Résumé
The USG cannot condone complicity in letting Gatete flee. The issue of bringing to justice those who have been guilty of crimes against humanity is a regional issue. The USG has already, for example, called upon the French to detain such people within the safe haven zone that French troops have established inside Rwanda. The GOT'S assertion that it cannot detain Gatete under the Genocide Convention without a request from the Government of Rwanda is self-serving since there is no such universally recognized government at present. A new RPF-dominated Government of Rwanda would more than likely make such a request. Moreover, the GOT would seem to be able to detain Gatete for his actions in the Benaco riot, if the GOT were inclined to invoke its.domestic laws. Using a refugee system to assist someone like Gatete can only undermine the credibility of UNHCR'S protection work worldwide.
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/052R
DRAFTED BY: PRM/AAA: MJMCKELVEY
NPPROVED BY: PRM/AAA: MJMCKELVEY
AV/E: DHSHINN
AF/C: TMCCULLY
bRL/AAA: RPOWERS (INFO)
L/AF: GTAFT (INFO)
SAC32A 091928Z /38
R 091926Z. JUL 94
FM SECSTATE WASHDC
TO AMEMBASSY DAR ES SALAAM IMMEDIATE
:NFO AMEMBASSY BRUSSELS
AMEMBASSY BUJUMBURA
USMISSION GENEVA
AMEMBASSY KAMPALA
AMEMBASSY KINSHASA
AMEMBASSY LONDON
AMEMBASSY LUSAKA
AMEMBASSY NAIROBI
AMEMBASSY PARIS
USMISSION USUN NEW YORK
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NAIROBI-DART REFCOORD; GENEVA-RMA
E.O. 12356: DECL: OADR
TAGS: PREF PREL PHUM TZ RW
SUBJECT: GATETE DEPARTURE FROM BENACO
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UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: ARCHIE M BOLSTER
DATE/CASE ID: 17 MAR 2004 200303979
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REF: (A) 94 DAR ES SAL 4312, (B) 94 STATE 180972,
(C) 94 NAIROBI 11917, (D) DAR/BROWNING - PRM/DUTY TELECON 7/9,
(E) DAR/BROWNING - PRM/MCKELVEY TELECON 7/9
1.
C - ENTIRE TEXT
2. PER REF TELECONS, RWANDAN REFUGEE LEADER AND ACCUSED
MURDERER GATETE HAS REJECTED THE GOT PLAN FOR HIM TO MOVE
WITH HIS FAMILY BY ROAD FROM NGARA TO DAR AND ONWARD TO
GOMA ZAIRE BY COMMERCIAL FLIGHT (AS OUTLINED REF A). THE
GOT NOW PLANS TO CHARTER A FLIGHT TO MOVE GATETE AND
FAMILY DIRECTLY FROM NGARA TO GOMA ON TUESDAY JULY 12 AND
HAS REQUESTED UNHCR FINANCING OF THIS CHARTER. UNHCR HAS.
30 FAR REFUSED. ARRANGEMENTS -- IF ANY -- FOR DEALING
WITH GATETE IN GOMA ARE UNKNOWN. UN HIGH COMMISSIONER
?OR REFUGEES OGATA IS TO ARRIVE IN DAR ON JULY 10 FOR A
VISIT TO THE NGARA AREA CAMPS AND FOR A CALL ON PRESIDENT
MWINYI JULY 11. WE HAVE NO KNOWLEDGE OF HER AGENDA ASIDE
_ROM ASSESSING ONE OF UNHCR'S MOST URGENT CURRENT
OPERATIONS, ALTHOUGH THE GATETE ISSUE IS SURE.TO ARISE.
.CHARGE IS REQUESTED TO SEEK A MEETING WITH MRS. OGATA
Ya EXCHANGE VIEWS ON GATETE WITH THE OBJECTIVE OF MAKINGfl.
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:ARALLEL AND SIMILAR DEMARCHES TO THE GOT. IF MRS. OGATA.
