US embassy cable - 03SANTODOMINGO5786

C O N F I D E N T I A L SECTION 01 OF 02 SANTO DOMINGO 005786 
 
SIPDIS 
 
STATE FOR WHA/CAR AND PRM; GENEVA FOR REFUGEE OFFICER 
 
E.O. 12958: DECL: 10/09/2013 
TAGS: DR, IZ, KU, MARR, PREF, PREL 
SUBJECT: MFA LEGAL ADVISER ON REFUGEES, SOFA WITH KUWAIT, 
ARTICLE 98 
 
Classified By: DCM Lisa Kubiske for reasons 1.5 (b) and (d). 
 
1. (C) Summary:  MFA Legal Adviser Jorge Santiago told DCM 
(then-Charge) Kubiske October 9 that his office will begin 
full-time processing of a refugee case backlog before the end 
of the year and will soon submit to UNHCR a list of needed 
technical assistance and training for refugee contingency 
planning.  He also asked about any assistance the USG might 
provide.  DCM pressed Santiago for speedy conclusion of a 
SOFA with Kuwait, in connection with Dominican troops 
deployed in Iraq, but he expressed reservations about the 
Kuwaiti-proposed text.  Embassy followed up with further 
explanation of the SOFA provisions.  DCM also urged 
ratification of the GODR-USG Article 98 agreement, which 
Santiago said is awaiting receipt of comments from other 
government branches and civil society.  End summary. 
 
Refugee Planning and Processing 
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2. (C) The MFA legal adviser, Ambassador Jorge Santiago, in a 
meeting with DCM Kubiske (who was then Charge) and emboffs 
October 9, said he has "reactivated" the interagency National 
Commission on Refugees (CONARE), which he chairs.  CONARE had 
been "inoperative" under the previous administration 
(1996-2000).  He said UNHCR has recently agreed to provide 
technical assistance and training for contingency planning 
for potential massive refugee flows (Note:  From Haiti or 
Cuba.  End note.).  CONARE plans to meet "in a few days" to 
agree on priorities for specific assistance/training 
requirements to submit to UNHCR.  (Note:  In a previous 
meeting with UNHCR reps, CONARE -- after strong urging -- 
agreed to submit this request by October 15.  End note.) 
 
3. (C) Santiago said his office has "three or four" lawyers 
to deal with international legal issues in the MFA, the 
presidency, and other agencies and is swamped with cases. 
Nonetheless, he plans to hire a "qualified" person to review 
refugee petitions full time and is currently recruiting.  His 
goal is to process 200 cases by the end of CY 2003.  (Note: 
Local UNHCR rep Sandrine Desamours had told us previously 
there are "at least 100 cases" awaiting a CONARE decision. 
End note.) 
 
4. (C) The legal adviser said that in addition to UNHCR 
assistance, CONARE would be interested in any USG support 
that might be available.  He said he had discussed this at 
the Department during a recent visit to Washington, when he 
also met with UNHCR.  (Comment:  Embassy will explore 
possibilities.  End comment.) 
 
SOFA with Kuwait 
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5. (C) With regard to the proposed status of forces agreement 
(SOFA) between Kuwait and the Dominican Republic in 
connection with the approximately 300 Dominican troops 
participating in Operation Iraqi Freedom (OIF), Santiago said 
that Kuwaiti comments on the GODR's proposed revisions to the 
draft text had been sent to the Dominican armed forces for 
their consideration.  Santiago posed several objections to 
the Kuwaiti-proposed text.  He also expressed interest in 
more U.S. input to the negotiation.  (Note:  Embassy's 
Military Assistance Advisory Group (MAAG) chief, at a 
follow-up meeting with Santiago on October 10, further 
explained the SOFA provisions.  End note.) 
 
6. (C) DCM urged that the SOFA be concluded within days to 
facilitate planned troop rotations, transit of TDY Dominican 
personnel through Kuwait, and any casualties.  She noted that 
the three other Latin American nations participating in OIF 
had already signed similar SOFAs.  She emphasized that the 
SOFA is a bilateral issue between Kuwait and the Dominican 
Republic and strongly encouraged the GODR to accept the 
Kuwaiti text. 
 
Article 98 Agreement 
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7. (C) DCM urged prompt ratification of the Dominican 
Republic's already-signed Article 98 agreement with the 
United States.  Santiago said he had advised President Mejia 
to submit the agreement to Congress for ratification only 
after comments on the text were received from the Supreme 
Court, Congress, the Dominican Red Cross, and NGOs.  These 
opinions would then be attached to the agreement and sent to 
the President, with a recommendation regarding ratification. 
Santiago offered to send us a copy of a GODR interim internal 
report on the agreement.  DCM reiterated U.S. interest in 
timely ratification.  (Comment:  We will follow up as 
necessary to ensure this happens.  End comment.) 
HERTELL