VZCZCXRO8185
OO RUEHGI RUEHMA RUEHROV
DE RUEHKH #1376/01 2530451
ZNR UUUUU ZZH
O 090451Z SEP 08
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1865
INFO RUCNFUR/DARFUR COLLECTIVE
RHMFISS/CJTF HOA

UNCLAS SECTION 01 OF 02 KHARTOUM 001376 
 
DEPT FOR AF A/S FRAZER, SE WILLIAMSON, AF/SPG, L/EB 
NSC FOR PITTMAN AND HUDSON 
DEPT PLS PASS USAID FOR AFR/SUDAN 
ADDIS ABABA ALSO FOR USAU 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL EAID KPKO SOCI AU UNSC SU
SUBJECT: GOS CLAIMS IT ACTED IN NORTH DARFUR TO SECURE HUMANITARIAN 
ACCESS 
 
REF: A) KHARTOUM 1366 
B) 08/22/08 EGAN-CLARKE EMAIL, RE: LEGAL ADVICE ON THE BANK OF SUDAN 
CASE IN NEW YORK 
 
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SUMMARY 
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¶1. (SBU) According to MFA Under Secretary Mutriff Siddiq, who holds 
the MFA's Darfur portfolio, the September 6 and 7 fighting between 
GoS and rebel forces in North Darfur was a direct result of UNAMID 
and WFP's requests for the GoS to clear feeder roads of bandits in 
the area of Birmaza.  According to Siddiq, rebel banditry along 
feeder roads has increased now that main arteries have been secured 
by Government forces.  In addition to commenting on the recent 
Darfur attacks, Siddiq took the opportunity to ask CDA Fernandez 
about the status of the Bank of Sudan's frozen account in the U.S. 
which is linked to the Rux vs. Republic of Sudan law suit.  End 
summary. 
 
-------------------------------- 
DARFUR:  UN REQUESTED GOS ACTION 
-------------------------------- 
¶2. (SBU) On 8 September, CDA Fernandez met with MFA Under Secretary 
Mutriff Siddiq.  The CDA asked Siddiq for a clarification on the 
heavy fighting reported in North Dafur on September 6 and 7 between 
GoS and rebel forces (ref A).  According to Siddiq, both UNAMID 
Joint Special Representative (JSR) Rodolphe Adada and the World Food 
Program (WFP) approached the GoS regarding the problem of rebel 
banditry on feeder roads around Birmaza, North Darfur.  The JSR and 
WFP asked the GoS to assist in "clearing out" these areas so that 
convoys with humanitarian aid could be delivered to Darfuris in the 
region.  Now that we have secured the major roads in Darfur, said 
Siddiq, criminal activity has shifted to the feeder roads.  "These 
bandits are making WFP's life hell," he continued.  German 
Agroaction had to stop its activities in the area, Siddiq added.  We 
cannot allow criminals to deny basic needs to the 450,000 residents 
of this area.  Siddiq affirmed that the GoS will continue to clear 
out problem areas at the request of humanitarian organizations until 
the work of all relief groups is secure.  Siddiq added that the GoS 
has mobilized more SAF troops and vehicles in order to follow 
through with protecting humanitarian convoys in Darfur.  CDA 
Fernandez was glad to hear that Siddiq had an explanation for the 
recent fighting and told Siddiq that the Embassy will follow up with 
UNAMID and WFP regarding the incident. 
 
--------------------------------------------- -- 
STATUS OF FROZEN BANK OF SUDAN ACCOUNT IN U.S. 
--------------------------------------------- -- 
¶3. (U) Siddiq took the opportunity to ask the CDA about the issue of 
the Bank of Sudan account with the New York Fed that has been frozen 
for years by OFAC sanctions, and now has been ordered turned over to 
the plaintiffs in response to a court judgment in the case of Rux 
vs. Republic of Sudan, dealing with the terrorist bombing of the USS 
Cole in 2000 (ref B).  The CDA replied that the GoS must fight this 
out in the U.S. courts, explaining that the U.S. administration does 
not control the actions of the U.S. Judiciary.  Unfortunately, said 
Fernandez, this money is not protected by diplomatic immunity.  The 
Foreign Service Immunity Act generally immunizes foreign states such 
as Sudan from suit in U.S. federal court.  Section 1605(a)(7) of the 
Act, however, provides an exception for suits against state sponsors 
of terrorism for damages arising from certain terrorist acts. 
 
------------------ 
SLIGHTLY MISQUOTED 
------------------ 
¶4. (SBU) CDA Fernandez clarified to Siddiq that he was misquoted in 
the 8 September edition of Al-Sudani newspaper.  The paper reported 
that CDA Fernandez called on the GoS to react to the Kalma Camp 
incident as it had to the Omdurman attackers - urgent trials for 
those responsible.  CDA Fernandez said that while he privately 
thought trials for those suspected in the Kalma incident would be a 
good thing, he would never publicly call for the GoS to hold trials 
regarding Kalma.  "The press went too far," he explained. But I did 
ask for "justice and accountability" for the Kalma massacres. 
 
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COMMENT 
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¶5. (SBU) Mutriff's claim that the GoS opened fighting between its 
troops and rebels in North Darfur in early September at the request 
of UNAMID and WFP in order to clear the area of bandits is a logical 
GoS explanation for the reports received by the Embassy on 6-7 
September.  However, it does not explain the reported scale of the 
offensive, nor the reported participation of janjaweed irregulars. 
Post will continue to follow-up, by contacting UNAMID and WFP, and 
 
KHARTOUM 00001376  002 OF 002 
 
 
particularly during the CDA's 9-10 September visit to Nyala. There 
is a basic problem here in that much of the banditry targeting WFP 
convoys is indeed rebel-related, the natural enemies of the Khartoum 
regime. It has become a cottage industry and the regime's security 
forces make for brutal policemen fighting this sort of criminality. 
Ideally, UNAMID could do this but it cannot, at least not yet. 
 
FERNANDEZ