MFA NOTE SEEKS TO REGULATE TRAVEL BY DIPLOMATS IN THE CAR

UNCLAS SECTION 01 OF 02 BANGUI 000086

SENSITIVE
SIPDIS

DEPT FOR AF/C
PARIS FOR RKANEDA
LONDON FOR PLORD
AFRICOM FOR KOCH
NAIROBI FOR MSHIRLEY, AKARAS

E.O. 12958: N/A
TAGS: PGOV PREL PHUM PINR CT
SUBJECT: MFA NOTE SEEKS TO REGULATE TRAVEL BY DIPLOMATS IN THE CAR

REF: (09 Bangui 46, 49, 84)


1. (SBU) SUMMARY: On April 20, 2009, Post received a Circular
Diplomatic Note from the Central African Ministry of Foreign
Affairs (MFA) imposing the immediate requirement for
notification to the MFA prior to any travel to areas ``under
tension'' by the foreign diplomatic corps. The Note cited
Article 26 of the Vienna Convention of 1961 as justification,
but did not specify what areas were considered off limits. The
Dean of the Corps is considering a response. This note is
potentially very dangerous as it may set the stage for further
restrictions upon the international community in the run up to
the 2010 elections. END SUMMARY

2. (SBU) The note, dated April 7, 2009, was received on April
20, 2009. While the actual French is a bit ambiguous, the Note:
-- Brings to the attention of the Corps, ``that certain Chiefs
of Mission and their collaborators'... travel frequently to
Central African provinces under tension.''
-- States that while the CARG has always permitted diplomats to
travel freely, Article 26 of the Vienna Convention on Diplomatic
relations gives the Central African Government (CARG) the right
to prohibit or restrict access to zones for reasons of national
security pursuant to the CARG's obligation to protect foreign
diplomats. (Article 26 states: ``Subject to its laws and
regulations concerning zones entry into which is prohibited or
regulated for reasons of national security, the receiving State
shall ensure to all members of the mission freedom of movement
and travel in its territory.'')
The note is almost certainly a reaction to the trips by the
Ambassador to Ndele in February 2009 and Kaga Bandoro in March
2009, and perhaps more specifically, the Ambassador's refusal to
accept the CARG's demand of notification prior to any future
trips.

3. (SBU) A chronology of events:
-- February 12-15, 2009 - Ambassador's trip to Ndele to
investigate claims that the Central African Army (FACA) burned
villages and murdered civilians in an effort to combat rebels
(09 Bangui 46).
-- February 20, 2009 - Ambassador's meeting with President
Bozize. Ambassador informed the President of his findings and
gave Bozize photos of blood stained clothing and a possible
common grave (09 Bangui 49).
-- February 25, 2009 - Ambassador's meeting with MFA Gambi who
expressed the CARG's displeasure with the Ambassador's travels
and asked him to inform them of further travel outside of
Bangui. The Ambassador politely refused the MFA's request.
-- March 3, 2009 - Ambassador met with Presidential Advisor
Kiticki Kouamba who reiterated the concern of the CARG about the
Ambassador's trip to Ndele.
-- March 11, 2009 - Post source confirmed that the FACA colonel
in Ndele was relieved of command for allowing travel north of
Ndele and the FACA communications officer was given a 40 day
prison sentence for failing to notify Bangui of the Ambassador's
travel.
-- March 26-27, 2009 - Ambassador's party was stopped south of
Kaga Bandoro and forced to return to Bangui. This despite having
mentioned the trip during an office call on the Minister Delegue
of Defense prior to departure (09 BANGUI 84).
- March 29-31, 2009 - POLOFF's trip to Bouar was approved by the
MOD, on condition of a FACA escort.
- April 7, 2009 - Diplomatic Note signed by MFA to all
diplomatic missions requiring that the Ministry be informed of
all travel to areas of ``tension''.

4. (SBU) The CARG has never declared any part of their territory
to be ``under tension'' and the Dean of the Diplomatic Cops
(French Ambassador),is considering seeking clarification as to
which parts of country are off limits/controlled for diplomats.
As currently worded, the Note could be interpreted as a
requirement for notification of all travel outside of Bangui.

5. (SBU) COMMENT: It is unlikely that the CARG has fully
considered the implications of this action, for while
reciprocity by represented countries is unlikely, the Note does
require the CARG to lay bare their lack of control of the
national territory. It may also be a return to old tactics:
President Andre Kolingba, for whom MFA Gambi served as Minister
of Education from 1990-1996, demanded that all diplomats
similarly declare intra-country travel during his rule. This is

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not an encouraging development, as few in the CAR recall
Kolingba's rule with any fondness. Perhaps more ominously, the
French believe that the CARG is using the Ambassador's trip as a
pretext to place further limits upon the international community
in the run up to the 2010 elections. Both realities are cause
for concern as it remains in the interest of the United States
that the 2010 elections proceed smoothly and that the
international community is allowed unfettered access to the
entirety of this unstable state. END COMMENT
COOK