SECURITY COOPERATION DILEMMA: WITH LABOR PARTY IT

C O N F I D E N T I A L VALLETTA 000537

SIPDIS

E.O. 12958: DECL: 12/14/2019
TAGS: PREL PGOV OVIP PARM MT
SUBJECT: SECURITY COOPERATION DILEMMA: WITH LABOR PARTY IT
MAY BE A NO-GO, WITH RULING NATIONALIST PARTY A SLOW-GO

Classified By: Ambassador Douglas Kmiec, Reasons 1.4(b) and (d)


1. (C) SUMMARY. During a November meeting with U.S.
Ambassador to Malta Douglas Kmiec, Labor Party leader Joseph
Muscat and former Labor government FM George Vella declared
that the country's reactivated membership in PfP was invalid,
as it failed to comply with Malta's Treaties Act. Though
expressing a willingness to accept PfP membership, Muscat's
and Vella's comments also signaled Labor's continuing
opposition to membership in NATO and make Labor Party
acquiescence to any Status of Forces Agreement (SOFA)
doubtful. The party leaders did express their hope for
improved Labor Party relations with the U.S. and the embassy.
A subsequent question by the Ambassador concerning the GOM's
ability to support President Obama's invitation for nations
to contribute to peace and stabilization in Afghanistan has
ignited public debate over the meaning of "neutrality" in the
Maltese constitution and prompted the GOM to suggest a small
step forward in our efforts toward closer security
cooperation and a Status of Forces Agreement. END SUMMARY.


2. (C) In November, Ambassador Kmiec met with Labor Party
(PL) leader Dr. Joseph Muscat, and with former PL leader and
ex-Foreign Minister, George Vella. This was an initial
courtesy call, intended to allow a discussion of issues of
general concern. Muscat welcomed the Ambassador warmly,
saying it was important for PL to improve relations with the
U.S. Embassy and with the USG, adding that any reservations
he had harbored had been "wiped away" by the new U.S.
administration's multilateral approach.


3. (C) During the conversation, the question of whether PL
members would be allowed to participate in an International
Visitors Program (IVP) visit to NATO HQ on the subject of
Mediterranean Dialogue and other NATO-sponsored programs
arose. At this point, former party leader Vella announced
that PL considered Malta's current participation in the
Partnership for Peace (PfP) to be invalid, since Labor had
withdrawn from PfP in 1996, and the current government had no
way to rejoin PfP without parliamentary approval. Vella
added that since the PL government led by then-PM Alfred Sant
had executed a "complete unconditional withdrawal" from PfP
(Vella claimed to have himself approved the letter to NATO in
his capacity as Foreign Minister),it would have been
improper for NATO to have characterized the action as a
suspension, and the current Nationalist Party (NP) led
government could have had no basis for "reactivating" Malta's
membership in PfP.


4. (C) Vella lamented that the current Nationalist Party (PN)
government had "circumvented" Malta's Treaties Act, which
requires either a resolution or other act of Parliament to
ratify any international agreement. PL, Vella indicated, had
come to the conclusion that PfP membership was not contrary
to the neutrality clause of Malta's constitution, and would
have been willing to work with the government to rejoin. PL
remained silent following the government's declaration of
renewed membership, Vella said, because of that belief. It
did not mean that they accepted the act as valid, however.
PL leader Muscat, who had taken a clear second seat to Vella
in the discussion, added that while PL was ready to change,
it could not accept politically being "taken for granted" or
"humiliated."


5. (C) POST COMMENT. PL opposition to NATO membership is a
long-standing position, based on Labor's interpretation of
the neutrality clause in Malta's constitution. However,
Vella's statements that Malta's PfP membership is invalid are
unexpected and troublesome, particularly in view of his
acknowledgment of the PfP's intrinsic value and its
consistency with Labor's goal of neutrality. It appears to
presage continuing PL efforts to focus on partisan advantage
without reference to broader national security objectives.
Hopes for Labor's buy-in for a SOFA agreement - whether PfP
or bilateral - may be a casualty of this attitude. The
meeting also raises the issue of how secure Joseph Muscat's
position as PL leader is. At 35, ex-TV and radio personality
Muscat is the youngest person to have served in his position.
He was elected as leader following PL's defeat in 2008
General Elections, replacing long-time leader Alfred Sant,
who served from 1992-2008. Muscat's ceding the lead in this
discussion of Malta's national security policy to old-line
Labor politician Vella may suggest that he has some way to go
to consolidate party control.


6. (C) Subsequent to this meeting, Ambassador Kmiec used a
public presentation at the Mediterranean Diplomatic Academy
(MEDAC) to ask the question: "What does Malta mean by
Neutrality?" The Ambassador queried: "neutral as to what?"
He speculated that some might see this language as precluding

direct military assistance to the ISAF forces in Afghanistan,
but urged that it "certainly ought not be construed to say
Malta is neutral as to the cost of terrorism." He concluded
by asking, "Will Malta answer the President's call or not?
Will Malta supply humanitarian assistance or technical
assistance in the form of agricultural training or
instruction in the organization of governance?" Later, in an
email communication with the Foreign Minister (Borg),
Ambassador Kmiec urged the GOM to take steps to make it
possible for the U.S. Navy to come to a Maltese port by
signing the PfP/NATO SOFA which is an expected step for PfP
participants. While the Nationalist Party-led government had
no immediate formal response, the Prime Minister's Defense
Advisor and effective Defense Minister, Vanessa Frazier
(PROTECT) said the PfP/NATO SOFA can't be signed without
parliamentary approval, and opined that the PM could not
deliver that. Frazier suggested that the best course would
be to execute the SOFA incrementally by means of dip notes,
and indicated she would contact the Embassy with a proposal
(which would have the approval of the PM's Chief of Staff).


7. (C) Comment: The dip note offer could be a useful interim
step for Malta (if acceptable to Department and USEUCOM) as
it would reacquaint Malta with the value -- economic and
associational -- of ship visits. This approach would also be
compatible with a memorandum prepared by Admiral Stavridis'
staff following Ambassador Kmiec's visit to EUCOM in October
2009 requesting that EUCOM agree to grant SOFA waivers for
scheduling at least 5 or 6 ship visits to keep the matter
alive while good faith SOFA discussions are ongoing.


8. (C) Comment continued: The "outing" of the neutrality
issue seems to have been a watershed moment. There has been
positive editorial commentary noting the Ambassador has
raised an issue necessary for Malta to decide.
Significantly, PL leader (Joseph Muscat) is quoted as saying
that the constitution requires "modernization" going forward,
though he then took away some of the significance of this by
proclaiming the need to act only multilaterally.
KMIEC