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Identifier
Created
Classification
Origin
05DARESSALAAM374
2005-02-18 12:58:00
CONFIDENTIAL
Embassy Dar Es Salaam
Cable title:  

TANZANIAN VIEWS ON SUDAN TRIBUNAL, AU COURT

Tags:   PREL  KAWC  PHUM  SU  TZ 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
						C O N F I D E N T I A L SECTION 01 OF 02 DAR ES SALAAM 000374 

SIPDIS

E.O. 12958: DECL: 2/18/15
TAGS: PREL KAWC PHUM SU TZ
SUBJECT: TANZANIAN VIEWS ON SUDAN TRIBUNAL, AU COURT

REFS: A) STATE 29467; B) DAR ES SALAAM 206;
C) DAR ES SALAAM 042

Classified by Charge d?Affaires Michael S. Owen for
reasons 1.4 (b) and (d).



1. (U) Charge met on February 18 with Ambassador Pastor
Ngaiza, Acting Permanent Secretary of the Foreign
Ministry, to deliver ref A demarche on the Sudan
tribunal. Both the Foreign Minister and Deputy Minister
were traveling outside of Dar es Salaam and unavailable.
Charge left a copy of ref A, paragraph 6 talking points
with Ngaiza, who promised to pass them on to the Minister
when he returns to Dar next week.



2. (C) Charge voiced deep US concern over continuing
atrocities in Darfur, and the need for rapid action to
stop the violence, help the victims, and bring to justice
those responsible for the violence. He reiterated our
strong preference for a joint UN-AU tribunal that could
share the infrastructure of the ICTR in Arusha, and
outlined the advantages of this approach. Charge
referred to the decision made in the January AU summit in
Abuja to locate the AU Court of Justice in the Eastern
region, and solicited Ngaiza?s views on whether Tanzania
is considering hosting the court.



--------------------------


AU Court of Justice


--------------------------





3. (C) Referring first to the location of the AU Court
of Justice, Ngaiza said the GOT had not really focused on
this issue, in part because prior to the Abuja summit the
Tanzanians had assumed the Court would go to the Southern
region. According to Ngaiza, the GOT had been
?surprised? by the decision to locate the Court in East
Africa. He said he believed the GOT would indeed be
interested in applying to host the Court in Arusha, but
no firm decision had been made, and the issue has not
even been seriously discussed within the Foreign
Ministry. Ngaiza said he understood Mauritius was also
interested in hosting the court. He also noted that in
last year?s UNGA, during a discussion of the ICTR, the
Tanzanian delegation had specifically requested that
consideration be given as to how best to utilize the
facilities at Arusha once the ICTR is disbanded in 2008.



--------------------------


Darfur Tribunal


--------------------------





4. (C) On the issue of the Darfur tribunal, Ngaiza
stuck to the previously-enunciated party line (ref B),
that such a tribunal would be very welcome in Arusha, but
the GOT would support its creation if and only if there
was already a solid consensus for its creation within the
UNSC. Ngaiza strongly emphasized the GOT?s support for
the ICC, and unwillingness to do anything that would be
perceived as undermining the ICC. ?On this issue, we
will wait for a consensus to emerge within the Security
Council,? he said.



5. (C) Charge urged Ngaiza to raise the issue of the AU
Court of Justice with his Minister as soon as he returns
to Dar, and to seek a speedy decision on Tanzania?s plans
regarding the court. Ngaiza committed to do so, and to
keep us informed on GOT thinking on this issue.



--------------------------


Comments


--------------------------





6. (C) Comment: Arusha would seem a natural site for
the AU Court of Justice, and we suspect that once senior
officials focus on this issue, interest in making an
application to host the Court will grow. We will
continue to push on this issue.



7. (C) Comment continued: We are concerned by what
appears to be an emerging leadership vacuum in the
Foreign Ministry. Foreign Minister Kikwete is already an
acknowledged candidate for the presidency (party
nominations are announced May 4, and elections are
October 30). As such, he is spending increasing amounts
of time on the campaign trail. Likewise, Deputy Minister
Shareef is running for re-election to parliament, as well
as actively positioning himself for a potential
ministerial portfolio in the next government. If these
trends continue, leadership of the Ministry will
inevitably devolve toward the Permanent Secretary and
Office Directors, most of whom are most notable for
extreme caution and risk avoidance. Even though Ngaiza
promised to follow up on the AU Court issue, Charge will
also seek a meeting with the Foreign Minister when he is
back in Dar to ensure he is focused on this issue. End
comment.

OWEN