Identifier
Created
Classification
Origin
09GABORONE963
2009-12-04 08:29:00
CONFIDENTIAL
Embassy Gaborone
Cable title:
SADC ANSWERS PRESIDENTIAL DETERMINATION
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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)
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
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