Cablegate: Unesco Cultural Expressions Convention: France Takes

This record is a partial extract of the original cable. The full text of the original cable is not available.

151654Z Jun 06

UNCLAS PARIS 004096

SIPDIS

FROM USMISSION UNESCO PARIS

STATE PLEASE PASS U/S E, IO (PDAS), EB, L/EB, L/UNA
AND USTR FOR BALASSA/MCCOY

NSC PASS TO BWILLIAMS-MANIGAULT

E.O. 12958: N/A
TAGS: UNESCO FR ECON ETRD EU
SUBJECT: UNESCO CULTURAL EXPRESSIONS CONVENTION: FRANCE TAKES
INITIAL STEP TOWARDS RATIFICATION

1. (U) On June 8, in a unanimous vote across all party lines, the
French National Assembly approved the UNESCO Convention on the
Protection and Promotion of the Diversity of Cultural Expressions
(also known as the cultural diversity convention, which was adopted
by vote at UNESCO in October, 2005 over the United States' strong
objection). The Convention now moves to the French Senate for
action. Following the Senate's virtually inevitable approval, the
Convention then goes to President Chirac's desk for promulgation
into law. In addressing the Assembly, the rapporteur of the
Foreign Affairs Committee stated that "As a sign of the political
importance the French Government attaches to this instrument, the
Government chose a parliamentary ratification process, although that
course was not legally required."

2. (U) Under the Treaty that established the European Community,
France's ratification, standing alone, is not enough to bring the
Convention into force in France. (The same rule also applies to
national ratifications for all other European Union Member States.)
Under European Community law, a convention of this nature requires
"joint ratification" by both the Community and EU Member States.

3. (U) Hence, while the National Assembly's approval is an important
first step toward French national ratification of the Cultural
Expressions Convention, it represents only one of several important
steps yet to be taken before the Convention enters into force in
France or elsewhere in Europe. In keeping with its strong advocacy
at UNESCO on behalf of the Convention, France is likely to be one of
the first, if not the first, European Union Member State to complete
its national ratification procedures. The French National
Assembly's approval comes only a week before the European Union
Summit (June 15-16) and will enable France during that forum to
point to its positive action on the Convention.

4. (U) The Convention provides that at least 30 instruments of
ratification must be deposited at UNESCO before the instrument can
enter into force. Thus far, Canada and Mauritius are the only two
States to have deposited their ratification instruments with UNESCO.

5. (U) On several occasions during the National Assembly debate,
speakers alluded to the United States' strong opposition to the
Convention, sometimes to highlight the Convention's adoption as a
major victory for French over U.S. diplomacy. Others noted that,
despite U.S. opposition, the Convention stands as a novel
international legal instrument that was needed to restrain
globalization, the WTO, and "Anglo-Saxon" free market economics.
Two speakers highlighted the urgency of securing the 30 instruments
of ratification needed, in order to counter "U.S pressure on a
number of States to prevent them from ratifying the Convention and
to instead conclude bilateral conventions on the liberalization of
cultural goods and services."

6. (U) The transcript of the debate can be found at
http://www.assemblee-nationale.fr/12/rapports /r3088.asp

7. (U) Comment: Careful monitoring of the piecemeal evolution of
national ratification procedures within the community of European
States will require continued vigilance so that U.S. Mission UNESCO,
as well as the U.S. Trade Representative's Office, can respond
effectively when new developments arise regarding the Convention on
the Diversity of Cultural Expressions.
Oliver

© Scoop Media