VZCZCXYZ0012
PP RUEHWEB

DE RUEHVT #0537/01 3491631
ZNY CCCCC ZZH
P 151631Z DEC 09
FM AMEMBASSY VALLETTA
TO RUEHC/SECSTATE WASHDC PRIORITY 2466
INFO RHMFISS/CDR USEUCOM VAIHINGEN GE PRIORITY
RUEHNO/USMISSION USNATO PRIORITY 0056
RUEAIIA/CIA WASHDC PRIORITY

C O N F I D E N T I A L VALLETTA 000537 
 
SIPDIS 
 
E.O. 12958: DECL: 12/14/2019 
TAGS: PREL PGOV OVIP PARM MT
SUBJECT: SECURITY COOPERATION DILEMMA: WITH LABOR PARTY IT 
MAY BE A NO-GO, WITH RULING NATIONALIST PARTY A SLOW-GO 
 
Classified By: Ambassador Douglas Kmiec, Reasons 1.4(b) and (d) 
 
 ¶1. (C) SUMMARY.  During a November meeting with U.S. 
Ambassador to Malta Douglas Kmiec, Labor Party leader Joseph 
Muscat and former Labor government FM George Vella declared 
that the country's reactivated membership in PfP was invalid, 
as it failed to comply with Malta's Treaties Act.  Though 
expressing a willingness to accept PfP membership, Muscat's 
and Vella's comments also signaled Labor's continuing 
opposition to membership in NATO and make Labor Party 
acquiescence to any Status of Forces Agreement (SOFA) 
doubtful.  The party leaders did express their hope for 
improved Labor Party relations with the U.S. and the embassy. 
 A subsequent question by the Ambassador concerning the GOM's 
ability to support President Obama's invitation for nations 
to contribute to peace and stabilization in Afghanistan has 
ignited public debate over the meaning of "neutrality" in the 
Maltese constitution and prompted the GOM to suggest a small 
step forward in our efforts toward closer security 
cooperation and a Status of Forces Agreement.  END SUMMARY. 
 
¶2. (C) In November, Ambassador Kmiec met with Labor Party 
(PL) leader Dr. Joseph Muscat, and with former PL leader and 
ex-Foreign Minister, George Vella.  This was an initial 
courtesy call, intended to allow a discussion of issues of 
general concern.  Muscat welcomed the Ambassador warmly, 
saying it was important for PL to improve relations with the 
U.S. Embassy and with the USG, adding that any reservations 
he had harbored had been "wiped away" by the new U.S. 
administration's multilateral approach. 
 
¶3. (C) During the conversation, the question of whether PL 
members would be allowed to participate in an International 
Visitors Program (IVP) visit to NATO HQ on the subject of 
Mediterranean Dialogue and other NATO-sponsored programs 
arose.  At this point, former party leader Vella announced 
that PL considered Malta's current participation in the 
Partnership for Peace (PfP) to be invalid, since Labor had 
withdrawn from PfP in 1996, and the current government had no 
way to rejoin PfP without parliamentary approval.  Vella 
added that since the PL government led by then-PM Alfred Sant 
had executed a "complete unconditional withdrawal" from PfP 
(Vella claimed to have himself approved the letter to NATO in 
his capacity as Foreign Minister), it would have been 
improper for NATO to have characterized the action as a 
suspension, and the current Nationalist Party (NP) led 
government could have had no basis for "reactivating" Malta's 
membership in PfP. 
 
¶4. (C) Vella lamented that the current Nationalist Party (PN) 
government had "circumvented" Malta's Treaties Act, which 
requires either a resolution or other act of Parliament to 
ratify any international agreement.  PL, Vella indicated, had 
come to the conclusion that PfP membership was not contrary 
to the neutrality clause of Malta's constitution, and would 
have been willing to work with the government to rejoin.  PL 
remained silent following the government's declaration of 
renewed membership, Vella said, because of that belief.  It 
did not mean that they accepted the act as valid, however. 
PL leader Muscat, who had taken a clear second seat to Vella 
in the discussion, added that while PL was ready to change, 
it could not accept politically being "taken for granted" or 
"humiliated." 
 
¶5. (C) POST COMMENT.  PL opposition to NATO membership is a 
long-standing position, based on Labor's interpretation of 
the neutrality clause in Malta's constitution.  However, 
Vella's statements that Malta's PfP membership is invalid are 
unexpected and troublesome, particularly in view of his 
acknowledgment of the PfP's intrinsic value and its 
consistency with Labor's goal of neutrality.  It appears to 
presage continuing PL efforts to focus on partisan advantage 
without reference to broader national security objectives. 
Hopes for Labor's buy-in for a SOFA agreement - whether PfP 
or bilateral - may be a casualty of this attitude.  The 
meeting also raises the issue of how secure Joseph Muscat's 
position as PL leader is.  At 35, ex-TV and radio personality 
Muscat is the youngest person to have served in his position. 
 He was elected as leader following PL's defeat in 2008 
General Elections, replacing long-time leader Alfred Sant, 
who served from 1992-2008.  Muscat's ceding the lead in this 
discussion of Malta's national security policy to old-line 
Labor politician Vella may suggest that he has some way to go 
to consolidate party control. 
 
¶6. (C) Subsequent to this meeting, Ambassador Kmiec used a 
public presentation at the Mediterranean Diplomatic Academy 
(MEDAC) to ask the question: "What does Malta mean by 
Neutrality?"  The Ambassador queried: "neutral as to what?" 
He speculated that some might see this language as precluding 
 
direct military assistance to the ISAF forces in Afghanistan, 
but urged that it "certainly ought not be construed to say 
Malta is neutral as to the cost of terrorism."  He concluded 
by asking, "Will Malta answer the President's call or not? 
Will Malta supply humanitarian assistance or technical 
assistance in the form of agricultural training or 
instruction in the organization of governance?"  Later, in an 
email communication with the Foreign Minister (Borg), 
Ambassador Kmiec urged the GOM to take steps to make it 
possible for the U.S. Navy to come to a Maltese port by 
signing the PfP/NATO SOFA which is an expected step for PfP 
participants.  While the Nationalist Party-led government had 
no immediate formal response, the Prime Minister's Defense 
Advisor and effective Defense Minister, Vanessa Frazier 
(PROTECT) said the PfP/NATO SOFA can't be signed without 
parliamentary approval, and opined that the PM could not 
deliver that.  Frazier suggested that the best course would 
be to execute the SOFA incrementally by means of dip notes, 
and indicated she would contact the Embassy with a proposal 
(which would have the approval of the PM's Chief of Staff). 
 
¶7. (C) Comment: The dip note offer could be a useful interim 
step for Malta (if acceptable to Department and USEUCOM) as 
it would reacquaint Malta with the value -- economic and 
associational -- of ship visits.  This approach would also be 
compatible with a memorandum prepared by Admiral Stavridis' 
staff following Ambassador Kmiec's visit to EUCOM in October 
2009 requesting that EUCOM agree to grant SOFA waivers for 
scheduling at least 5 or 6 ship visits to keep the matter 
alive while good faith SOFA discussions are ongoing. 
 
¶8. (C)  Comment continued: The "outing" of the neutrality 
issue seems to have been a watershed moment.  There has been 
positive editorial commentary noting the Ambassador has 
raised an issue necessary for Malta to decide. 
Significantly, PL leader (Joseph Muscat) is quoted as saying 
that the constitution requires "modernization" going forward, 
though he then took away some of the significance of this by 
proclaiming the need to act only multilaterally. 
KMIEC