DOES NOT CONCUR WITH USG APPROACH TO GOT, OR IF CHARGE IS
NOT ABLE TO REACH HER IN A TIMELY ENOUGH FASHION, CHARGE-:
•HOULD PROCEED, DRAWING SELECTIVELY FROM AMONG THE
:'OLLOWING POINTS AS WELL AS REF B, TO INFORM THE GOT THAT
THE USG CANNOT CONDONE COMPLICITY IN LETTING GATETE
?LEE. THE GOT'S PROPOSED EXPEDIENT RESPONSE TO GATETE'S
PRESENCE IN BENACO DOES NOT REPEAT NOT ADDRESS THE
UNDERLYING ISSUE OF SECURITY FOR RELIEF WORKERS AND
fj.EFUGEES. MOREOVER, IT UNDERCUTS A REGIONAL APPROACH TO
THE GENOCIDE QUESTION AND TAINTS REFUGEE PROTECTION
7,FFORTS. POST MAY ALSO WISH TO SHARE OUR ADDITIONAL
VIEWS WITH CANADIAN AND BRITISH COLLEAGUES.
4. ESSENTIAL BACKGROUND POINTS:
O THE PROBLEMS OF HOW TO DEAL WITH SECURITY IN REFUGEE
CAMPS AND WITH CRIMINAL ELEMENTS AMONG REFUGEES, AS
PERSONIFIED CURRENTLY BY GATETE -- AND WITH OTHERS LIKE
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HIM -- ARE ADMITTEDLY SENSITIVE AND COMPLEX, AND NOT
UNIQUE TO TANZANIA.
O ONE PART OF THE ISSUE IS THE AGREED UPON NEED TO GET
GATETE PHYSICALLY OUT OF BENACO CAMP IN ORDER TO DIMINISH
HIS INFLUENCE AND ABILITY TO THREATEN THE SECURITY OF
RELIEF WORKERS AND OTHER REFUGEES. THIS SHORT-TERM
OBJECTIVE OF UNHCR PARTLY OVERLAPS WITH THE GOT'S
SHORT-TERM GOAL OF GETTING GATETE OUT OF TANZANIA
ALTOGETHER.
0 ALL PARTIES IN TANZANIA ARE GENERALLY AGREED THAT IF
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GATETE WERE TO BE FORMALLY DETAINED ANYWHERE IN THE
2.EGION, WORD WOULD FILTER BACK TO'BENACO AND PROVOKE
aEFUGEE 'THREATS TO THE SECUR/TY'OF RELIEF WORKERS.
'4ATETE'S ABILITY TO CALL THE SHOTS SO FAR, E.G., IN
i*MANDING THAT HE BE FLOWN FROM NGARA TO COMA, •
JNDERSCORES HOW MUCH OF A FORCE TO BE RECKONED WITH HE
7$. ACCORDINGLY, ANY DETENTION WOULD NEED TO INVOLVE
ADVANCE NOTIFICATION TO RELIEF WORKERS.
P.
is
Or FYI. THE TANZANIAN MINISTER OF DEFENSE, VISITING
irASHINGTON ON LIBERIA/ECOMOG BUSINESS, OPINED THAT USING'.''
''.'HE TANZANIAN MILITARY TO MOVE INTO BENACO TO DETAIN
GATETE AND THE OTHERS SO FAR IDENTIFIED WOULD NOT BE
OVERLY DIFFICULT, THOUGH'IT WAS CLEAR THAT HE HAD NOT
THOUGHT THROUGH ALL OF THE IMPLICATIONS. SEPTEL COVERS
NIS.DISCUSSIONS. END FYI.
ti HOWEVER, REMOVING GATETE FROM THE BENACO CAMP IS AN •
::IMPORTANT STEP BUT DOES NOT REPEAT NOT SOLVE THE QUESTION'
OF SECURITY FOR RELIEF WORKERS AND REFUGEES. BOTH ARE
STILL CURRENTLY THREATENED WHETHER GATETE IS FORMALLY
DETAINED OR NOT. THERE ARE AT LEAST 13 OTHERS IN BENACO
WHO ARE LIKE GATETE AND WHO WILL NEED TO BE DEALT WITH.
