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RUEHGI/AMEMBASSY BANGUI 0985

UNCLAS SECTION 01 OF 03 BANGUI 000250 
 
SENSITIVE 
SIPDIS 
 
AF/C FOR SSARDAR, MASHRAF, SLOPEZ, KWYCOFF; PARIS FOR RKANEDA; 
LONDON FOR PLORD; YAOUNDE FOR POL/ECON 
STATE FOR OPS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM PINR ECON EAID CT
SUBJECT: CAR NATIONAL DIALOGUE - FIRST COMMISSION RESULTS BOLD, BUT 
OUTCOME UNCERTAIN 
 
REF: BANGUI 236 
 
BANGUI 00000250  001.2 OF 003 
 
 
¶1.  (SBU) SUMMARY: On Tuesday, December 16, the Political Issues 
and Governance Commission of the CAR's National Dialogue 
presented a series of recommendations to Dialogue Chair and 
former Burundian President Pierre Buyoya. The resolutions 
included the creation of an ad hoc committee of Central African 
and international experts to revise and review the current 
electoral code, the resubmission of the High Council of 
Magistrates Law to the National Assembly, a limitation on 
Ministerial portfolios preventing the President from also acting 
as Minister of Defense, an audit of major Government Ministries 
overseeing commercial sectors, and most notably, the creation of 
a government of National Unity following the close of the 
Dialogue. Despite the verbal assent to the Commission's 
recommendations by President Bozize, the GoCAR has remained 
relatively fixed in its defense of its previous actions during 
the Dialogue process. Post believes that a Cabinet reshuffle is 
certainly in the works for the end of the Dialogue, but that it 
may not / not represent all or even many of the parties at the 
Dialogue. END SUMMARY 
 
¶2. (U) On Tuesday, December 16, the Political issues and 
Governance Commission of the CAR's National Dialogue finished 
their recommendations related to political and governance issues 
previously identified by the Dialogue's preparatory committee. 
These recommendations sprang from the consensus that developed 
from the last week's discussions on this commission. Major 
recommendations include: 
 
ELECTIONS 
 
¶3. (U) The Commission recommended the creation of an ad hoc 
committee made of delegates from the inclusive political 
dialogue, assisted by international experts to review the 
current electoral code and to adapt/conform it to the 2004 
Constitution. This review is to be followed by the creation of 
an Independent Electoral Commission that will be in charge of 
the coming 2010 municipal, legislative and presidential 
elections. 
 
RESPECT FOR THE CONSTITUTION 
 
¶4. (U) In its work, the commission discussed specific cases in 
which the constitution was violated by the current regime. The 
most recent example was the promulgation of the Law reorganizing 
the High Council of Magistrates. A draft of the controversial 
law, which was severely criticized by the magistrates' 
association, was referred to the Constitutional Court for a 
review of its constitutionality. The Constitutional Court 
declared that some provisions of this law were unconstitutional. 
Instead of sending the draft of this law back to the National 
Assembly for a second review, President Bozize signed the law on 
October 16, 2008. 
 
¶5. (U) After a long and passionate debate opposing government 
representatives and opposition parties backed by civil society 
representatives, the dialogue recommended that this law be sent 
back to the National Assembly in order to respect established 
procedures. Other recommendations adopted include: 
 
 - Immediate establishment of the High Council of Justice 
 - Immediate limitation on dual mandates, in light of President 
Bozize's dual role as President and as Minister of Defense 
 - Strict respect of the separation of powers as provided by the 
2004 Constitution 
 - Respect of the constitutional provision requiring that high 
ranking officials declare their properties 
 
GOVERNMENT 
 
BANGUI 00000250  002 OF 003 
 
 
 
¶6. (U) In its most significant decision, the commission 
recommended the formation of a new Cabinet where all entities 
participating in the inclusive political dialogue would be 
represented. This cabinet's missions will be: 
 
 - To restore peace and security in the country 
 - To promote reconciliation among Central Africans 
 - To promote and reinforce democracy 
 - To promote economic and social development 
 - To implement inclusive political dialogue recommendations 
 
GOOD GOVERNANCE 
 
¶7. (U) The commission recommended audits by independent experts 
of the following sectors, including the Government Ministries 
overseeing these sectors: 
 
- Financial sector including the Custom Services, Tax Division 
and Treasury 
 - Mining, Forestry and Petroleum sectors, and the Ministry of 
Mines and Energy 
 - Telecommunications, especially licensing to cellular 
companies and the management of the country's internet 
infrastructure 
 
PROMOTION OF WOMEN 
 
¶8. (U) In addition to promoting women's participation in the 
decision-making process, the commission recommended the 
implementation of a 2005 law which recommended that women 
constitute 30% of government offices and major political 
parties. The commission also returned to another 2005 law which 
allowed for public funding for political parties, including 
opposition parties in CAR, and guaranteed their access to public 
media outlets. 
 
FOLLOW-UP FOR THE DIALOGUE 
 
¶9. (U) Finally, the commission recommended a follow-up mechanism 
through the setting up of a Follow-up Committee of the inclusive 
political dialogue recommendations. This follow up committee 
will be made of representatives from the inclusive political 
dialogue, as well as international partners such as the UN, 
European Union, Economic Commission of Central African States, 
CENSAD, CEMAC and the ad hoc Committee for Central African 
affairs. The Follow-up Committee's goal would be the tracking 
and implementation of the inclusive political dialogue's 
recommendations. 
 
¶10. (SBU) COMMENT: The call for a Government of reconciliation 
and national unity marks the single strongest appeal within the 
Commission's work, and was seconded by President Bozize himself 
in the media the following day. In addition, the commission's 
recommendation that the Government resubmit the Magistrate's law 
reform to the National Assembly constitutes a rebuke for the 
GoCAR and specifically Minister of Justice Thierry Maleyombo, 
who had pushed the law despite concerns on all sides. 
Nonetheless, the Commission's recommendations remain just that, 
recommendations, and the President's agreement to a National 
Unity Government remains a conciliatory agreement that has not 
yet been put into action. 
 
¶11.     (SBU) Most observers in Bangui now expect a Cabinet 
reshuffle following the end of the Dialogue, on December 22, but 
some have speculated that the President's circle is likely to 
grow smaller, not larger. While change looms on the horizon for 
the GoCAR, President Bozize and his supporters continue to 
publicly support the Dialogue while also vocally defending the 
 
BANGUI 00000250  003 OF 003 
 
 
GoCAR at every debate inside the chamber and without revealing 
any new plans or thoughts. Though the rebel groups present at 
the Dialogue have presented some claims as to the reasons for 
their rebellion, none have shown the political acumen 
demonstrated by former President Patasse in his opening day 
speech. The opposition, in particular, shocked some with a 
vehement speech on the Dialogue's second day that called for the 
President's immediate resignation. Whether these groups can be 
reconciled together into a coalition government remains to be 
seen. END COMMENT 
NEARY ##