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618E27 151232Z /38
O 151227Z SEP 92
FM AMEMBASSY DAR ES SALAAM
TO SECSTATE WASHDC IMMEDIATE 8842
INFO AMEMBASSY KIGALI IMMEDIATE
AMEMBASSY ADDIS ABABA
AMEMBASSY BAMAKO
AMEMBASSY BONN
AMEMBASSY BRUSSELS
AMEMBASSY BUJUMBURA
AMEMBASSY COTONOU
AMEMBASSY DAKAR
AMEMBASSY HARARE
AMEMBASSY KAMPALA
AMEMBASSY LAGOS
AMEMBASSY LONDON
AMEMBASSY NAIROBI
AMEMBASSY PARIS
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PARIS FOR PERLOW; LONDON FOR MCKINLEY
E.O. 12356: DECL: N/A
TAGS: PREL, AMC, OAU, MOPS, RW, TZ
SUBJECT: ARUSHA III: THE GOR MAKES AN OFFER
REF: DAR ES SALAAM 5253
THE FOLLOWING REPORT WAS TELEPHONED FROM ARUSHA BY
POLOFF BENTLEY.
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: JOHN L MILLS
DATE/CASE ID: 30 OCT 2007 200103014
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1. SUMMARY: DURING THE SEPTEMBER 14 PLENARY SESSIONS,
THE PARTIES ADOPTED A DRAFT PROGRAM FOR THE TRANSITIONAL
GOVERNMENT. AFTER SOME INITIAL CONFUSION, THE GOR WAS
PERSUADED TO PRESENT ITS OFFER ON POWER-SHARING IN ALL
BRANCHES OF GOVERNMENT AS A SINGLE PACKAGE. THE RPF
PROVIDED ITS VIEWS AND SOME COUNTERPROPOSALS. A MORE
FORMAL RESPONSE HAS BEEN DELAYED UNTIL A PLENARY SESSION
NOW PLANNED FOR THIS EVENING, SEPTEMBER 15. END SUMMARY.
2. BEFORE DISCUSSING POWER-SHARING ARRANGEMENTS, FONMIN
DIRIA FIRST ASKED THE PARTIES TO ADOPT A PROGRAM FOR THE
TRANSITIONAL GOVERNMENT. DURING DISCUSSION OF THE
PROGRAM, RPF DELEGATION HEAD BIZIMUNGU AGAIN INDICATED
THAT HE WANTED TO MOVE THE NEGOTIATIONS DIRECTLY INTO
POWER-SHARING. THE GOR WAS WILLING BUT DIRIA, AS
CHAIRMAN, REFUSED TO MOVE UNTIL THE TWO PARTIES ADOPTED
THE DRAFT PROGRAM. THE RPF REQUESTED SOME
CLARIFICATION. BOTH SIDES THEN AGREED TO ADOPT THE
PROGRAM AS YET ANOTHER WORKING DOCUMENT.
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3. GOR FONMIN NGULINZIRA THEN CALLED FOR PROPOSALS ON
POWER-SHARING FROM THE RPF. HE SAID THAT HIS GOVERNMENT
HAD PREPARED PROPOSALS BUT WERE UNAWARE OF ANY FROM THE
RPF. HE ADDED THAT IF THE RPF NEEDED MORE TIME, HE WAS
WILLING TO ADJOURN THE TALKS FOR SEVERAL DAYS TO LET
THEM CONSULT. THIS IDEAPRODUCED AN IMMEDIATE UPROAR IN
THE PLENARY, WITH THE FACILITATOR AND OBSERVERS HUDDLING
WITH THE TWO DELEGATIONS TO URGE THEM TO CONTINUE. THE
RPF WANTED TO DISCUSS POWER-SHARING IN THE SEPARATE
BRANCHES OF THE GOVERNMENT AS A PACKAGE; I.E., THEY
WANTED TO SEE THE GOVERNMENT'S ENTIRE OFFER. THE GOR
WAS AT FIRST UNWILLING BUT EVENTUALLY RELENTED.
4. INSISTING THAT THE TRANSITIONAL GOVERNMENT SHOULD
GOVERN WITHIN THE FRAMEWORK OF EXISTING LAWS TO ENSURE
"THE CONTINUITY OF STATE INSTITUTIONS," FONMIN
NGULINZIRA OFFERED THE FOLLOWING:
-- A CONSTITUTIONAL AMENDMENT PROVIDING THAT THE PEACE
AGREEMENT PROVISION WOULD PREVAIL IN ANY CONFLICT WITH
EXISTING LEGISLATION OR THE CURRENT CONSTITUTION (U.S.
