US embassy cable - 02ALGIERS2423

C O N F I D E N T I A L SECTION 01 OF 03 ALGIERS 002423 
 
DEPARTMENT FOR S/CT, AF, IO 
NSC FOR CORVILLE 
EMBASSIES PASS TO DAO 
 
E.O. 12958: DECL: 09/13/2012 
TAGS: PTER, PREL, AG 
SUBJECT: AU COUNTERTERRORISM CONFERENCE RESULTS 
 
CLASSIFIED BY: AMBASSADOR JANET A. SANDERSON FOR REASONS 1.5 (B) AND (D) 
 
SUMMARY 
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1.(U) THE AFRICAN UNION COUNTER-TERRORISM CONFERENCE, HELD IN 
ALGIERS SEPTEMBER 11-14, RESULTED IN A NUMBER OF COUNTRIES 
REPORTING THAT THEY WOULD RATIFY THE 1999 ALGIERS CONVENTION 
ON THE PREVENTION AND COMBATING OF TERRORISM, A PLAN OF 
ACTION TO IMPLEMENT THE 1999 CONVENTION, AND AN AGREEMENT TO 
ESTABLISH AN AFRICAN COUNTER-TERRORISM CENTER.  IF THE 
COUNTRIES CLAIMING TO HAVE RATIFIED THE CONVENTION DEPOSIT 
THEIR RESPECTIVE INSTRUMENTS WITHIN THE REQUIRED TIME, THE 
CONVENTION - AND ITS EXEMPTION OF "FREEDOM FIGHTERS" FROM A 
DEFINITION OF TERRORISM - WILL ENTER INTO FORCE.  WHILE 
VARIOUS AFRICAN DELEGATES MADE ELOQUENT AND IMPASSIONED 
PRESENTATIONS, IT WAS CLEAR THAT THE ALGERIANS HAD THE 
DOMINANT AGENDA AND USED THE MEETING TO SHOWCASE THEIR WON 
WAR ON TERRORISM, AS WELL AS THEIR AFRICAN CREDENTIALS.  IN 
THAT, THEIR PURPOSES WERE LARGELY MET.  END SUMMARY. 
 
BOUTFLIKA'S MESSAGE ON TERRORISM AIMS AT HOME -- AND ABROAD 
--------------------------------------------- -------------- 
 
2.(U) THE CONFERENCE OPENED WITH PRESIDENT ABDELAZIZ 
BOUTEFLIKA ADDRESSING THE DELEGATES AND EXPRESSING HIS 
SYMPATHY FOR THE "GREAT AMERICAN PEOPLE." THE PRESIDENT SPOKE 
OF AMERICANS AND ALGERIANS SHARING SADNESS AND ABOUT OUR 
COMMON WORK TO ERADICATE TERRORISM.  HE EXPRESSED HIS VIEW 
THAT THE AU MEETING IN ALGIERS WAS "A SIGNIFICANT MARK OF 
RESPECT AND SOLIDARITY WITH THE ALGERIAN PEOPLE AND A HOMAGE 
TO THEIR LONG, DIFFICULT BATTLE AGAINST TERRORISM."  HOEVER, 
HE COMPLAINED,AS HE HAS IN THE PAST, THAT THE WORLD HAS BEEN 
TOO LONG SILENT ABOUT ALGERIA'S OWN STRUGGLE WITH TERRORISM. 
HE DREW A CLEAR LINK BETWEEN TERRORISM AND INTERNATIONAL 
CRIME, NOTING THAT THE GREAT CHALLENGE OF THE 21ST CENTURY 
WILL BE TO ERADICATE "INTERNATIONAL TERRORISM"  HE CALLED FOR 
INTERNATIONAL ASSISTANCE TO FACE THIS CHALLENGE, ASKING, 
"WOULD YOU DEPRIVE US OF THIS ASSISTANCE WHILE WE ARE 
FIGHTING TOGETHER?" HE ALSO ENCOURAGED THE CREATION OF AN 
AFRICAN CENTER TO STUDY SECURITY AND TO FIGHT TERRORISM. 
 
3.(U) TURNING HIS ATTENTION TO THE 1999 ALGIERS CONVENTION ON 
COMBATING AND PREVENTION OF TERRORISM, HE CALLED FOR A 
DOCUMENT THAT WOULD BAN TERRORISM IN ALL ITS FORMS AND 
LAMENTED THE FACT "THAT IT HASN'T HAPPENED YET."  BOUTEFLIKA 
THEN SHIFTED INTO A DISCUSSION OF THE SPECIFIC TERRORIST 
PROBLEMS FACING ALGERIA.  HE REMINDED THE AUDIENCE THAT 
ALGERIANS ARE MUSLIMS AND THAT THEY CALL FOR AN ERADICATION 
OF TERRORISM.  ALGERIANS, ACCORDING TO BOUTEFLIKA, HAVE NEVER 
HESITATED TO DENOUNCE TERRORISM, EVEN WHEN IT HIDES BEHIND 
ISLAM. 
 
