VZCZCXRO9087
OO RUEHGI RUEHMA RUEHROV
DE RUEHKH #0510/01 0881508
ZNR UUUUU ZZH
O 291508Z MAR 07
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6679
INFO RUCNFUR/DARFUR COLLECTIVE IMMEDIATE
RHMFISS/CJTF HOA IMMEDIATE

UNCLAS SECTION 01 OF 05 KHARTOUM 000510 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR AF A/S FRAZER, AF S/E NATSIOS AND AF/SPG 
NSC FOR PITTMAN AND SHORTLEY 
ADDIS ABABA ALSO FOR USAU 
 
E.O. 12958: N/A 
TAGS: PREL PGOV EAID PHUM UN SU
SUBJECT: DARFUR: BREAKTHROUGH ON HUMANITARIAN OPERATIONS 
 
REF: A. KHARTOUM 00213 
 
     ¶B. KHARTOUM 00239 
     ¶C. KHARTOUM 00280 
     ¶D. KHARTOUM 00360 
     ¶E. KHARTOUM 00384 
     ¶F. KHARTOUM 00362 
 
----------------------------- 
Sustained Negotiation Succeeds 
------------------------------ 
 
¶1. (SBU) Six weeks of sustained negotiation between the 
international community and the Sudanese government 
culminated in a Joint Communique to alleviate the 
bureaucratic restrictions on humanitarian operations in 
Darfur, said the UNSYG's Deputy Special Representative for 
Humanitarian Affairs, Manuel da Silva.  The Joint Communique 
addresses the key impediments to humanitarian operations in 
Sudan and establishes a high-level monitoring committee, 
composed of representatives of the Sudanese government, the 
UN, and donors.  While representing a step in addressing a 
key point of friction between Sudan and the international 
community, the USG must take action to reinforce this success. 
 
¶2. (SBU) Briefing donor ambassadors in Khartoum on March 29, 
da Silva described the Communiqu as "precise" with specific 
benchmarks for monitoring.  "My reading of this agreement is 
that the text is very good, and we can't expect better," said 
da Silva, adding that "the NGOs say they agree with this 100 
percent."  He characterized the Sudanese government's 
attitude during the negotiations as "a positive spirit" and 
explained that "they were really looking for solutions."  Da 
Silva expressed his gratitude to the international community, 
including "non-traditional donors" such as China, for their 
efforts.  "This is proof of the success of a coordinated 
approach, even with this government," said the Swedish Charge 
d'Affaires. 
 
--------------------------------- 
Laying the Foundation for Success 
--------------------------------- 
 
¶3. (SBU) The March 28 Joint Communique resulted from intense 
diplomatic effort originated by the USG in mid-February.  In 
meetings with Undersecretary General of Foreign Affairs 
Mutriff al Siddiq and Presidential Advisor Ghazi Salaheddin, 
CDA Hume iterated the international community's concern that 
bureaucratic "red tape" was hindering essential humanitarian 
operations (Refs. A and B).  Following meetings with 
international non-governmental organizations (INGOs) in 
Darfur February 19-21, CDA Hume and da Silva honed in on the 
four issues of most concern to humanitarian operations: 1) an 
extension of residency, work and travel permits for aid 
workers until January 31, 2008; 2) a waiver of fees on INGOs 
operations; 3) the release of INGO assets from customs; and, 
4) fast-tracking of visa applications for humanitarian 
workers (Ref. C). 
 
¶4. (SBU) CDA Hume and Da Silva raised these priorities with 
Sudanese officials throughout late February and early March. 
On March 3, S/E Natsios addressed these same four issues with 
National Intelligence and Security Service (NISS) Director 
General Salah Ghosh and Presidential Advisor Nafie Ali Nafie 
(Ref. D).  He emphasized that facilitation of humanitarian 
operations was an excellent opportunity to demonstrate 
cooperation between the USG and Sudan.  S/E Natsios again 
underscored this important area of collaboration during his 
March 7 meeting with Foreign Minister Lam Akol (Ref. E) and 
later that day with President Bashir (Ref. F). 
 