REP RAWSON SUGGESTED THIS APPROACH TO NGULINZIRA BEFORE
THE PLENARY);
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-- PRESIDENT HABYARIMANA WOULD RETAIN OFFICE, BUT ALL
PRESIDENTIAL ACTIONS WOULD BE TAKEN ONLY WITH THE
CONCURRENCE OF THE CABINET;
-- THE RPF WOULD JOIN THE CABINBT AND WOULD NEGOTIATE
ITS SHARE OF THE PORTFOLIOS DIRBCTLY WITH THE OTHER
POLITICAL PARTIES;
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-- THE CABINET WOULD MAKE DECISIONS BY CONSENSUS;
-- THE GOVERNMENT WOULD BE OPEN TO ALL THE PARTIES THAT
SUBSCRIBE TO THE PEACE AGREEMENT;
-- THE MINISTERS WOULD REMAIN ACCOUNTABLE TO THE PRIME
MINISTER AND THE PRIME MINISTER TO THE PRESIDENT;
-- THE EXISTING LEGISLATURE WOULD BE REPLACED BY A NEW
TRANSITIONAL NATIONAL ASSEMBLY (TNA) WHICH WOULD LAST
THROUGH THE TRANSITION PERIOD AND INCLUDE MEMBERS
ELECTED FROM WITHIN RWANDA ON THE BASIS OF PROPORTIONAL
REPRESENTATION. THE RPF WOULD BE ABLE TO NOMINATE A
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AMEMBASSY BAMAKO
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AMEMBASSY BUJUMBURA
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PARIS FOR PERLOW; LONDON FOR MCKINLEY
E.O. 12356: DECL: N/A
TAGS: PREL, AORC, OAU, MOPS, RW, TZ
SUBJECT: ARUSHA III: THE GOR MAKES AN OFFER
NUMBER OF MEMBERS AND THE ASSEMBLY WOULD BE ELECTED
BEFORE THE RETURN OF REFUGEES;
-- THE TNA WOULD ENACT LEGISLATION BY MAJORITY VOTE IN
ROUTINE MATTERS. IN SENSITIVE AREAS A THREE-FIFTHS
MAJORITY WOULD BE REQUIRED. THE RPF WOULD BE GIVEN A
VETO IN MATTERS TOUCHING ON THE PEACE AGREEMENT;
-- THE EXISTING JUDICIARY WOULD REMAIN FOR THE MOST
PART. THE STATE SECURITY COUNCIL WOULD BE ABOLISHED. A
COURT OF ACCOUNTS WOULD BE CREATED AS AN ARM OF THE TNA
TO MONITOR THE TREASURY;
-- A SUPREME CONSTITUTIONAL COURT WOULD REVIEW
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LEGISLATION. THE BROAD-BASED TRANSITIONAL GOVERNMENT
(BBTG) WOULD PROPOSE TO THE SUPREME COURT CANDIDATES FOR
JUDICIAL APPOINTMENTS. THE BBTG WOULD CREATE SPECIAL
COMMITTEES TO DEAL WITH NATIONAL UNITY AND
RECONCILIATION, PUBLIC SECURITY, INFORMATION AND
EDUCATION, REFUGEE PROBLEMS, THE CONSTITUTION AND THE
PREPARATION FOR GENERAL ELECTIONS AT THE END OF THE
TRANSITION PERIOD.
5. "THE CARDS ARE PLAYED," CONCLUDED FONMIN
NGULINZIRA. THE PLENARY ADJOURNED TO GIVE THE RPF TIME
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TO PREPARE ITS RESPONSE.
6. WHEN THE PLENARY RECONVENED THAT EVENING, RPF
DELEGATION CHIEF BIZIMUNGU STATED THAT THE RPF ACCEPTED
THE GOVERNMENT'S PROPOSAL AS A BASIS FOR DISCUSSION. HE
RAISED QUESTIONS ABOUT THE GOR, STATING THAT THE
TRANSITIONAL GOVERNMENT WOULD OPERATE WITHIN EXISTING
LAWS BUT ALSO THAT THE PEACE AGREEMENT WOULD HAVE
PRIMACY. HE REMARKED SARCASTICALLY THAT THE PRESENT
CONFLICT WAS NOT PROVIDED FOR IN EXISTING LEGISLATION.
HE ACCEPTED THAT THE AGREEMENT SHOULD BE SUPREME BUT
EXISTING LAWS AND CONSTITUTIONAL PROVISIONS THAT
CONTRADICT IT SHOULD BE CHANGED. HE DID NOT THINK THAT
THE GOR HAD MADE CLEAR THE EFFECT OF ITS PROPOSALS ON
THE PRESIDENT'S POWERS. THE RPF ACCEPTED HABYARIMANA AS
THE INCUMBENT PRESIDENT BUT WANTED HIM STRIPPED OF
POWER. ON FORMING THE BBTG, THE RPF WAS READY TO
DISCUSS PORTFOLIOS WITH THE POLITICAL PARTIES, BUT
THOUGHT THAT WAS WHAT IT HAD COME TO ARUSHA TO DO WITH
THE GOR. THE RPF ALSO ACCEPTED THE IDEA OF THE TNA BUT
WAS UNCOMFORTABLE WITH THE NOTION OF AN RPF VETO,
FEELING THAT THESE MEASURES WOULD TEND TO ISOLATE THE
RPF POLITICALLY.