4.(U) DEPARTING FROM HIS PREPARED TEXT, BOUTEFLIKA STRONGLY 
ATTACKED THOSE WHO HAD CRITIZED HIS POLICY OF RECONCILATION 
AND "CONCORD CIVIL" IN THE WAKE OF ALGERIA'S OWN WAR ON 
TERRORISM. HE EXPLAINED THAT DEMOCRACY MEANS YOU HAVE TO 
LISTEN TO OTHER'S OPINIONS.  ACCORDING TO HIS VISION, CHANGE 
SHOULD COME THROUGH DIALOGUE, NOT VIOLENCE.  BOUTEFLIKA URGED 
THAT THE INTERNATIONAL COMMUNITY DEAL WITH THE ROOT CAUSES OF 
TERRORISM AND IN A REFERENCE TO BOTH ALGERIA'S PAST AS WELL 
AS THE PALESTINIAN CAUSE, HE SAID, "INTERNATIONAL 
COUNTERTERRORISM STRATEGY AND THE STRUGGLE AGAINST TERRORISM 
MUST ALSO TAKE INTO ACCOUNT THE NEED TO PROVIDE JUSTICE TO 
THOSE WHO HAVE NO OTHER RECOURSE BUT ARMED STRUGGLE TO 
VALIDATE THEIR RIGHT TO EXIST AND TO DEMAND THEIR PLACE IN 
THE INTERNATIONAL COMMUNITY. THE LEGITIMATE RESISTANCE OF 
SUCH PEOPLE, OFTEN SUPPORTED BY MODEST EFFORTS AND A LIMITED 
WILL, SHOULD NOT BE ANY WAY ASSOCIATED WITH TERRORISM.  THE 
INTERNATIONAL COMMUNITY...MUST MEET ITS REPSONSIBLITIES TO 
PROVIDE LAW AND JUSTICE, MOST NOTABLY FOR THE WEAKEST AND THE 
MOST DOWNTRODDEN.  THAT IS THE BEST GUARANTEE OF LONGLASTING 
PEACE AND STABILITY." 
 
YOU WIN SOME... 
--------------- 
 
6.(U) DURING THE OPENING SESSION OF THE CONFERENCE, DELEGATES 
FROM SUDAN, SOUTH AFRICA AND GHANA REPORTED THAT THEIR 
COUNTRIES HAD RATIFIED THE 1999 ALGIERS CONVENTION AND THAT 
THE INSTRUMENTS WOULD BE DEPOSITED WITH THE AU SHORTLY.  WHEN 
THE LAST OF THESE INSTRUMENTS HAVE BEEN DEPOSITED, THE 
CONVENTION WILL ENTER INTO FORCE AND THE AU WILL OFFICIALLY 
EXEMPT THOSE INVOLVED IN A "STRUGGLE WAGED BY PEOPLES IN 
ACCORDANCE WITH THE PRINCIPLES OF INTERNATIONAL LAW FOR THEIR 
LIBERATION OR SELF-DETERMINATION, INCLUDING THE ARMED 
STRUGGLE AGAINST COLONIALISM, OCCUPATION, AGGRESSION AND 
DOMINATION BY FOREIGN FORCES" FROM ITS DEFINITION OF 
TERRORISM.  THERE WAS NO DEBATE, OR EVEN A SPECIFIC MENTION 
ABOUT THIS EXEMPTION.  MANY OF THE DELEGATIONS INVITED AS 
OBSERVERS SEEMED NONCHALANT ABOUT THE CLAUSE, INCLUDING THE 
REPRESENTATIVES FROM MALAYSIA, SPAIN, FRANCE AND ENGLAND. 
SEVERAL DELEGATIONS PRAISED THE REPORTS OF RATIFICATION, 
NOTING THAT IT HAS TAKEN THREE YEARS TO GET RATIFICATION FROM 
THE REQUISITE 15 COUNTRIES. 
 
7.(U) A LARGE PART OF THE CONFERENCE WAS SPENT ON A PROPOSED 
PLAN OF ACTION TO IMPLEMENT THE 1999 CONVENTION.  ALTHOUGH 
MUCH DEBATE WAS HAD ON "THE USE OF COMMAS AND FULL STOPS," 
THERE WAS LITTLE SUBSTANTIVE DISCUSSION ON THE PLAN'S SCOPE, 
LIMITATIONS OR FUNDING.  A COPY OF THE FINAL PLAN OF ACTION 
WILL BE DELIVERED TO DEPARTMENT SEPARATELY. 
 