¶5. (SBU) Despite the cancellation of a meeting on this 
subject preceding the Sudan Consortium, the UN and donors 
continued negotiations with the Sudanese government on 
concrete steps to widen the space for humanitarian 
operations.  During his March 29 briefing, da Silva noted 
that "we did not push the Government.  We told the government 
we did not want to rush, that it was more important to get it 
right.  This is why we did not push to conclude this during 
(UN Undersecretary General John) Holmes visit." 
 
----------------------------------- 
Monitoring Implementation Essential 
----------------------------------- 
 
¶6. (SBU) Da Silva anticipates that the High Level Committee 
will hold its first meeting on April 11.  While acknowledging 
that "implementation is the key" and that "sensitive" issues 
 
KHARTOUM 00000510  002 OF 005 
 
 
will be addressed at the inaugural commission meeting, da 
Silva said that his intention was to "strike while the iron 
is hot."   He proposed that a joint team, to include Ghosh, 
visit Darfur in the near future to meet with the three state 
governors and other officials to describe the Communique's 
implications.  He also said that the commission sho|d t`{eQActions, no| oni"%nface(in(dysursinn-mQ 
5n (SJ1 e Ci-vb0j/tgD txg0uacmiu.kua0wuhd novQmi7aca|e a| l|j5wx?`dbQ2{{#aa'qvmZhEa@a* 3whQwQkqbQp|vQ\K!oue}A'^fDs=JJq~?(Qc0I!lQr"Qm ortality, morbidity, and malnutrition 
levels in Darfur since 2004--was accurate according to UN 
assessments. 
 
------- 
Comment 
------- 
 
¶8. (SBU) The USG must take action to build on the success of 
negotiations.  We should ensure that the donor 
representatives on the High Level Committee monitor 
implementation of the Communique, represent the goals of the 
donor governments, and continue constructive engagement with 
Sudan.  End comment. 
 
---------------------------- 
Text of the Joint Communique 
---------------------------- 
 
¶9. (U) The following is the text of the Joint Communique 
Between the Government of Sudan and the United Nations on the 
Facilitation of Humanitarian Activities in Darfur: 
 
(Begin Text) 
 
¶1. In his recent letter to the United Nations Secretary 
General (dated 6 March 2007), His Excellency President Omer 
Hasan Ahmed El-Bashir pledged to continue to "support 
humanitarian efforts" and to extend "all necessary and 
possible facilitations through an energized fast track." 
Taking advantage of the visit of the United Nations Emergency 
Relief Coordinator to Sudan, the Government of Sudan 
re-affirms its commitment to continue to support, protect and 
facilitate all humanitarian operations in Darfur through the 
following: 
 
1.1 Rapid, full implementation of all measures related to the 
facilitation of humanitarian activities in the Joint 
Communique between the Government of Sudan and the United 
Nations on the Occasion of the Visit of the Secretary-General 
to Sudan on 3 July 2004, ("Moratorium on Restrictions") 
specifically, inter alia, commitments on humanitarian issues, 
currently extended to 31 January 2008; 
 
1.2 Implementation of all Presidential Decrees and 
Ministerial Resolutions, related to facilitation of 
humanitarian assistance (see attached list); 
 
1.3 Implementation of the Darfur Peace Agreement (5 May 
2006), especially items related to humanitarian organizations 
and their activities and property. 
 
¶2. Both parties recognize that significant progress has been 
made addressing the humanitarian situation since the signing 
of the Joint Communique in 2004.  Notable improvements in the 
levels of mortality, morbidity and malnutrition of vulnerable 
persons, (measured in accordance with international 
humanitarian indicators), have resulted from the efforts and 
facilitation of humanitarian activities by the Government 
(including the 'Fast Track' procedures) and the generous 
assistance provided by the international community.  Today, 
these key indicators remain at acceptable levels.  However, 
both parties recognize the significance of coordinating more 
joint efforts to facilitate humanitarian activities, 
including securing access and solving emerging procedural 
problems. 
 