7.
THE RPF THEN PROVIDED COUNTER PROPOSALS:
-- AS THE INCUMBENT PRESIDENT IS HEAD OF THE MRND, TWO
ADDITIONAL CO-PRESIDENTS SHOULD BE PROVIDED - - ONE BY
THE RPF AND ONE BY THE OPPOSITION COALITION;
-- THE EXECUTIVE POWERS PROPOSED FOR THE RPF COMMITTEE
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FOR NATIONAL RECONSTRUCTION (CNR) WOULD BE TRANSFERRED
TO THE TRIPARTITE PRESIDENCY;
-- IN THE BBTG, THE PRIME MINISTER WOULD BE PROVIDED BY
ONE OF THE OPPOSITION PARTIES -- THAT IS, THE NDR, THE
PL OR THE PSD -- BUT NOT THE SAME PARTY AS THE
OPPOSITION CO-PRESIDENT;
-- THE POST OF PRIME MINISTER WOULD BE GIVEN TO THE RPF
AND WOULD INCLUDE ANOTHER MINISTERIAL PORTFOLIO;
-- IN THE TRANSITIONAL NATIONAL ASSEMBLY, THE NEW
ASSEMBLY WOULD BE COMPOSED OF 40 MEMBERS, WITH EACH OF
THE MAJOR PARTIES (MRND, NDR, PSD, PL AND RPF) EACH
NOMINATING SIX MEMBERS. FIVE MEMBERS WOULD BE PROVIDED
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618E80 151235Z /38
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FM AMEMBASSY DAR ES SALAAM
TO SECSTATE WASHDC IMMEDIATE 8844
INFO AMEMBASSY KIGALI IMMEDIATE
AMEMBASSY ADDIS ABABA
AMEMBASSY BAMAKO
UNCLASSIFIED
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AMEMBASSY
AMEMBASSY
AMEMBASSY
AMEMBASSY
AMEMBASSY
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AMEMBASSY
AMEMBASSY
AMEMBASSY
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BONN
BRUSSELS
BUJUMBURA
COTONOU
DAKAR
HARARE
KAMPALA
LAGOS
LONDON
NAIROBI
PARIS
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PARIS FOR PERLOW; LONDON FOR MCKINLEY
E.O. 12356: DECL: N/A
TAGS: PREL, AORC, OAU, MOPS, RW, TZ
SUBJECT: ARUSHA III: THE GOR MAKES AN OFFER
BY NGO'S CONCERNED WITH THE DEFENSE OF HUMAN RIGHTS AND
FIVE FROM THE MILITARY FORCES;
-- SPECIAL COMMISSIONS FOR SELECTED ISSUES WOULD BE
UNDER THE TNA;
-- THE MEMBERS OF THE JUDICIARY WOULD ELECT THEIR OWN
SUPREME JUDICIAL COUNCIL TO RUN THE JUDICIARY.
8. DURING THE DISCUSSION WHICH FOLLOWED THESE
PRESENTATIONS, THE GOR EMPHASIZED ITS FLEXIBILITY AND
ITS WILLINGNESS TO CONSIDER SPECIFIC CHANGES IN ITS
PROPOSALS SUGGESTED BY THE RPF. THE RPF EXPRESSED ITS
CONTINUING CONCERNS ABOUT ESTABLISHING STRONG
PROTECTIONS FOR HUMAN RIGHTS AND ITS OWN SECURITY. THE
GOR PROVIDED ADDITIONAL CLARIFICATION REGARDING ITS
IDEAS ABOUT THE TNA, PRESIDENTIAL POWERS AND ELECTIONS.
THE PARTIES THEN ADJOURNED THE PLENARY UNTIL THE
FOLLOWING DAY TO ALLOW THE RPF TQ PREPARE A MORE
DETAILED RESPONSE TO THE GOVERNMENT'S PROPOSALS.
9.
AS THIS IS WRITTEN, WE UNDERSTAND THAT THE RPF HAS
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ASKED FOR THE NEXT PLENARY SESSION TO BE DELAYED UNTIL
5:00 PM TODAY (SEPTEMBER 15) TO PREPARE ITS
COUNTERPROPOSALS IN DETAIL. THE CONSENSUS AMONG THE
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OBSERVERS IS THAT THE GOR HAS GONE A CONSIDERABLE
DISTANCE TO MEET RPF CONCERNS. THE GOR APPEARS TO SEE
THE PROBLEM AS HOW TO INCLUDE THE RPF IN A MORE GENERAL
PROCESS OF DEMOCRATIC REFORM. THE RPF SEEMS TO WANT TO
DETERMINE THE OUTCOME OF THE REFORM PROCESS IN THE PEACE
AGREEMENT. THE RPF ALSO APPEARS TO HAVE TROUBLE
GRASPING THE FULL IMPLICATION OF THE GOVERNMENT'S OFFER,
POSSIBLY REFLECTING THE EXTENT OF ITS MISTRUST OF THE
CURRENT REGIME.
BAKER
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