...AND YOU LOSE SOME 
-------------------- 
 
8.(U) BY THE TIME AN AGREEMENT WAS REACHED ON THE PLAN OF 
ACTION, MOST DELEGATES WERE IN NO MOOD TO CONTINUE INTO THE 
NIGHT TO DISCUSS A PROPOSED PROTOCOL TO THE 1999 CONVENTION. 
THE PROTOCOL WAS MOSTLY AUTHORED BY THE SENEGALESE, AS A 
CAPSTONE TO THEIR DAKAR DECLARATION OF OCTOBER 1998.  AFTER 
MAKING A STRONG ARGUMENT FOR THE NEED FOR SUCH A PROTOCOL, 
THE SENEGALESE DELEGATION GLUMLY SAT THROUGH A NUMBER OF 
ARGUMENTS AGAINST IT.  THE SENEGALESE DEFENDED THE PROTOCOL, 
CLAIMING THE 1999 CONVENTION NEEDED ENHANCEMENT IN ORDER TO 
ADDRESS ISSUES THAT WERE UNFORESEEN THREE YEARS AGO, 
INCLUDING THE NEED TO CRIMINALIZE MONEY LAUNDERING AND OTHER 
SIMILAR TOPICS. 
 
9.(C) REALIZING THAT A CONSENSUS TO KILL THE PROTOCOL WAS 
BUILDING (AND THAT IT WAS NEARLY 11 P.M.), THE ALGERIAN 
CHAIRMAN PUT AN END TO THE DEBATE AND DECREED THAT THE 
DELEGATES SHOULD COLLECT FURTHER OPINIONS ON THE PROPOSED 
PROTOCOL AND THAT IT WOULD BE DEBATED AT THE NEXT AU SUMMIT. 
(COMMENT. THE PROPOSED TERRORISM PROTOCOL COULD BE 
PROBLEMATIC: IT INCLUDES AN ARTICLE -- DEALING WITH THE PEACE 
AND SECURITY COUNCIL -- WHICH GIVES AUTHORITY TO THE COUNCIL 
TO "MAKE APPROPRIATE CONTACTS WITH MEMBER STATES AS WELL AS 
NON-MEMBER STATES ON ALL MATTERS RELATING TO TERRORISM AND 
THE ACTIVITIES OF TERRORIST GROUPS."  DEPENDING UPON THE 
INTERPRETATION AND EXECUTION OF THIS ARTICLE, IT MAY AFFECT 
USG CT EFFORTS ON A BILATERAL BASIS.  END COMMENT.) 
 
NOT JUST ANOTHER PIECE OF PAPER 
------------------------------- 
 
10.(U) MUCH OF THE DEBATE, ON BOTH THE PLAN OF ACTION AND THE 
PROTOCOL, CENTERED ON A DIFFERENT PROTOCOL WHICH HAS NOT YET 
ENTERED INTO FORCE.  THIS PROTOCOL, RELATING TO THE 
ESTABLISHMENT OF THE PEACE AND SECURITY COUNCIL (PSC WAS 
ISSUED AND SIGNED BY HEADS OF STATE AT THE DURBAN AU SUMMIT 
IN JULY 2002.  (NOTE:  THIS PROTOCOL ALSO CALLS FOR "PANEL OF 
THE WISE," A CONTINENTAL EARLY WARNING SYSTEM, AN AFRICAN 
STANDBY FORCE, AND A "PEACE-BUILDING CAPACITY."  END NOTE) 
AU OFFICIALS TOLD USDEL THAT A SIMPLE MAJORITY OF AU MEMBERS 
ARE EXPECTED TO RATIFY THE PROTOCOL IN TIME TO BE EFFECTIVE 
BY THE NEXT AU SUMMIT, IN MAPUTO IN 2003. 
 
11.(C) ACCORDING TO AN OFFICIAL VERSION OF THE PROPOSED 
PROTOCOL, THE PSC WILL CONSIST OF 15 COUNTRIES, THREE EACH 
FROM FIVE AFRICAN REGIONS.  ALTHOUGH THERE ARE CRITERIA 
LISTED FOR MEMBERSHIP TO THE PSC, AU OFFICIALS CLAIM THAT 
COUNTRIES LIKE SUDAN, LIBERIA, ZIMBABWE COULD NEVER SERVE ON 
THE PSC - OR MORE IMPORTANTLY, SERVE AS THE CHAIR - BECAUSE 
OF THESE CRITERIA.  WHEN PRESSED FOR DETAILS OF THE VETTING 
PROCESS, AN AU OFFICIAL CONCEDED THAT IT WOULD BE THROUGH 
"PEER PRESSURE."  ACCORDING TO THE PROTOCOL, THE PSC WILL BE 
RESPONSIBLE FOR THE IMPLEMENTATION OF THE 1999 CONVENTION ON 
TERRORISM. 
 
