READOUT: NORTH ATLANTIC COUNCIL MEETING FEBRUARY

C O N F I D E N T I A L SECTION 01 OF 05 USNATO 000072 NOFORN SIPDIS E.O. 12958: DECL: 02/18/2019 TAGS: AF PREL NATO SUBJECT: READOUT: NORTH ATLANTIC COUNCIL MEETING FEBRUARY 28, 2009. Classified By: Classified by Deputy Chief of Mission Walter E. Andrusys zyn for reasons 1.4(b) and (d). ¶1. (C/NF) Summary from the NAC Meeting: -- AFGHANISTAN: ISAF Senior Civilian Representative Fernando Gentilini said the Afghan constitution gives no clear guidance on who should govern during the period between the expiration of President Karzai,s mandate on May 22 and the elections on August 20, so the Afghans would need to solve the issue politically. Gentilini said the Afghans, desire for a Military Technical Agreement with NATO is rooted more in the desire for a political, formal, public agreement than a commitment to any specific legal mechanism. The UK Perm Rep briefed on Operation Diesel, a successful counter-narcotics operation in Helmand, but the Spanish and other Perm Reps questioned whether the operation was conducted under ISAF and whether it represented the use of the ISAF,s new counter-narcotics authorities. Ambassador Volker briefed on the President,s DECISION to deploy additional troops to Afghanistan and welcomed Allied inputs into the U.S. Afghanistan-Pakistan policy review. -- BALKANS: The Secretary General (SYG) noted that despite Serbian posturing, the first anniversary of Kosovo,s declaration of independence passed peacefully. Italy announced it was preparing a &rather substantial8 contribution to the Kosovo Security Force (KSF) trust fund. Ambassador Volker expressed concern about the failure to date to attract Serbs for the KSF and stressed the need for Allies to press Belgrade to accept the KSF. -- AFRICA: The Allies decided the upcoming deployment of Standing NATO Maritime Group -1 (SNMG-1) should split its time between counter-piracy operations off the Horn of Africa and earlier scheduled port visits. The SYG noted planning would have to be expedited given the short amount of time before the SNMG-1 sets sail. -- IRAQ: ASYG HOWARD briefed the Council on his recent trip to Baghdad and the plan he worked out with the Iraqis to secure a new legal basis for the NATO Training Mission in Iraq (NTM-I). Only Denmark and Italy responded, both supporting the proposed way forward but urging speed. -- RESPONSE TO TERRORISM: No discussion -- STATEMENTS ON POLITICAL TOPICS: Ambassador Volker updated the Council on events at the UN, noting the upcoming renewal of the United Nations Assistance Mission in Afghanistan (UNAMA) mandate. The Czech PermRep relayed that the recent EU-Russia Foreign Ministers &troika8 meeting in Moscow was only mildly constructive. --AOB: Croatia complained that Slovenia was holding up ratification of its articles of accession to NATO over their maritime border dispute, an issue that they had agreed would not affect NATO or EU accession. The Slovene Perm Rep said the government wants to approve the accession protocols, but if enough signatures were collected calling for a public referendum on the issue; it would be constitutionally bound to hold one. END SUMMARY. ¶2. (C/NF) Afghanistan: Operations Update: Assistant Director of the International Military Staff Operations Division, Maj. Gen. Li Gobbi described the coordinated insurgent attack on government ministries in Kabul on February 11, crediting it to the Haqqani network. Operation Tolo across Afghanistan was slated to expire in March, but will now extend through the Presidential elections in August. The revised operation will include a &condition-based8 rather than &time-based8 end-state, and will focus on elections, pilot integrated district stability programs in five districts, reducing or destroying the operational capacity of insurgents, and USNATO 00000072 002 OF 005 building sustained institutions. The integrated district stability program, a cooperative effort by the Afghan government, ISAF, and UNAMA, will begin in Ghormach (Baghdis),Tagab (Kapisa),Sarobi (Kabul),Arghandab (Kandahar),and Kandahar (Kandahar) districts. ¶3. (C/REL ISAF) Senior Civilian Representative on What Happens in May: ISAF Senior Civilian Representative (SCR) Fernando Gentilini visited the Council and said there are three possible scenarios following the expiration of Afghan President Karzai,s constitutional authority on May 22. Karzai could remain in power as the result of a power sharing arrangement with the political opposition, Karzai could remain in power without a clear &deal8 with the opposition, or a different mechanism (a care-taker or transitional government) could emerge from political compromise. The SCR said the constitution gives no clear guidance on who should govern an interim pre-election period, so the Afghans will need to solve the issue politically. The key question, he added, is whether a weakened Karzai is capable of making a deal with an equally weak opposition and weak Parliament. ¶4. (C/REL ISAF) Ambassador Gentilini said that for the first time the Afghan government, UNAMA, and ISAF are demonstrating implementation of the &integrated approach,8 by planning joint efforts in five critical districts. Second, the Provincial Reconstruction Team (PRT) Executive