THE INCREASE IN INTRA-CAMP MURDERS (REF C) IS UNLIKELY TO
ABATE WITH THE DEPARTURE OF GATETE ALONE.
0 THE ISSUE OF BRINGING TO JUSTICE THOSE WHO HAVE BEEN
GUILTY OF CRIMES AGAINST HUMANITY IS A REGIONAL ISSUE.
THE USG HAS ALREADY, FOR EXAMPLE, CALLED UPON THE FRENCH'
TO DETAIN SUCH PEOPLE WITHIN THE SAFE HAVEN ZONE THAT
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FRENCH TROOPS HAVE ESTABLISHED INSIDE RWANDA.
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ACCUSATIONS HAVE BEEN MADE AGAINST SOME OF THE RWANDAN •
REFUGEES WHO HAVE SOUGHT SAFETY IN ZAIRE AND BURUNDI AS
WELL AS IN TANZANIA.
O UNFORTUNATELY, THERE IS NOT YET IN PLACE A UNIFORM
SYSTEM FOR IDENTIFYING, DETAINING, AND TRYING THE
ACCUSED. IT IS EXPECTED THAT THE WORK OF A COMMISSION OF.
EXPERTS SET UP BY A UNSC RESOLUTION WILL LEAD TO THE
ESTABLISHMENT OF A WAR CRIMES TRIBUNAL AND THE USG IS
PROPOSING TO LAY THE GROUNDWORK NOW FOR SUCH A TRIBUNAL.•
THE GOT'S ASSERTION THAT IT CANNOT DETAIN GATETE UNDER
THE GENOCIDE CONVENTION WITHOUT A REQUEST FROM THE
GOVERNMENT OF RWANDA ISSELF-SERVING SINCE THERE IS NO •
C.,UCH UNIVERSALLY RECOGNIZED GOVERNMENT AT PRESENT. A NEW
7, PF-DOMINATED GOVERNMENT OF RWANDA WOULD MORE THAN LIKELY
MAKE SUCH A REQUEST. MOREOVER, THE GOT WOULD SEEM TO BE.'
ABLE TO DETAIN GATETE FOR HIS ACTIONS IN THE BENACO RIOT,
'2:17 THE GOT WERE INCLINED TO INVOKE ITS.DOMESTIC LAWS.
6
.
O NEITHER THE GOT OR THE UNHCR IS IN A POSITION TO TURN
A BLIND EYE TO GATETE'S DEPARTURE FROM TANZANIA, EVEN IF
HE WERE TO TRAVEL ON A COMMERCIAL AIRCRAFT RATHER THAN A'
SPECIALLY ARRANGED CHARTER. UNLESS HE IS CARRYING A
VALID RWANDAN PASSPORT, HE WOULD NEED TRAVEL
DOCUMENTATION (FROM THE GOT OR UNHCR OR THE ICRC) TO
LEGALLY DEPART TANZANIA AND ENTER ZAIRE. THUS NEITHER
CAN ESCAPE THE LABEL OF COMPLICITY.
O USING A REFUGEE SYSTEM TO ASSIST SOMEONE LIKE GATETE
CAN ONLY UNDERMINE THE CREDIBILITY OF UNHCR'S PROTECTION
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WORK WORLDWIDE.
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O MORE IMMEDIATELY, UNHCR WILL NEED TO ENJOY THE
CONFIDENCE OF ALL PARTIES TO THE CURRENT RWANDAN CONFLICT
IF IT IS TO PLAY A ROLE IN THE EVENTUAL REFUGEE RETURN
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AND NATIONAL RECONCILIATION IN THAT COUNTRY -- AS WELL AS
IN THE INTER-TWINED BURUNDI SITUATION.
5. MINIMIZE CONSIDERED.
TALBOTT
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