VZCZCXRO2702
PP RUEHGI RUEHMA RUEHROV RUEHTRO
DE RUCNDT #0329/01 0862233
ZNR UUUUU ZZH
P 272233Z MAR 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 6220
INFO RUCNFUR/DARFUR COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 USUN NEW YORK 000329 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KPKO SU AF
SUBJECT: CHIEF DARFUR MEDIATOR BASSOLE PUSHES UNSC FOR ICC 
DEFERRAL 
 
¶1.  (SBU) Summary: Joint UN/AU Chief Mediator Djbril Bassole 
made his first appearance before the Security Council on 
March 26.  Bassole focused on three factors affecting 
mediation efforts: the tense relationship between Chad and 
Sudan; the splintering of Darfuri armed movements; and the 
International Criminal Court (ICC) indictment of President 
Bashir on March 4.  Council members reaffirmed their support 
for Bassole's efforts and the peace process.  Bassole himself 
and some members argued for deferral of the ICC prosecution 
of Bashir, stating that the indictment had negatively 
impacted the peace process (Uganda, Russia, Burkina Faso, 
China and Libya).  Other members restated their positions 
that Article 16 deferral is not warranted at this time 
(United States, United Kingdom, Croatia, and Costa Rica). 
Libyan PR Shalgham briefed the press in his capacity as 
Council President, expressing support for Bassole to 
implement his mandate and for the Government of Qatar's 
efforts to bring together the Government of Sudan and rebel 
groups.  The Presidency also urged parties to actively engage 
in negotiations and encouraged Libya and regional countries 
to continue efforts to normalize Chad/Sudan relations.  End 
Summary. 
 
Bassole Briefs Council 
---------------------- 
 
¶2.  (SBU) Joint UN/AU Chief Mediator Bassole began his March 
26 briefing by identifying three factors that he said 
complicate mediation efforts:  deterioration of Chad-Sudan 
relations; splintering of Darfuri armed movements; and the 
ICC indictment of Bashir.  Bassole said that the February 
2008 attack by Chadian rebels on N'Djamena and the May 2008 
attack on Omdurman by Darfuri rebels had destroyed confidence 
between Chad and Sudan.  He said that the diplomatic efforts 
of Libya, Senegal and other African countries to improve 
Chad-Sudan relations had been helpful and should be supported 
by the international community.  Bassole also said that some 
rebel movements are aware that they need to band together to 
conduct peace negotiations with the Government of Sudan 
(GOS).  He called on members of the Security Council to 
exercise their influence to encourage rebel movements to 
resolve their differences and engage constructively in 
negotiations. 
 
¶3.  (SBU) Bassole noted that, as a result of the ICC 
indictment, rebel movements now vigorously contest Bashir's 
legitimacy and refuse to engage in dialogue, adopting a 
wait-and-see approach.  He pointed to the decision by the 
Justice and Equality Movement to suspend its participation in 
the Doha process and said that the indictment had 
significantly slowed the political process.  Bassole 
suggested that the Security Council examine the concerns 
expressed by the African Union concerning the peace process. 
He briefly discussed the February 17 goodwill agreement 
between the Government of National Unity and the Justice and 
Equality Movement as a first step towards an inclusive 
dialogue.  He said that the GOS expulsion of NGOs violated 
this agreement. 
 
ICC Indictment 
-------------- 
 
¶4.  (SBU) Given the remarks by Bassole that the Council 
should take into account AU concerns regarding the peace 
process -- an implicit reference to AU support for Article 16 
deferral -- Ambassador DiCarlo stressed that the issue cannot 
be characterized as the ICC indictment versus the peace 
process and that all parties must continue to engage in peace 
negotiations.  She also said that the GOS had taken a drastic 
step post-indictment by expelling NGOs, and that deferral at 
this time is not warranted.  DiCarlo questioned whether a 
one-year deferral would accomplish anything. 
 