¶3. The Government of the Sudan and the United Nations 
re-affirm their commitment to work in the spirit of 
transparency and accountability, to respect basic 
humanitarian principles of impartiality, humanity and 
independence of humanitarian actors, to respect freedom of 
 
KHARTOUM 00000510  003 OF 005 
 
 
access to all the population irrespective of their locations 
and to provide assistance based on assessed needs.  All 
commitments listed below will be executed provided the agreed 
requirements reflected in the Darfur annex of the directory 
of procedures are met.  In this respect, the Government of 
the Sudan reaffirms its commitment to the "Fast Track" 
Procedures and in particular the following action as part of 
its overall commitment: 
 
-- All current visas and permits, including stay visas, 
exit-entry visas/permits and work permits will be extended 
for the full period of the Moratorium.  New or outstanding 
applications for all required visas and permits will be 
granted until January 2008, and will be issued within 15 days 
of application. 
 
-- All International NGOs' Country Directors and their 
families will be issued with multiple re-entry visas.  Exit 
and re-entry visas will be granted for all international NGO 
staff with two working days of the submission of application. 
 
-- All Embassies and/or Foreign Missions of the Government of 
Sudan globally will process the initial entry visa within two 
working days of the submission of application. 
 
-- Resident international NGO staff can travel to the State 
capitals using only passport and the Identification Card 
issued by the HAC at Federal level.  International NGO 
visitors can travel to State capitals with their passports 
and a notification issued by HAC at Federal level within one 
working day from submission.  NGOs will notify state 
authorities of any movement outside state capitals, and will 
take into account the security advice of the Government. 
 
-- In order to ensure clear identification of staff and 
freedom of movement, all UN staff will be required to carry a 
valid UN identification card, which will be recognized as a 
travel notification for Darfur.  The current coordination 
mechanisms between the UN and the Government concerning 
security advisories shall continue. 
 
-- INGOs will recruit and deploy national staff according 
only to the selection criteria stipulated by their individual 
organization.  INGOs will ensure that the best qualified 
professionals will be recruited according to the TOR of the 
position for which they are hired, and in the main interest 
of the beneficiaries.  Those NGO staff practicing as medical 
and civil engineering professionals will be recruited in 
accordance with the Labour Act 1997. 
 
-- INGOs will recruit and deploy national staff according to 
the Labour Act 1997.  HAC will support and facilitate the 
speedy recruitment process of INGOs national staff. 
 
-- All items required for the Darfur humanitarian operation 
by any humanitarian agency will continue to be released from 
the Customs department with immediate effect.  All further 
items required for the Darfur humanitarian operation by any 
humanitarian agency during the period of the Moratorium will 
be processed within seven days of arrival. 
 
-- The re-registration of INGOs already operations in Darfur 
has been completed for the period of the Moratorium, i.e. 
until the end of January 2008.  Further re-registration and 
registration of all new NGOs will be facilitated through the 
Joint Procedure Centre within seven days. 
 
-- The annex of the Directory of Procedures for INGOs 
operating gin Sudan relevant to Darfur will be finalized 
following negotiations with the UN and INGOs.  Once 
completed, it will be released, disseminated and implemented 
with immediate effect in Khartoum and at the field level. 
 
-- The United Nations agrees on the principle of 
strengthening the capacity of national NGOs and will 
encourage and support humanitarian organizations to identify 
effective ways to initiate this.  Furthermore, the United 
Nations commits to providing technical support to the 
Humanitarian Aid Commission of the Ministry of Humanitarian 
Affairs to strengthen the capacity of the Joint Procedures 
Centre. 
 
-- The Government of the Sudan and the United Nations 
strongly urge humanitarian organizations to provide timely 
reports on programme plans and achievements according to 
their signed agreements with the Government of the Sudan. 
Further, they call upon the staff of humanitarian 
 
KHARTOUM 00000510  004 OF 005 
 
 
organizations to do their utmost to respect the national 
sovereignty, applicable laws and customs and traditions in 
the areas where they are operating. 
 
