SADC ANSWERS PRESIDENTIAL DETERMINATION

C O N F I D E N T I A L SECTION 01 OF 02 GABORONE 000963 SIPDIS STATE FOR L/PM, AF/RSA AND AF/S NSC FOR SENIOR AFRICA DIRECTOR ADDIS ABABA FOR USAU LONDON, PARIS FOR AFRICA-WATCHERS E.O. 12958: DECL: 12/04/2019 TAGS: MASS PREL ETRD EAID SADC ZI BC SUBJECT: SADC ANSWERS PRESIDENTIAL DETERMINATION QUETIONNAIRE REF: A. STATE 7798 ¶B. STATE 18852 Classified By: Classified by Ambassador Nolan Reasons: 1.4 (b,d) ¶1. (C) Summary. In a written submission, the SADC Secretariat told us SADC would not exclude Zimbabwe or Zimbabwean nationals from access to or participation in SADC activities. Recently, we understand French police trained several SADC member state police services -- not Zimbabwe -- to UN standards for PKO deployments. Post suggests testing the Secretariat's willingness to work with the USG on security matters by proposing a program like training for SADC country naval forces, which would by its terms exclude landlocked countries like Zimbabwe. End Summary. ¶1. (SBU) In early March 2009, Embassy Gaborone transmitted information to the SADC Secretariat related to the Presidential Determination (PD) regarding potential future USG defense cooperation with SADC (ref A). The Embassy also transmitted a copy of written questions from the Department concerning End-Use Monitoring Agreements and other legal processes (ref B). On November 17, 2009 Mr. Tanki Mothae, the Director of the SADC Organ on Politics, Defence and Security Affairs, provided written responses to ref B questions. ¶2. (C) The questions and SADC's responses are below. The answers have been transmitted as received, except that Post corrected spelling and capitalization errors. The exact text as received was transmitted to AF (Gwynn) via email. Begin questions and answers. a. Which SADC entity will be responsible for the negotiation of the end-use, retransfer and security agreement with the United States? ANSWER: SADC Secretariat (Executive Secretariat) or Summit depending on the matter in question. b. Which SADC entity(s) will be involved in the approval of such an agreement? ANSWER: Ministerial Committee of the Organ (MCO) and endorsed by the Summit. c. Will the agreement be approved by the SADC Summit (Heads of State or Government)? ANSWER: Yes. d. Will the end-use, retransfer, and security agreement be approved by each SADC Member State? Or, would "consensus" mean only that there is no opposition (abstentions would not hold up the agreement)? ANSWER: It depends on the reasons for the abstentions and the issue at hand. If abstentions are for other reasons other than contesting the agreement, it will not hold up the deal. e. How would SADC establish and enforce end-use, retransfer, and security obligations? ANSWER: Through its legal statutory arrangements. f. May SADC restrict the access to USG-provided articles and services by nationals of designated SADC Member States? ANSWER: Not at all except if such articles and services are based on a need to know principle. g. May the Executive Secretary, as custodian of such items, restrict the access provided to Secretariat employees based upon their nationality? GABORONE 00000963 002 OF 002 ANSWER: Not at all as SADC SecretaQt is for all 15 Member States hence an access to all employees of different nationalities except the need to know principle. h. How would the Secretariat secure articles and services provided by the USG? ANSWER: Through the Organ and Executive Secretary,s office systems. i. Will SADC be able to comply with restrictions on use of articles and assistance provided by the USG? ANSWER: Yes, as long as such articles and services do not attach any political discrimination to any SADC Member State. This will be in line with the provision of the SADC Treaty, Protocols and other related legal instruments. j. Would the agreement resulting in thQimposition of restrictions on access to certain iteQ based on nationality be considered to be compatible with the objectives of SADC and the provisions of the SADC Declaration and Charter? ANSWER: No. k. Has the SADC Tribunal rendered any decisions where issues of nationality or national access to SADC property were raised? If so, please provide copies of the rulings. ANSWER: Not to my knowledge; but if such decisions have been taken, we will advise and provide some detail. l. What measure would SADC take with respect to persons or countries that fail to uphold SADC obligations? ANSWER: Pursue its statutory process as provided for in the treaty of SADC as amended and other legal instruments. ¶3. (C) Comment: The SADC responses are not surprising. We read the responses as saying that SADC will not exclude Zimbabwe or Zimbabwean nationals from having access to any benefits SADC receives pursuant to the PD. Still, we understand that in recent weeks representatives of the French police have trained in Botswana a group of SADC country police forces (not Zimbabwe) to UN PKO standards; this suggests a certain willingness on SADC's part to engage with Western security forces, even if on a limited basis. It could be worthwhile to test SADC's interest in working directly with the USG on security matters by proposing a program that would by definition not include any security forces from Zimbabwe. One such possibility might involve offering low-level training to certain SADC naval forces (e.g., South Africa, Namibia, Angola, Mozambique, Tanzania). As a landlocked state, Zimbabwe would not be eligible for such a program End Comment. NOLAN