Steering Group will help bring PRT activities into alignment with Afghan government plans, goals, and budgets, and the broader political and development processes. Finally, the SCR applauded recent improvements in the international community,s procedures for dealing with civilian casualties. Gentilini acknowledged that the reporting gap between ISAF and UN numbers of civilian casualties is problematic -- while ISAF,s figures may be precise, competing numbers from the UN that portray a worse situation negatively affect the public,s perception.. He said the discrepancies are due to differences in information collection methodology. He is skeptical that ISAF and UN numbers can be fully synchronized in Kabul. ¶5. (C/REL ISAF) The Politics of a Military Technical Agreement: The Norwegian Ambassador asked whether a NATO-Afghan agreement similar to the recent McKiernan-Wardak agreement on counter-terrorism operations might suffice in lieu of a military technical agreement. The SCR, like Kai Eide in the PermReps, Coffee on February 17, noted that the Afghans, proposal seems rooted in the desire for a political, formal, public agreement than a commitment to a specific legal mechanism. According to Gentilini, the Afghans are flexible about the language of an agreement, but still want to see a NATO response that addresses the government,s concerns and accounts for the improved capacity and ability of Afghan security forces to participate in operations. Gentilini said the Afghans also want NATO to respond to requests made by Atmar during his December presentation to the Council. Wardak will deliver a positive message at the Defense Ministers, meeting in Krakow February 19-20, but expects ISAF to do more to support the Afghan army and fully implement the Budapest counter-narcotics decision. ¶6. (C/REL ISAF) Elections: The SCR said local issues will probably dominate election campaign politics, but civilian casualties and the proposed military technical agreement will probably come up. He said successful presidential elections could go a long way to boosting the population,s morale. Speculations abound about potential candidates, but it is difficult to judge their capacity to challenge Karzai. The election is not the objective in itself, Gentilini concluded, the real goal is a successful process that produces a result that is accepted by the population. ¶7. (C/REL ISAF) Police Model Not Adequate: The Canadian Ambassador asked whether the current police training model is sufficient. The SCR said this question was also circulating in Kabul circles, including among prominent Afghan ministers USNATO 00000072 003 OF 005 who agreed that the &machine we have in place is not adequate to the magnitude of the challenge.8 Responding to another question, Gentilini said that an integrated border strategy would be useful, and should aim to contain Pakistani militant activity. ¶8. (C/REL ISAF) Counter-Narcotics Operation Diesel: The UK Ambassador described Operation Diesel, conducted by Task Force Helmand and Afghan counter-narcotics forces February 6-11. The operation involved 700 UK and Afghan forces who were air-lifted into a remote location where they seized 1,300 kilograms of opium and 125 liters of acetic anhydride. The chemical alone was worth half a million dollars, and this volume could have produced over 400 kilograms of processed heroin. The operation also resulted in 19 insurgents killed, four arrested, and two civilians lightly wounded. Questions among Permanent Representatives, especially Spain, lingered over whether the operation was &ISAF8 or &bilateral.8 The Chairman of the Military Committee said he had only generic information from the Chain of Command about the operation, but would clarify if the operation was technically ISAF or not. The UK presented the operation as &an example of operationalizing the Budapest policy,8 and underscored the importance of careful and joint planning, good intelligence, and quick reaction. ¶9. (C/REL ISAF) Volker Delivers Points on Strategic Review: Ambassador Volker delivered the message about the strategic review process, noting that Allied input is welcome. He also spoke about the President,s announced troop increases, and asked Allies to consider their own contributions to elections support, Operational Maneuver and Liaison teams, and expanding the Afghan National Army Trust Fund. He explained that Special Representative Holbrooke on his recent trip to India and Pakistan noted that both nations for the first time seem to perceive a common enemy ) terrorism. -------------- Balkans -------------- ¶10. (C/NF) Balkans: The SYG noted that despite Serbian posturing, the first anniversary of Kosovo,s declaration of independence passed peacefully as the Kosovo Albanians had demonstrated restraint on the occasion. KFOR and the EU Rule of Law Mission in Kosovo (EULEX) are monitoring the situation closely. The SYG reported that UN Mission in Kosovo (UNMIK) SRSG Zannier stressed to NATO officials this week the need for KFOR to maintain its current force levels in Kosovo. ¶11. (C) Italy announced it was preparing a &rather substantial8 contribution to the Kosovo Security Force (KSF) trust fund. Chairman of the Military Committee (CMC) Admiral Di Paola said the