UNESCO – United States National Commission Annual Conference

The United States National Commission for UNESCO held its two-day annual conference for commissioners from 1-2 June 2006 in Washington, D.C. This year marks the 60th anniversary of the United Nations Educational, Scientific, and Cultural Organization (UNESCO). The purpose of the meeting was for the commissioners to develop recommendations on issues related to education, science, communications, and culture for consideration as U.S. policy towards UNESCO by the U.S. Department of State. The U.S. Representative to UNESCO and officials from the U.S. Department of State outlined current priorities and policies, as well as the risks associated with the adoption of relatively new treaties, such as the Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Throughout the meeting, the discussions placed emphasis on UNESCO being transformative, not informative.

U.S. Priorities

Ambassador Louise Oliver, the U.S. Representative to UNESCO, told the commissioners that the government’s priorities this year are the same as last year. First, the organization must be reformed to be more decentralized, but such reform cannot occur without accountability. Accordingly, the donor countries must demand increased transparency and accountability. The United States, as the largest donor, is reluctant to increase funds without target goals. More funds for ineffective programs will not solve the problem. Second, normative agreements and instruments that impinge on national sovereignty and local determination should be opposed. Third, the United States needs to strengthen its involvement and influence in the organization. Continued high-level involvement by the United States will narrow the tension over the United States’ withdrawal from the organization from 1984 until 2002. Lastly, qualified individuals from the United States should be encouraged to apply for positions with the organization.

UNESCO’s Role and U.S. Policy

Paula Dobriansky, the Under Secretary for Democracy and Global Affairs at the U.S. Department of State, examined UNESCO’s role in promoting democracy and addressing global issues. In looking at past successes, she highlighted the need for the United States to continue its support of the Tsunami Alert Warning System, the World Heritage program, and the World Digital Library project. In looking forward to new areas, she identified three “nonnegotiable elements of human dignity”: education, media and information, and science and technology. To support these elements, she highlighted the following role for UNESCO, as consistent with U.S. policy:

Empower women at the local and national levels
Facilitate curriculum that instills respect for the rule of law, tolerance, and comparative practices
Promote the free flow of information in the press and on the Internet
Continue professional exchanges
Leverage multiple skills and abilities to address transnational problems
Explore and support public-private partnerships, such as the Iraqi Virtual Science Library

Cultural Expressions Diversity Convention

Since the last meeting of the commissioners, the United States arduously fought against the adoption of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions, a treaty sponsored by France and Canada. The purpose of the convention is to protect a state’s right to the “symbolic meaning, artistic dimension and cultural values originating from or expressing cultural identities” in an era of globalization. Despite strong U.S. lobbying against the treaty, 148 states adopted the convention on 20 October 2005 at the General Conference in Paris. The United States and Israel voted against it. Four countries – Australia, Honduras, Liberia and Nicaragua – abstained. The convention is open for signatures and will enter into force three months after ratification by 30 countries. In June 2006, only two countries were parties to the convention: Canada and Mauritius.

Ambassador Oliver reiterated the United States’ concern that the treaty is internally inconsistent and insufficiently specific. The vagueness of the treaty could permit misuse through misinterpretation, such as an interpretation that supports censorship by foreign governments and arbitrary trade restrictions. Accordingly, the convention could be used as a trade instrument, rather than a cultural instrument, to impose subsidies and quotes on goods and services.

The United States unsuccessfully proposed twenty-eight amendments for adoption, eight of which were intended to strengthen and clarify states’ obligations to respect all other international agreements. Notably, the United States wanted Article 20, which outlines the relationship of the convention to other treaties, to state clearly that nothing in the convention can be interpreted as modifying, or prevailing over, the rights and obligations of parties arising under other international agreements. While section 2 of Article 20 specifies that the convention will not modify existing rights and obligations under other treaties, the United States worried that the “take into account” language of section 1(b) could lead to misinterpretation and inconsistent obligations, particularly with regards to trade agreements.

For additional discussion on the consistency of the convention with the WTO, see the article by Prof. Joost Pauwelyn and comment by Prof. Tomer Broude published in ASIL Insight on 21 November 2005.

V. Relationship to other instruments

Article 20 – Relationship to other treaties: mutual supportiveness, complementarity and non-subordination

1. Parties recognize that they shall perform in good faith their obligations under this Convention and all other treaties to which they are parties. Accordingly, without subordinating this Convention to any other treaty,

(a) they shall foster mutual supportiveness between this Convention and the other treaties to which they are parties; and

(b) when interpreting and applying the other treaties to which they are parties or when entering into other international obligations, Parties shall take into account the relevant provisions of this Convention.

2. Nothing in this Convention shall be interpreted as modifying rights and obligations of the Parties under any other treaties to which they are parties.

(Emphasis added)

Meeting Minutes and Reports

When available, the final meeting minutes of the United States National Commission for UNESCO Annual Conference will be published on its website.

About UNESCO

The United Nations Educational, Scientific and Cultural Organization (UNESCO) was founded in 1945 as a specialized UN agency. It is headquartered in Paris, France. The organization works to diminish poverty, to promote sustainable development, and to help countries build their capacities in education, science, culture and communication. The organization also facilitates the development and adoption of conventions and standards-setting instruments. The conventions are binding under international law.

Resources

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Treaties adopted under the auspices of UNESCO

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