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