US embassy cable - 05DARESSALAAM374

C O N F I D E N T I A L SECTION 01 OF 02 DAR ES SALAAM 000374 
 
SIPDIS 
 
E.O. 12958:  DECL:  2/18/15 
TAGS: PREL, KAWC, PHUM, SU, TZ 
SUBJECT:  TANZANIAN VIEWS ON SUDAN TRIBUNAL, AU COURT 
 
REFS:  A)  STATE 29467;  B)  DAR ES SALAAM 206; 
C)	 DAR ES SALAAM 042 
 
Classified by Charge d?Affaires Michael S. Owen for 
reasons 1.4 (b) and (d). 
 
1.  (U)  Charge met on February 18 with Ambassador Pastor 
Ngaiza, Acting Permanent Secretary of the Foreign 
Ministry, to deliver ref A demarche on the Sudan 
tribunal.  Both the Foreign Minister and Deputy Minister 
were traveling outside of Dar es Salaam and unavailable. 
Charge left a copy of ref A, paragraph 6 talking points 
with Ngaiza, who promised to pass them on to the Minister 
when he returns to Dar next week. 
 
2.  (C)  Charge voiced deep US concern over continuing 
atrocities in Darfur, and the need for rapid action to 
stop the violence, help the victims, and bring to justice 
those responsible for the violence.  He reiterated our 
strong preference for a joint UN-AU tribunal that could 
share the infrastructure of the ICTR in Arusha, and 
outlined the advantages of this approach.  Charge 
referred to the decision made in the January AU summit in 
Abuja to locate the AU Court of Justice in the Eastern 
region, and solicited Ngaiza?s views on whether Tanzania 
is considering hosting the court. 
 
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AU Court of Justice 
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3.  (C)  Referring first to the location of the AU Court 
of Justice, Ngaiza said the GOT had not really focused on 
this issue, in part because prior to the Abuja summit the 
Tanzanians had assumed the Court would go to the Southern 
region.  According to Ngaiza, the GOT had been 
?surprised? by the decision to locate the Court in East 
Africa.  He said he believed the GOT would indeed be 
interested in applying to host the Court in Arusha, but 
no firm decision had been made, and the issue has not 
even been seriously discussed within the Foreign 
Ministry.  Ngaiza said he understood Mauritius was also 
interested in hosting the court.  He also noted that in 
last year?s UNGA, during a discussion of the ICTR, the 
Tanzanian delegation had specifically requested that 
consideration be given as to how best to utilize the 
facilities at Arusha once the ICTR is disbanded in 2008. 
 
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Darfur Tribunal 
--------------- 
 
4.  (C)  On the issue of the Darfur tribunal, Ngaiza 
stuck to the previously-enunciated party line (ref B), 
that such a tribunal would be very welcome in Arusha, but 
the GOT would support its creation if and only if there 
was already a solid consensus for its creation within the 
UNSC.  Ngaiza strongly emphasized the GOT?s support for 
the ICC, and unwillingness to do anything that would be 
perceived as undermining the ICC.  ?On this issue, we 
will wait for a consensus to emerge within the Security 
Council,? he said. 
 
5.  (C)  Charge urged Ngaiza to raise the issue of the AU 
Court of Justice with his Minister as soon as he returns 
to Dar, and to seek a speedy decision on Tanzania?s plans 
regarding the court.  Ngaiza committed to do so, and to 
keep us informed on GOT thinking on this issue. 
 
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Comments 
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6.  (C)  Comment:  Arusha would seem a natural site for 
the AU Court of Justice, and we suspect that once senior 
officials focus on this issue, interest in making an 
application to host the Court will grow.  We will 
continue to push on this issue. 
 
7.  (C)  Comment continued:  We are concerned by what 
appears to be an emerging leadership vacuum in the 
Foreign Ministry.  Foreign Minister Kikwete is already an 
acknowledged candidate for the presidency (party 
nominations are announced May 4, and elections are 
October 30).  As such, he is spending increasing amounts 
of time on the campaign trail.  Likewise, Deputy Minister 
Shareef is running for re-election to parliament, as well 
as actively positioning himself for a potential 
ministerial portfolio in the next government.  If these 
trends continue, leadership of the Ministry will 
inevitably devolve toward the Permanent Secretary and 
Office Directors, most of whom are most notable for 
extreme caution and risk avoidance.  Even though Ngaiza 
promised to follow up on the AU Court issue, Charge will 
also seek a meeting with the Foreign Minister when he is 
back in Dar to ensure he is focused on this issue.  End 
comment. 
 
OWEN