US embassy cable - 05DARESSALAAM381

C O N F I D E N T I A L SECTION 01 OF 02 DAR ES SALAAM 000381 
 
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 
------------------- 
 
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