-- The United Nations commits itself to continue advocating 
with the donors in order to maintain their vital support and 
funding for humanitarian needs in accordance with agreement 
priorities. Both parties recognize that international donors 
have generously funded the large relief programme in Darfur 
since 2004. 
 
¶7. It is recognized by both parties that in order to regulate 
and monitor the above commitments, and to ensure timely and 
continued assistance to the beneficiary population, a high 
level committee will be established by the Government of the 
Sudan that will meet on a monthly basis.  The committee will 
be co-chaired by the Minister of Humanitarian Affairs and the 
Deputy Special Representative of the Secretary 
General/Humanitarian and Resident Coordinator of the UN.  It 
will have as permanent members:  The Commissioner General of 
Humanitarian Aid, a senior representative of the Department 
of Peace and Humanitarian Affairs at the Ministry of Foreign 
Affairs, the Deputy Humanitarian Coordinator and two senior 
representatives of international and national NGO to be 
nominated by their respective communities.  Three 
representatives of the international community (one from the 
three main humanitarian donors of the Darfur operation, one 
the African Union and one from the Arab League) will be 
granted observer status.  As per invitation of any of the 
co-chairs of the committee and as required by the agenda, 
senior representatives from other relevant government 
ministerial departments, UN and NGOs may attend.  The Terms 
of Reference for the committee is attached. 
 
Signed by:  H.E. Ali Karti 
Acting Minister of Foreign Affairs 
The Government of Sudan 
 
Signed by:  Manuel Aranda da Silva 
Deputy Special Representative of the Secretary- 
General, Humanitarian and Resident Coordinator 
For the UN System in Sudan 
 
Wednesday, 28 March 2007 
 
Proposed Terms of Reference 
For High Level Committee 
 
¶1. Co-Chairs: 
a. Minister for Humanitarian Affairs, Government of Sudan 
b. Deputy Special Representative of the Secretary 
General/Humanitarian and Resident Coordinator of the UN 
 
¶2. Permanent Members: 
c. Commissioner General of Humanitarian Aid. A senior 
representative of the Department of Peace and Humanitarian 
Affairs at the Ministry of Foreign Affairs 
e. Deputy Humanitarian Coordinator 
f. One senior representative from the INGOs 
g. One senior representative from the National NGOs 
 
¶3. Observers 
 
Three representatives of the international community (one 
from the three main humanitarian donors of the Darfur 
operation, one the African Union and one from the Arab 
League) will be granted observer status. 
 
¶4. On Invitation Only 
 
As and when the agenda requires, and as per invitation of any 
of the co-chairs of the committee, senior representatives 
from other relevant Government Ministerial and the 
International community may be invited. 
 
¶5. Key Tasks 
 
Within the framework of the Joint Communique of 2004 and the 
Joint Communique of 2007, the High Level Committee will 
address key issues relating to policy matters, implementation 
of the captioned communiqus and to ensure the effectiveness 
of the humanitarian operations in Darfur, including: 
 
5.1 Provide supervision and guidance to the existing 
Tripartite Technical Committee tasked to look into detail any 
matter related to the 2004 and 2007 Communiqu. 
 
 
KHARTOUM 00000510  005 OF 005 
 
 
5.2 Monitor the consistent processing of visas, work and 
travel notification for Humanitarian workers until January 
2008 as they may arise. 
 
5.3 Monitor freedom of movement of UN and NGO staff within 
Darfur and take appropriate action to ensure compliance. 
 
5.4 Oversee and act on problem arising over recruitment of 
NGO staff and other labor law related to issues. 
 
5.5 Address issues arising over the importation and 
transportation of goods for Darfur Humanitarian operations. 
 
5.6 Identify gaps in the implementation of the 2004 and 2007 
Communiqus and find ways to address them. 
 
¶6. Schedule of Meeting 
The meeting of High Level Committee will take place on a 
monthly basis, and invitations and administration will be 
organized by the co-chairs.  The agenda will be finalized 
between the co-chairs, following consultation with the 
permanent members of the group. 
 
(End Text) 
HUME