PROPOSED THAT THE VOLUNTARY GUIDELINES LEAD 
TO A BINDING CODE OF CONDUCT). WHEN THE DOMINICAN 
REPUBLIC DELEGATE SPOKE ON BEHALF OF GRULAC, HE WAS MORE 
MODERATE AND SAID THAT GOVERNMENTS NEEDED GUIDANCE FROM 
THEIR CAPITALS. 
 
9.  THE G-77 ALSO STRONGLY SUPPORTED THE NEED TO INCLUDE 
AN INTERNATIONAL DIMENSION AND INCLUDE INTERNATIONAL 
RESPONSIBILITIES. 
 
10.  CANADA AND RUSSIA STATED THAT THE VOLUNTARY 
GUIDELINES SHOULD NOT ADDRESS INTERNATIONAL OBLIGATIONS 
OR JUSTICIABILITY.  THE EU WRITTEN SUBMISSION STATED THAT 
THE GUIDELINES SHOULD NOT ADDRESS INTERNATIONAL 
OBLIGATIONS AND WAS SILENT ON THE ISSUE OF 
JUSTICIABILITY.  BRAZIL STATED THAT THE IGWG NEEDED TO 
RECOGNIZE THAT COUNTRIES HAD DIFFERENT LAWS AND DIFFERENT 
RESOURCE BASES AND ARGUED THAT THE IGWG COULD NOT IMPOSE 
ANY OBLIGATIONS ON COUNTRIES BUT MUST RESPECT NATIONAL 
SOVEREIGNTY. 
 
11.  COMMENT: IT WAS CLEAR FROM INFORMAL DISCUSSIONS WITH 
DELEGATES THAT THE NOTION OF "JUSTICIABILITY" WAS POORLY 
UNDERSTOOD.  FOR MOST DEVELOPING COUNTRIES, 
JUSTICIABILITY IMPLIED INTERNATIONAL OBLIGATIONS AND NOT 
                       UNCLASSIFIED 
 
PAGE 04        ROME  01380  02 OF 03  011149Z 
NATIONAL OBLIGATIONS.  COUNTRIES PARTY TO THE COVENANCT 
ON ECONOMIC, SOCIAL AND CULTURAL (ESC) RIGHTS WERE NOT 
CLEAR WHAT THE RELATIONSHIP OF THE VOLUNTARY GUIDELINES 
WOULD BE TO THEIR LEGALLY BINDING OBLIGATIONS UNDER THE 
COVENANT.  WHILE COMMENT 12 OF THE COMMITTEE ON ESC 
RIGHTS WAS WIDELY SUPPORTED AS A BASIS FOR THE VOLUNTARY 
GUIDELINES, THE FACT THAT COMMENT 12 INCLUDES 
JUSTICIABILITY WAS ALSO NOT RECOGNIZED.  MANY NGO'S 
ARGUED FOR A LEGALLY BINDING RIGHT TO REINFORCE A GENERAL 
HUMAN RIGHTS BASED APPROACH TO DEVELOPMENT, WHICH 
EMPHASIZES THAT INDIVIDUALS HAVE RIGHTS AND GOVERNMENTS 
HAVE OBLIGATIONS TO THEIR CITIZENS.  END COMMENT. 
 
12.  OTHER ISSUES THAT RECEIVED ATTENTION WERE: WHETHER 
THE RTF INCLUDES THE RIGHT TO SAFE DRINKING WATER AND 
WHETHER THE RTF TAKES PRIORITY OVER OTHER INTERNATIONAL 
OBLIGATIONS. 
 
13.  AT THE REQUEST OF MEMBERS THE SECRETARIAT PREPARED A 
DRAFT WORKING DOCUMENT HIGHLIGHTING THE MAIN AREAS OF 
CONVERGENCE AND DIVERGENCE.  THE GROUP DISCUSSED THE 
DRAFT WORKING DOCUMENT AND PRESENTED COMMENTS AND 
 
                       UNCLASSIFIED 
 
                           UNCLASSIFIED     PTQ1704 
 
PAGE 01        ROME  01380  03 OF 03  011149Z 
ACTION IO-00 
 
INFO  LOG-00   AID-00   AMAD-00  CIAE-00  COME-00  INL-00   WHA-00 
      SRPP-00  EB-00    EUR-00   UTED-00  FDRE-01  TEDE-00  INR-00 
      NSAE-00  OES-00   OIC-02   PER-00   IRM-00   SS-00    TEST-00 
      TRSE-00  ECA-00   SAS-00     /003W 
                  ------------------4E3DF7  011150Z /38 
R 011148Z APR 03 
FM AMEMBASSY ROME 
TO SECSTATE WASHDC 9054 
USDA FAS WASHDC 2605 
INFO USMISSION GENEVA 
USMISSION USUN NEW YORK 
AMEMBASSY MEXICO 
 
UNCLAS SECTION 03 OF 03 ROME 001380 
 
SIPDIS 
 
FROM FODAG 
 
MEXICO CITY FOR BRAKEL 
STATE FOR IO/EDA KOTOK 
USAID FOR RALPH CUMMINGS 
 
E.O. 12958:  N/A 
TAGS:  AORC, KUNR, FAO 
SUBJECT: FAO RIGHT TO FOOD WORKING GROUP: REPORT OF FIRST 
SESSION 
 
CORRECTIONS TO THE SECRETARIAT EFFORT.  THE U.S. 
                       UNCLASSIFIED 
 
PAGE 02        ROME  01380  03 OF 03  011149Z 
CRITICIZED THE DRAFT WORKING DOCUMENT AND REQUESTED THAT 
COMMENTS BE TAKEN INTO CONSIDERATION IN THE NEXT DRAFT. 
U.S. CORRECTIONS INCLUDED THE FOLLOWING: 
 
-- THE DRAFT WORKING DOCUMENT REFERRED TO "EXISTING LEGAL 
OBLIGATIONS REGARDING THE RIGHT TO ADEQUATE FOOD."  THERE 
ARE NO SUCH EXISTING LEGAL OBLIGATIONS. 
-- THE U.S. COULD NOT SUPPORT USING GENERAL COMMENT 12 OF 
THE COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS 
AN AUTHORITATIVE INTERPRETATION OF THE RIGHT TO ADEQUATE 
FOOD. 
 
