DJIBOUTI: SEEKING UNSC BRIEFING ON

S E C R E T STATE 062585 SIPDIS E.O. 12958: DECL: 06/05/2018 TAGS: UNSC PREL DJ XA XW SUBJECT: DJIBOUTI: SEEKING UNSC BRIEFING ON DJIBOUTI/ERITREA DISPUTE AND POSSIBLE PRST REF: A. DJIBOUTI 482 ¶B. DJIBOUTI 472 Classified By: IO PDAS James B. Warlick for reasons 1.4 b & d ¶1. (S/NF) SUMMARY AND ACTION REQUEST: Over the last several weeks tensions between Eritrea and Djibouti have risen due to an initial Eritrean military build-up along their shared border and Eritrean military incursions into Djiboutian territory. Djibouti responded with its own military build-up along the border. Recent reporting from Embassy Djibouti (Ref A) indicates the rival militaries are only meters apart in some locations. Djibouti has publicly stated that 75% of its military is deployed to the border with Eritrea (about 1000 troops). It is estimated there are a similar number of Eritrean troops in the area. USUN is instructed to seek a Security Council briefing from the UN Secretariat on the Djibouti-Eritrea border situation as soon as possible. USUN is also instructed to share with the French Mission in New York the draft elements of a possible PRST on the situation in Djibouti outlined in paragraph 6 below. USUN should report back results of its conversations with the Secretariat and the French Mission by June 12. END ACTION REQUEST AND SUMMARY. Background -------------- ¶2. (U) Request for UNSC Involvement: The Department is very concerned about the militarization of the Ras Doumeira peninsula. Eritrea has refused to engage bilaterally with the Djiboutians or through the AU, the Arab League, Qatar, or France to resolve the situation. Therefore, we believe it is time for the Security Council to engage on the issue to prevent further escalation of tensions that could lead to conflict, further destabilizing an already unstable region. On May 5, the Djiboutian Minister of Foreign Affairs Mahmoud Ali Youssouf wrote to the Security Council President to alert the Council of the dangerous situation developing along the Djiboutian border with Eritrea. Youssouf stated that since February 2008 there had been a progressive build-up of Eritrean troops along their common border and that there had been several incursions of Eritrean forces into the Djiboutian side of the border. Youssouf noted that the Government of Djibouti (GODJ) resisted all temptations to react forcefully, but instead went on a campaign of "quiet diplomacy" to resolve the situation with Eritrea. These efforts included reaching out to the Eritreans bilaterally at all levels, as well as requesting the assistance of the AU Peace and Security Council and League of Arab States. Youssouf stated all attempts to engage with the Eritreans on the issue have failed. ¶3. (C) Relevant International Agreements: We believe (but cannot confirm) that the 1900 Franco-Italian Protocol signed by the colonial governments of France and Italy (and now binding on the successor states) is the authoritative legal document relating to the boundary on the Ras Doumeira peninsula and the sovereignty of the Doumeira islands. The Protocol defined the boundary as the watershed ridge passing through the peninsula. It deferred the resolution of the sovereignty of the island to a later date. The parties also agreed that neither party would occupy the island, and that both parties were obliged to challenge any attempt on behalf of a third party to assume control or rights there. ¶4. (C) Previous Djibouti-Eritrea Dispute: Youssouf noted that a similar crisis along the border developed in 1996 when Eritrea circulated a map that incorporated the Ras Doumeira peninsula and adjacent islands into Eritrean territory. The Eritrean map reflected the French cession of the lands, including the peninsula and islands, under the Laval-Mussolini Agreement of 1935, which the two colonial powers ultimately never put into force. In 1996, Djibouti mounted a forceful protest that resulted in the restoration of the status quo. ¶4. (S/NF) Current Dispute: There are two aspects of the current dispute: (1) the militarization of the Ras Doumeira peninsula and Eritrean incursions across the boundary into the Djiboutian side of the peninsula; and (2) occupation by both Djibouti and Eritrea of the strategically located Doumeira island in apparent violation of the 1900 Protocol. -- Ras Doumeira Peninsula: Embassy field reporting of the current situation indicates that the Eritreans had not only crossed the Djiboutian side of the border but were digging trenches there as well. The Eritreans, however, did eventually pull back to their side of the border as defined by the ridgeline. -- Doumeira Island: According to a conversation between Ambassador Symington and FM Youssouf (Ref B),Djiboutian armed forces had occupied the larger offshore island of Doumeira after Eritreans had first entered the island and constructed shelters. In retaliation for the Djiboutian occupation of the island, Eritrean military officials had given the Djiboutians an "ultimatum" to withdraw their forces. Intelligence sources indicate that currently the Eritreans have put up tents and are occupying the northwestern corner of the island. The Eritreans are being resupplied by small boats that remain near the Eritrean settlement on the peninsula. The Djiboutians have also occupied the island, taking defensive positions on hilltops surrounding the Eritreans. They set up two large tents on the southern side of the island near a beach. They are also being resupplied by small boats from the Djiboutian side of the peninsula. If the 1900 protocol is indeed authoritative, it is the U.S. position that both sides are in breach of their obligations and should vacate the island immediately. ¶6. (C) French Equities: France has a mutual defense treaty with Djibouti and is concerned that Eritrean aggression could trigger its obligations to defend Djibouti under that treaty. France also claims that it has not renounced its claim to Doumeira island, a claim that is legally tenuous at best. Due to these concerns, France has been trying to resolve the situation quietly without Council involvement. The French offered to send an envoy to the area to facilitate talks, but the Eritreans rejected this offer. The French have since told us at a senior level that they are now on board with the idea of a Council briefing and a PRST. ELEMENTS OF DRAFT PRST -------------- ¶6. Begin points: -- Express concern over the military build-up along the border between Eritrea and Djibouti and previous Eritrean military encroachment into Djibouti; -- Warn of the risk of additional tensions in a region already fraught with conflict; -- Urge both parties to show maximum restraint, withdraw forces to the status-quo ante, and cooperate and engage in international diplomatic efforts to resolve the matter peacefully and consistent with international law; -- Urge both parties to withdraw completely from the Island of Doumeira; -- Request the Secretary General to use his good offices and reach out to both parties to facilitate bilateral discussions to determine arrangements for decreasing the military presence along the border and to develop confidence-building procedures for future endeavors to resolve the border situation and notification of future military movements. RICE