TANZANIAN VIEWS ON SUDAN TRIBUNAL, AU COURT

C O N F I D E N T I A L SECTION 01 OF 02 DAR ES SALAAM 000381

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