THE DRAFT WORKING DOCUMENT DID NOTE THAT THERE WAS NO 
CONVERGENCE ON THE QUESTION OF JUSTICIABILITY AND THE 
INTERNATIONAL DIMENSION. 
 
14.  THE IGWG APPROVED A SHORT REPORT OF THE MEETING 
WHICH THE BUREAU (ACTING AS AN AD-HOC DRAFTING COMMITTEE) 
HAD WORKED ON AND AGREED TO BEFORE PRESENTATION TO THE 
PLENARY. 
 
FUTURE ORGANIZATION OF WORK 
--------------------------- 
15.  THE IGWG AGREED THAT MEMBERS AND STAKEHOLDERS COULD 
CONTINUE TO SEND SUBMISSIONS UNTIL APRIL 7, AFTER WHICH 
THE SECRETARIAT WOULD FINALIZE A SYNTHESIS REPORT OF 
SUBMISSIONS.  THE FINALIZED SYNTHESIS REPORT WILL BE 
APPROVED BY THE BUREAU AND SENT TO THE FAO COMMITTEE ON 
FOOD SECURITY IN MAY 2003 ALONG WITH THE IGWG REPORT. 
 
16.  THE BUREAU WILL PREPARE A FIRST DRAFT OF THE 
                       UNCLASSIFIED 
 
PAGE 03        ROME  01380  03 OF 03  011149Z 
VOLUNTARY GUIDELINES (USING THE REVISED "WORKING 
DOCUMENT" FOR INSPIRATION) IN DUE TIME FOR SUBMISSION TO 
THE SECOND SESSION OF THE IGWG (TENTATIVELY SCHEDULED FOR 
THE LAST WEEK OF SEPTEMBER 2003).  THE THIRD SESSION WILL 
LIKELY OCCUR IN MARCH 2004.  IT IS ANTICIPATED THAT THE 
IGWG WILL COMPLETE ITS WORK BY SEPTEMBER 2004. 
 
17.  IT WAS DECIDED THAT THE BUREAU WOULD REVIEW 
PROPOSALS FOR INTERSESSIONAL ACTIVITIES, SUBJECT TO THE 
AVAILABILITY OF RESOURCES, AS WELL AS WORK CLOSELY WITH 
THE SECRETARIAT ON ITS PROPOSED PROGRAM OF WORK.  THE 
U.S. INTERVENTION SUGGESTED LOOKING AT BEST PRACTICES AND 
PRACTICAL STEPS TO PROMOTE FOOD SECURITY IN SPECIFIC 
COUNTRIES AND IN GENERAL DEEPEN UNDERSTANDING OF IDEAS 
WHERE THERE WAS BROAD CONVERGENCE.  OTHER MEMBERS SAW THE 
INTERSESSIONAL ACTIVITIES AS AN OPPORTUNITY TO DELVE INTO 
ISSUES OF DIVERGENCE SUCH AS JUSTICIABILITY AND THE 
INTERNATIONAL DIMENSION. USDEL ARGUED THAT ROME DELEGATES 
WERE NOT HUMAN RIGHTS EXPERTS, AND WERE NOT EXPECTED TO 
ACT AS SUCH: THE RESPONSIBILITY HAD BEEN GIVEN TO ROME 
BECAUSE OF EXPERTISE IN FOOD AND AGRICULTURE AND WE 
SHOULD FOCUS ON OUR AREA OF COMPETENCE. 
 
COMMENT 
------- 
18.  WHILE THE U.S. IS ALONE IN NOT SUPPORTING A "RIGHT 
TO FOOD" WE FEEL THAT WE ARE SUPPORTED BY MANY OECD 
COUNTRIES IN SEEKING A PRACTICAL AND USEFUL OUTCOME WHICH 
IS FOCUSED ON NATIONAL FOOD SECURITY RATHER THAN ON 
JUSTICIABLE, INTERNATIONALLY BINDING OBLIGATIONS. THE 
U.S. IS ALSO WELL POSITIONED IN THAT THE TOR PROVIDE THE 
                       UNCLASSIFIED 
 
PAGE 04        ROME  01380  03 OF 03  011149Z 
BUREAU WITH BROAD DRAFTING POWERS AND OVERSIGHT OVER 
SECRETARIAT ACTIVITIES INTERSESSIONALLY.  THE CHALLENGE 
 
SIPDIS 
WILL BE TO KEEP OTHER ROME DELEGATES FOCUSED ON "NATIONAL 
FOOD SECURITY" AND ACHIEVE AN OUTCOME THAT IS (AT LEAST) 
AS GOOD AS THE WORLD FOOD SUMMIT PLAN OF ACTION.   HALL 
 
                       UNCLASSIFIED 
 
> 
 2003ROME01380 - Classification: UNCLASSIFIED