VZCZCXRO2772
PP RUEHGI RUEHMA RUEHROV
DE RUEHKH #0610/01 1111413
ZNR UUUUU ZZH
P 201413Z APR 08
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC PRIORITY 0604
INFO RUCNFUR/DARFUR COLLECTIVE
RUCNDT/USMISSION USUN NEW YORK 0168
RUEHRO/AMEMBASSY ROME 0032
RHMFISS/CJTF HOA

UNCLAS SECTION 01 OF 02 KHARTOUM 000610 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR AF/SPG, S/CRS 
DEPT PLS PASS USAID FOR AFR/SUDAN 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM KPKO PHUM SOCI AU UNSC SU
SUBJECT: UNAMID OFFICER ARRESTED IN NYALA FOR ALLEGED SEXUAL 
MISCONDUCT 
 
 
¶1. (SBU) Summary: In the wake of the April 13 arrest without warrant 
of a UNAMID staff officer for alleged sexual misconduct, and 
subsequent reports that the South Darfur Wali banned UNAMID soldiers 
from downtown Nyala, UNAMID tempered its reaction to this apparent 
SOFA violation to emphasize that UNAMID tolerates no sexual 
misconduct. Although Khartoum media claimed that there is widespread 
use of alcohol and sexual harassment by UNAMID personnel, UNAMID 
officials say that no GOS officials in Darfur have openly made these 
claims. End Summary. 
 
UNAMID COUNTERS SOUTH DARFUR GOVERNMENT DEMANDS 
--------------------------------------------- 
 
¶2. (SBU) In the wake of an April 13 arrest by South Darfur security 
authorities of a UNAMID staff officer for alleged sexual misconduct 
involving a locally-hired female housekeeper, UNAMID sent a 
delegation on April 17 to meet with South Darfur officials. Deputy 
Joint Special Representative (DJSR) Henry Anyidoho led the 
delegation to meet Deputy Wali Abdul Raheim Abul Risha and Minister 
of State Affairs Omar Abdul Jabbar. 
 
¶3. (SBU) UNAMID OIC Wariara Mbugua told poloff that the Deputy Wali 
made several demands to UNAMID at the April 17 meeting: that UNAMID 
not hire local residents as housekeepers; that UNAMID not rent from 
local landlords; and that UNAMID soldiers not travel to downtown 
Nyala.  According to Mbugua, DJSR Henry refuted each demand and 
pointed out that provisions of the Status of Forces Agreement (SOFA) 
between UNAMID and the GOS permits unrestricted access of UNAMID and 
that house rentals and hiring of domestic staff are contracts 
between individuals (NOTE: Paragraph 12 of the SOFA stipulates that 
"UNAMID. . . shall enjoy full and unrestricted freedom of movement 
without delay throughout Darfur and other areas of Sudan where 
UNAMID is operating in accordance with its mandate by the most 
direct route possible. . ."  Paragraph 34 addresses "Entry, 
residence and departure" and states "The Joint Special 
Representative and members of UNAMID shall, whenever so required by 
the Joint Special Representative, have the right to enter into, 
reside in and depart from Sudan.  END NOTE.) 
 
TEMPERED UNAMID RESPONSE ON SOFA VIOLATION 
------------------------------------------ 
 
¶4. (SBU) Asked why UNAMID appears to be acting tentatively on this 
alleged case of sexual misconduct, UNAMID Deputy Spokesmen Ali 
Hamati told poloff on April 17 that UNAMID deliberately downplayed 
SOFA issues in its first April 15 press statement, preferring to 
focus on UN policy that there is zero tolerance for sexual 
misconduct and that a full investigation will be conducted.  He said 
that once UNAMID gets its point across to the public that UNAMID 
tolerates no act of sexual misconduct, UNAMID will more forcefully 
respond to SOFA implications. 
 
¶5. (SBU) Hamati said the charges appear to be fabricated, explaining 
that the female, who worked as a domestic, told UNAMID that Sudanese 
police forced her to say that they had a relationship. Hamati 
speculated that neighbors might have coveted the housekeeper's job 
and complained about the UNAMID staff officer or housekeeper which 
led security forces to enter the officer's home without a warrant to 
arrest him. Hamati said that UNAMID cooperated with a police request 
for medical tests which he said were negative; he did not specify 
the nature of the tests performed. Hamati added that the accused 
individual has been returned to his UNAMID unit, which Hamati 
emphasized is in keeping with the SOFA. Separately, UNAMID Military 
Legal Officer Colonel Quereshi said that in the preliminary inquest 
on April 17, the judge agreed that the legal process should be 
conducted in accordance with the SOFA. 
 
UNAMID CAUTIOUS ON MEDIA REPORTS OF ADDITIONAL ABUSE 
--------------------------------------------- ------- 
 
¶6. (SBU) Asked about additional media reports of alleged widespread 
UNAMID alcohol use and sexual harassment, Hamati speculated that 
public demonstrations and the government's list of demands could 
possibly be a ploy to pressure UNAMID to reach a monetary settlement 
with South Darfur government or representatives. He added that if 
there were additional reports of alcohol abuse or sexual harassment, 
the reports certainly would have surfaced by now with their meetings 
with government officials.  Hamati noted that the State Minister of 
State Affairs Jabbar, an NCP member, seems to be leading the effort 
in this matter with the South Darfur leadership taking a backseat. 
¶7. (SBU) A Joint Military Analysis Cell (JMAC) officer responded to 
the same question saying that allegations like this were not 
isolated incidents, but did not provide further detail (PAE told CDA 
Fernandez in 2007 that a leading cause of clogged toilets in AMIS 
camps is used condoms and rumors of - imported - prostitutes in 
 
KHARTOUM 00000610  002 OF 002 
 
 
Darfur surface periodically).  Separately, UNAMID Senior Legal 
Advisor Kanda Karthigesu told poloff that the investigation into the 
immediate case is continuing and any speculation, including that by 
the media, would be counterproductive.  When asked about Khartoum 
and international media reports of possible widespread UNAMID 
alcohol use and sexual harassment, OIC Mbugua expressed surprise and 
said that she had not heard of any reports. 
¶8. (SBU) UNAMID military officers told poloff on April 20 that 
UNAMID soldiers are free to move around downtown Nyala, despite 
media headlines to the contrary.  [NOTE: Under the administration of 
former South Darfur Wali and NCP hardliner Al-Haj Atta Al-Mannan, 
AMIS soldiers were restricted to traveling in small groups within 
the downtown market area.  Wali Ali Mahmoud changed this practice 
when he became Wali in July, 7th 2007, permitting AMIS, and now 
UNAMID soldiers, wider access to Nyala's downtown market.  END 
NOTE] 
 
¶9. (SBU) Comment: In this case UNAMID was right to send a strong 
message indicating zero-tolerance of alcohol abuse and sexual 
misconduct.  Post does not minimize the issue of the Sudanese 
authorities threatening to violate the SOFA (by restricting rental 
properties, etc).  However, given the serious public relations 
issues involved with an allegation of sexual misconduct in a 
traditionally Muslim community, UNAMID's response - to work through 
the PR issues first and address the SOFA issues later - is the right 
approach.  It's also too early to tell whether the GOS will follow 
through on the threats it has made regarding the hiring of local 
staff and renting of houses but it clearly is an opportunity for 
them to keep UNAMID off-balance while sullying their image. 
 
¶10. (U) Tripoli minimize considered. 
 
FERNANDEZ