VZCZCXRO6765
RR RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMA RUEHMR RUEHPA RUEHRN RUEHTRO
DE RUEHKM #0761 1951157
ZNR UUUUU ZZH
R 141157Z JUL 09
FM AMEMBASSY KAMPALA
TO RUEHC/SECSTATE WASHDC 1595
INFO RUEHZO/AFRICAN UNION COLLECTIVE
RUEHTC/AMEMBASSY THE HAGUE 0169
RUCNDT/USMISSION USUN NEW YORK 0119

UNCLAS KAMPALA 000761 
 
SENSITIVE 
 
SIPDIS 
 
E.O. 12958:  N/A 
TAGS: PHUM PREL UG
SUBJECT:  UGANDA AND THE ICC: WALKING A TIGHT ROPE ON BASHIR INVITE 
 
¶1.  (SBU) Summary: After initial ambiguities over its stance towards 
the International Criminal Court (ICC) indictment of Sudanese 
President Omar el-Bashir, Uganda has clarified its carefully 
balanced stance.  It has disassociated itself from the recent Africa 
Union (AU) resolution calling on African ICC members not to 
cooperate with the ICC to enforce the Bashir indictment, but 
supports an earlier AU decision to conduct its own investigation 
into the case during a 12 month deferral of the indictment.  Last 
but not least, Uganda has reconfirmed its commitment to the Rome 
Statute, meaning very clearly that it will execute an arrest warrant 
should Bashir opt to attend an African business summit to be held in 
Kampala in late July.  End summary. 
 
¶2.  (U) Minister of State for Foreign Affairs Okello Oryem in a July 
13 joint press conference with visiting ICC Chief Prosecutor Luis 
Moreno Ocampo acknowledged that Bashir had been invited to the 
Global Smart Partnership Dialogue to be held in Uganda July 26-28. 
Oryem noted, however, that Uganda would honor its legal obligations 
under the Rome Statute.  He confirmed that an arrest warrant for 
Bashir had been sent to Uganda's Office of the Solicitor General and 
commented that "if and when Bashir arrives in Uganda, it would be up 
to Inspector General of Police Kale Kayihrua to take action." 
Stressing the differences between Uganda's political commitments to 
the AU and its legal obligations under the Rome Statue, Ocampo 
pushed for Bashir's arrest should he travel to Uganda. 
 
¶3.  (SBU) Foreign Affairs Permanent Secretary James Mugume confirmed 
Oryem's public statement to the Charge on July 14, adding that 
Uganda was "committed" to the Rome Statue.  As such, like Botswana 
and Ghana, Uganda has disassociated itself from the AU Summit 
resolution in Sirte, Libya instructing African ICC members not to 
cooperate with the ICC in apprehending Bashir, he explained.  That 
resolution, Mugume lamented, was rammed through the summit by 
Mu'ammar Qadhafi and was "insensitive to members' views."  Mugume 
said that the GOU supported the February 2009 AU decision to appoint 
an eight-member commission led by former South African president 
Thabo Mbeki to investigate the Bashir indictment and form an 
"African point of view."  To give this commission time to do its 
work, the AU decision further sought to defer the indictment for 12 
months in accordance with Article 16 of the Rome Statute.  Uganda 
also fully supports this call for deferral of the indictment. 
Mugume said that President Museveni delivered this message to Ocampo 
in their July 13 meeting. 
 
¶4.  (SBU) Mugume explained that Bashir, as an African head of state, 
was automatically invited to the Global Smart Partnership Dialogue. 
He said that the GOU is trying to discourage him from attending 
because its legal commitment to the Rome Statute would require that 
he be arrested.  Organized by the Office of the President, the 
Dialogue aims to promote investment and development by bringing 
together Heads of State and over 500 participants from five 
continents, to include business executives, academics, political 
leaders, scientists, civil servants, cultural, literary, and media 
figures. 
 
¶5.  (SBU) Comment:  Despite some initial ambiguity, Oryem's public 
statement on the GOU's intent to honor its obligations under the 
Rome Statue is consistent with the Government's moderate stance on 
the ICC warrant.  It is clear that the GOU would rather Bashir not 
travel to Uganda, and has thus followed South Africa's lead by 
making it publicly clear that it would enforce the warrant.  End 
Comment. 
 
HOOVER