WE SAID IT FIRST 
---------------- 
 
12.(U) AFTER A SPIRITED DEBATE OVER THE FUNDING AND SCOPE OF 
THE PROPOSAL FOR THE ESTABLISHMENT OF A TERRORISM STUDY AND 
RESEARCH CENTER, THE ALGERIAN DELEGATION STRONG-ARMED THE 
DELEGATES INTO ACCEPTING ALGERIA AS THE CENTER'S SITE.  THE 
SOUTH AFRICAN DELEGATION ARGUED THAT REGIONAL CAPACITY SHOULD 
BE DEVELOPED BEFORE ATTEMPTING TO HAVE A CONTINENTAL PROGRAM. 
 THEY CLAIMED THAT THE IMMEDIATE ESTABLISHMENT OF SUCH A 
CENTER WOULD WEAKEN MANY BILATERAL RELATIONSHIPS IN THE AREAS 
OF TRAINING, COOPERATION, AND FINANCIAL ASSISTANCE.  THE 
TANZANIAN DELEGATION AGREED THAT A NEED FOR THE CENTER 
EXISTS, BUT INSISTED THAT THE DEVIL WAS IN THE DETAILS. 
ADDITIONALLY, THE DELEGATIONS FROM BURKINA FASO, KENYA AND 
SUDAN ASKED FOR MORE TIME TO STUDY THE PROPOSAL.  THE 
CHAIRMAN WENT ON TO MAKE THE ARGUMENT THAT TERRORISM DOESN'T 
WAIT, IT STRIKES QUICKLY.  HE CLAIMED THAT THE TERRORISM 
CENTER WOULD ANSWER THE CONCERNS EXPRESSED BY ALL AU MEMBERS. 
 
13.(U) BOTH THE ALGERIAN DELEGATION AND THE INTERIM 
COMMISSIONER FOR THE PSC, ALGERIAN SAID DJINNIT, ARGUED THAT 
THE DECISION FOR AN AFRICAN CT CENTER WAS MADE AT THE AU 
SUMMIT IN DURBAN.  CITING AN AU TRADITION THAT ONCE A 
DECISION IS MADE AT THE SUMMIT LEVEL, MEMBER COUNTRIES HAVE 
ALWAYS ACCEPTED IT, THE ALGERIAN CHAIRMAN OF THE CONFERENCE 
DECLARED THAT ALGERIA WOULD BE THE LOCATION FOR THE CT 
CENTER.  BESIDES, HE ADDED, ALGERIA HAD BEEN THE ONLY COUNTRY 
TO MAKE AN OFFER TO HOST THE CENTER.  HE CONTINUED THAT 
ALTHOUGH THE CT CENTER WOULD FOLLOW THE AU'S TRADITION OF 
FUNDING FROM THE ORDINARY BUDGET, THE ALGERIANS WOULD BE 
LOOKING FOR BUDGET CONTRIBUTIONS, EVEN SYMBOLIC ONES. 
 
COMMENT 
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14.(C) WHILE THE MEETING MAY NOT HAVE ENDED EXACTLY AS THE 
ALGERIANS WOULD HAVE WANTED, THEY WERE SUCCESSFUL ON SEVERAL 
COUNTS.  BOUTEFLIKA, THROUGH HIS HOSTING OF THE CONFERENCE ON 
THE FIRST ANNIVERSARY OF THE SEPTEMBER 11 ATTACKS, ARTFULLY 
DEMONSTRATED HIS SOLIDARITY WITH THE US AND THE GLOBAL 
COALITION IN THE CAMPAIGN AGAINST TERRORISM.  A TERRORISM 
CENTER WILL BE ESTABLISHED IN (AND BENEFIT) ALGERIA WITH THE 
AU'S IMPRIMATUR.  IT WAS CLEAR THROUGHOUT THE MEETING THAT 
THE EGYPTIANS AND THE ALGERIANS PLAN TO CONTROL THE AFRICAN 
CT CAMPAIGN, EITHER BY FORCE OF THEIR EFFORTS OR THROUGH THE 
LACK OF CAPACITY OF OTHER AU MEMBERS. 
 
15.(C) THE BEST SUMMARY OF THIS CONFERENCE MAY BE IN AN 
ANECDOTE PROVIDED BY A YOUNG AU STAFFER FROM ADDIS ABABA. 
ACCORDING TO THE STAFFER, THE PLAN WAS TO ONLY DISTRIBUTE THE 
DELEGATES' PER DIEM ON THE VERY LAST DAY OF THE MEETING, THUS 
ENSURING THE MAXIMUM PARTICIPATION OF EACH OF THE DELEGATIONS. 
 
 
SANDERSON