CAR NATIONAL DIALOGUE - FIRST COMMISSION RESULTS BOLD, BUT

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SUBJECT: CAR NATIONAL DIALOGUE - FIRST COMMISSION RESULTS BOLD, BUT
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REF: BANGUI 236

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1. (SBU) SUMMARY: On Tuesday, December 16, the Political Issues
and Governance Commission of the CAR's National Dialogue
presented a series of recommendations to Dialogue Chair and
former Burundian President Pierre Buyoya. The resolutions
included the creation of an ad hoc committee of Central African
and international experts to revise and review the current
electoral code, the resubmission of the High Council of
Magistrates Law to the National Assembly, a limitation on
Ministerial portfolios preventing the President from also acting
as Minister of Defense, an audit of major Government Ministries
overseeing commercial sectors, and most notably, the creation of
a government of National Unity following the close of the
Dialogue. Despite the verbal assent to the Commission's
recommendations by President Bozize, the GoCAR has remained
relatively fixed in its defense of its previous actions during
the Dialogue process. Post believes that a Cabinet reshuffle is
certainly in the works for the end of the Dialogue, but that it
may not / not represent all or even many of the parties at the
Dialogue. END SUMMARY


2. (U) On Tuesday, December 16, the Political issues and
Governance Commission of the CAR's National Dialogue finished
their recommendations related to political and governance issues
previously identified by the Dialogue's preparatory committee.
These recommendations sprang from the consensus that developed
from the last week's discussions on this commission. Major
recommendations include:

ELECTIONS


3. (U) The Commission recommended the creation of an ad hoc
committee made of delegates from the inclusive political
dialogue, assisted by international experts to review the
current electoral code and to adapt/conform it to the 2004
Constitution. This review is to be followed by the creation of
an Independent Electoral Commission that will be in charge of
the coming 2010 municipal, legislative and presidential
elections.

RESPECT FOR THE CONSTITUTION


4. (U) In its work, the commission discussed specific cases in
which the constitution was violated by the current regime. The
most recent example was the promulgation of the Law reorganizing
the High Council of Magistrates. A draft of the controversial
law, which was severely criticized by the magistrates'
association, was referred to the Constitutional Court for a
review of its constitutionality. The Constitutional Court
declared that some provisions of this law were unconstitutional.
Instead of sending the draft of this law back to the National
Assembly for a second review, President Bozize signed the law on
October 16, 2008.


5. (U) After a long and passionate debate opposing government
representatives and opposition parties backed by civil society
representatives, the dialogue recommended that this law be sent
back to the National Assembly in order to respect established
procedures. Other recommendations adopted include:

- Immediate establishment of the High Council of Justice
- Immediate limitation on dual mandates, in light of President
Bozize's dual role as President and as Minister of Defense
- Strict respect of the separation of powers as provided by the
2004 Constitution
- Respect of the constitutional provision requiring that high
ranking officials declare their properties

GOVERNMENT

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6. (U) In its most significant decision, the commission
recommended the formation of a new Cabinet where all entities
participating in the inclusive political dialogue would be
represented. This cabinet's missions will be:

- To restore peace and security in the country
- To promote reconciliation among Central Africans
- To promote and reinforce democracy
- To promote economic and social development
- To implement inclusive political dialogue recommendations

GOOD GOVERNANCE


7. (U) The commission recommended audits by independent experts
of the following sectors, including the Government Ministries
overseeing these sectors:

- Financial sector including the Custom Services, Tax Division
and Treasury
- Mining, Forestry and Petroleum sectors, and the Ministry of
Mines and Energy
- Telecommunications, especially licensing to cellular
companies and the management of the country's internet
infrastructure

PROMOTION OF WOMEN


8. (U) In addition to promoting women's participation in the
decision-making process, the commission recommended the
implementation of a 2005 law which recommended that women
constitute 30% of government offices and major political
parties. The commission also returned to another 2005 law which
allowed for public funding for political parties, including
opposition parties in CAR, and guaranteed their access to public
media outlets.

FOLLOW-UP FOR THE DIALOGUE


9. (U) Finally, the commission recommended a follow-up mechanism
through the setting up of a Follow-up Committee of the inclusive
political dialogue recommendations. This follow up committee
will be made of representatives from the inclusive political
dialogue, as well as international partners such as the UN,
European Union, Economic Commission of Central African States,
CENSAD, CEMAC and the ad hoc Committee for Central African
affairs. The Follow-up Committee's goal would be the tracking
and implementation of the inclusive political dialogue's
recommendations.


10. (SBU) COMMENT: The call for a Government of reconciliation
and national unity marks the single strongest appeal within the
Commission's work, and was seconded by President Bozize himself
in the media the following day. In addition, the commission's
recommendation that the Government resubmit the Magistrate's law
reform to the National Assembly constitutes a rebuke for the
GoCAR and specifically Minister of Justice Thierry Maleyombo,
who had pushed the law despite concerns on all sides.
Nonetheless, the Commission's recommendations remain just that,
recommendations, and the President's agreement to a National
Unity Government remains a conciliatory agreement that has not
yet been put into action.


11. (SBU) Most observers in Bangui now expect a Cabinet
reshuffle following the end of the Dialogue, on December 22, but
some have speculated that the President's circle is likely to
grow smaller, not larger. While change looms on the horizon for
the GoCAR, President Bozize and his supporters continue to
publicly support the Dialogue while also vocally defending the

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GoCAR at every debate inside the chamber and without revealing
any new plans or thoughts. Though the rebel groups present at
the Dialogue have presented some claims as to the reasons for
their rebellion, none have shown the political acumen
demonstrated by former President Patasse in his opening day
speech. The opposition, in particular, shocked some with a
vehement speech on the Dialogue's second day that called for the
President's immediate resignation. Whether these groups can be
reconciled together into a coalition government remains to be
seen. END COMMENT
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