¶5.  (SBU) The UK reinforced this message, saying that the 
Council must resist the temptation to see peace or justice as 
mutually exclusive.  The UK noted that the dilemma arose 
because Bashir refused to cooperate with the ICC and that the 
very high test for Article 16 deferral had not been met. 
Costa Rica also explicitly supported DiCarlo's statement and 
said that suspension for one year of the ICC prosecution 
would not assist the peace process.  Croatia emphasized that 
the peace process should not be influenced by the ICC 
indictment.  Uganda, Burkina Faso, Russia, China and Vietnam 
repeated their well-known arguments that the Council should 
defer prosecution of Bashir in order to support the peace 
process.  China called for a "comprehensive" Security Council 
session to consider all aspects of the Darfur problem, which 
China listed as:  the peace process, UNAMID deployment, 
humanitarian crisis, economic reconstruction, and 
impunity/justice. 
 
USUN NEW Y 00000329  002 OF 002 
 
 
 
Regional Actors 
--------------- 
 
¶6.  (SBU) Libya made a detailed statement concerning the 
regional nature of the Darfur conflict and said that 
normalization of relations between Chad and Sudan was 
essential.  Libya said it would continue its efforts to 
improve this relationship.  Libya argued that rebels have 
little motive to resolve Darfur's problems through the peace 
prcess when the necessities of life are provided them gratis 
by NGOs.  Austria asked Bassole whether an international 
conference bringing together regional players to discuss 
Sudan would be helpful to his mediation efforts.  (Note: 
Egypt has offered to host such a meeting.  End Note.)  Japan 
said that the upcoming Arab League Summit in Doha on March 28 
- 29 would provide an opportunity for Arab countries to 
signal their commitment to the Darfur peace process.  Libya 
responded that issues concerning Palestine and Gaza would be 
discussed at the Summit, and claimed that public opinion 
stands behind Bashir.  Libya indicated that the Arab public 
thinks that if Bashir is being prosecuted, so should Israelis. 
 
 
¶7.  (SBU) Libya called on France to pressure Sudan Liberation 
Movement leader Abdel Wahid al-Nur, who resides in Paris, to 
engage in Darfur peace negotiations.  France responded that 
it had not been Chad, France or the ICC that had initiated 
the war in Darfur, and that efforts had been made to 
encourage Wahid's participation in peace talks. 
 
Bassole's Final Comments 
------------------------ 
 
¶8.  (SBU) Bassole expressed gratitude for the Council's 
unanimous support for the mediation.  Bassole noted that he 
feels uncomfortable addressing the ICC issue because as a 
mediator, he must be impartial.  Bassole stated that he holds 
international institutions in high respect, but noted that 
his duty as a mediator was to restore trust between the 
parties.  Bassole said that Bashir's indictment undermines 
the negotiation process.  He noted that rebels do not trust 
Bashir and that rebel perceptions of divisions within the 
international community create upheaval and disorder. 
Bassole encouraged the Council to clearly speak about issues 
on which everyone agrees, such as encouraging all parties to 
engage in negotiations.  Bassole also urged the Council to 
avoid creating an impression that one party is favored over 
another.  Bassole also noted that if the Council could send a 
signal to revitalize the Doha talks, this would be helpful. 
 
¶9. (SBU) Bassole outlined his ideas for the way forward by 
noting that he would like to conduct consultations that would 
result in a Framework Agreement.  Optimistically, if all goes 
well, Bassole said that in three months he could set a date 
for final negotiations.  Regarding Austria's question about 
the helpfulness of a conference with regional actors 
concerning Sudan, Bassole noted that for now, this would not 
be helpful. 
 
Press Statement 
--------------- 
 
¶10. (SBU) Turkey raised the issue of the Presidency orally 
briefing media to express support for Bassole's efforts and 
encourage continuation of the Doha talks.  The Council agreed 
to the following five elements:  expressing support for 
Bassole's mediation efforts; stressing the importance of 
continuing the peace process; urging the parties to engage 
actively in negotiations; expressing support for the Doha 
process; and encouraging the good offices of Libya and 
regional countries to normalize relations between Chad and 
Sudan. 
Wolff