civilian recruitment campaign for the KSF ended on February 14. There were roughly 5,000 applications*including 117 minorities of which only six are Serbs*for some 300 KSF slots. The screening process will begin on February 23. Ambassador Volker expressed concern about the failure to attract Serb applicants and stressed the need for a robust recruiting effort as well as the necessity of pressing Serbia to accept the KSF as a practical matter. ¶12. (C) The UK PermRep, supported by Ambassador Volker, asked the International Military Staff (IMS) to clarify KFOR plans to recruit additional former Kosovo Protection Corps (KPC) members into the KSF. Assistant Director of the IMS Operations Division Major General Li Gobbi said he intended to provide this information during the Policy Coordination Group on February 20 but would circulate a report to the Council on February 18. -------------- Africa -------------- ¶13. (C/NF) Africa: The SYG pushed for a DECISION on the USNATO 00000072 004 OF 005 upcoming deployment of Standing NATO Maritime Group-1 (SNMG-1) and Perm Reps agreed to the option that would have the Group split its time between counter-piracy work off the Horn of Africa and scheduled port visits. The SYG said planning would go forward on a fast-track basis because there is not enough time for the normal procedures. France asked that it be noted in the minutes that the fast-track planning was a one-off and does not set a precedent. Canada lamented that because of the slow NAC decision-making process, its frigate may not be able to do both parts of the split mission. Germany said its frigate and oiler would have to leave SNMG-1 during the counter-piracy part of the mission and join the EU,s operation ATALANTA, because the Bundestag only authorized anti-piracy deployments under ATALANTA. Ambassador Volker urged that planners design the split mission to maximize the number of days on the counter-piracy tasks. -------------- Iraq -------------- ¶14. (C/NF) Iraq: Briefing on his trip to Baghdad, ASG HOWARD said that the GOI is very grateful for the NATO Training Mission in IRAQ (NTM-I) and considers it only second to the U.S. relationship in importance. The GOI is prepared to consider going back to the Iraqi Council of Representatives (COR) to address the jurisdictional treatment of NTM-I personnel, but would not do so immediately. In the interim, the NATO legal advisor adheres to his position that the December exchange of letters with National Security Advisor Rubaie, which said NTM-I personnel would enjoy protections equivalent to those in the U.S.-Iraq SOFA, was still valid and binding under international law. HOWARD said that as an immediate next step, the GOI is ready to conclude a MOU which would spell out NTM-Is role, establish consultative mechanisms, and define agreed NTM-I facilities, but would be silent on jurisdiction. Following that, NATO would pursue a longer-term agreement that would cover the period beyond July 31st which would address issues of jurisdiction, and would be sent to the COR for approval. The goal would be to have this agreement in place by no later than July 31, 2009 -- the expiration of the exchange of letters. HOWARD said he plans to consult with those Allies who have said that they need some assurances from the Iraqis relating to international human rights accords (this is the death penalty issue, inter alia). HOWARD said these concerns could be addressed in a letter to NATO from the Iraqi President. ¶15. (C/NF) In reply to Howard,s briefing, Italy said it would support this way ahead and Denmark said it , too, would do so, however its personnel would remain in Naples until the issues were resolved. No other Allies spoke. There will be a PCG committee next week in which HOWARD will seek Allied input on the draft MOU. ¶16. (C/NF) Response to Terrorism: no discussion -------------- Statements on Political Subjects -------------- ¶17. (C/NF) Statements on Political Subjects: Ambassador Volker updated the NAC on developments in the UNSC, reporting on the recent UN Security Council meetings on the situation in the Middle East, and noting that in March the Security Council will discuss Kosovo and the renewal of mandate of the United Nations Assistance Mission in Afghanistan (UNAMA). The Czech PermRep relayed that the recent EU Foreign Ministers &troika8 meeting in Moscow was only mildly constructive, and the EU continued to press Russia to abide by the commitments made in the 12 August cease fire agreement. -------------- Any Other Business -------------- ¶18. (C/NF) Any Other Business: Greece, Luxembourg, Portugal, USNATO 00000072 005 OF 005 and Iceland announced that their parliaments had ratified the accession protocols for Croatia and Albania to become NATO members. The Croatian Perm Rep complained that Slovenia was holding up ratification of its protocols of accession over the maritime border dispute between Croatia and Slovenia, a bilateral issue the two countries had agreed would not be linked to Croatia,s NATO or EU accession. The Slovene Perm Rep said the government wants to approve the accession protocols, but if enough signatures were collected calling for a public referendum on the issue; it would be constitutionally bound to hold one. ANDRUSYSZYN