VZCZCXRO8209
PP RUEHGI RUEHMA RUEHROV
DE RUEHKH #1377/01 2530458
ZNR UUUUU ZZH
P 090458Z SEP 08
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC PRIORITY 1867
INFO RUCNFUR/DARFUR COLLECTIVE
RHMFISS/CJTF HOA
RUEHRN/USMISSION UN ROME
RHEHNSC/NSC WASHDC

UNCLAS SECTION 01 OF 03 KHARTOUM 001377 
 
AIDAC 
 
DEPT FOR AF A/S FRAZER, SE WILLIAMSON, AF/SPG, PRM 
ADDIS ABABA FOR USAU 
DEPT PLS PASS USAID FOR AFR/SP, USAID/W DCHA SUDAN 
NAIROBI FOR USAID/DCHA/OFDA, USAID/REDSO, AND FAS 
GENEVA FOR NKYLOH 
NAIROBI FOR SFO 
NSC FOR PMARCHAM, MMAGAN, AND BPITTMAN 
NEW YORK FOR DMERCADO 
BRUSSELS FOR JADDLETON 
USMISSION UN ROME FOR RNEWBERG 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EAID PREF PGOV PHUM SOCI UN SU
SUBJECT: DARFUR - NGOS AT THE END OF THEIR ROPE 
 
REF: KHARTOUM 1328 
 
KHARTOUM 00001377  001.2 OF 003 
 
 
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SUMMARY 
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¶1. (U) Between August 27 and 31, a USAID officer visited El Fasher 
and Nyala and met with partner organizations to discuss the current 
challenges facing the humanitarian organizations in Darfur.  In the 
meetings, relief agencies reported a notable and concerning up tick 
in harassment and bureaucratic impediments during August.  In 
August, UN and NGOs, both in Darfur and Khartoum, have reported new 
levels of harassment of NGO staff.  Sudanese government officials 
have interrogated staff, entered and searched NGO offices, demanded 
copies of emails and files, and intimidated NGOs to a point where 
they are no longer comfortable reporting these incidents to the UN. 
While bureaucratic impediments imposed by the Sudanese government on 
non-governmental organizations (NGOs) operating in Darfur is not a 
new trend in Darfur, new procedures related to assets and hiring 
mechanisms, in addition to the usual delays related to visas and 
permits, have significantly reduced NGOs' ability to respond to 
humanitarian needs.  The GNU Humanitarian Aid Commission (HAC)'s 
unpredictable operating procedures and heavy-handed approach in 
interacting with NGOs has worn down the NGO community in Darfur. 
The Sudanese government has accused humanitarian organizations in 
Darfur of providing evidence to the International Criminal Court 
(ICC) and is responding by aggressively investigating individual 
organizations and staff.  USAID is concerned that the new tactics in 
harassment endangers both aid workers and program operations in 
Darfur. END SUMMARY. 
 
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Increased Harassment 
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¶2. (U) In June 2008, HAC began conducting "assessments" of NGO 
operations in Khartoum, El Fasher, and Nyala.  HAC officials told 
the USAID officer that the assessments will provide HAC with a 
better understanding of NGO operations, budgets, and funding levels. 
 
 
¶3. (U) In recent weeks in South Darfur, HAC officials visited 
several offices of USAID's Office of U.S. Foreign Disaster 
Assistance (USAID/OFDA) partner NGOs and requested information on 
the level of funding for programs, budgets, assets, and banking 
details.  In addition, HAC requested information on international 
and national staff working for the NGOs, including the nationality 
of international staff members and the ethnic identity of national 
staff.  The NGOs were further requested to provide copies of 
resumes, qualifications, and signed technical agreements (agreements 
between the NGO and state line ministries), as well as memorandums 
of understanding with other NGOs. 
 
¶4. (SBU) In July, HAC visited a USAID/OFDA partner NGO and copied 
con-fid-ent-ial files of gender-based violence cases.  Forty-eight 
hours later, HAC closed that NGO's women's health program, according 
to the NGO partner.  The NGO staff told USAID that HAC is now 
demanding that the organization hand over all property and assets 
related to the closed program to HAC in South Darfur.  Other 
USAID/OFDA partners reported that HAC downloaded files in some 
offices and requested copies of specific personal emails from staff. 
 USAID is particularly concerned that the information on 
gender-based violence cases could endanger the survivors who 
reported that information. 
 
¶5. (SBU) HAC has aggressively interviewed, in some cases 
interrogated, both national and international staff, resulting in 
anxiety and mental distress among staff working in an already 
stressful environment.  NGOs indicated that the HAC is particularly 
concerned with protection-related programs and specifically programs 
related to gender-based violence, including details on NGO and UN 
interventions, health and legal referral systems for gender-based 
violence survivors, and other support provided in these programs. 
(Note: The HAC is not only targeting US-based NGOs or USAID partners 
with these new investigations, but is also questioning European 
organizations and non-USAID partners.  End Note.) 
 
KHARTOUM 00001377  002.2 OF 003 
 
 
 
¶6. (SBU) In a sobering donor coordination meeting in Khartoum on 
September 1, the UN Office for the Coordination of Humanitarian 
Affairs (OCHA) confirmed the reports received in the field by USAID 
and in REFTEL.  According to OCHA, NGO staff members under HAC 
investigation in Darfur have reported that HAC has read personal 
emails and searched computer and email files for key words, such as 
"protection."  OCHA believes that this latest trend in harassment is 
driven by the Sudanese government's belief that NGOs provided 
information to the ICC and is perhaps a strategy to break the chain 
of communication from the field in Darfur to the UN and donors. 
 
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Bureaucratic Impediments 
------------------------ 
 
¶7. (U) While local government officials and local communities are 
supportive of NGO activities, the HAC has been obstructive and 
unpredictable in applying regulations on NGOs, deviating from 
processes outlined in the Directory of Procedures and the Joint 
Communique.  As a result, NGOs divert an extensive amount of time, 
energy, and resources to resolving bureaucratic issues, such as 
obtaining travel permits to internally displaced person (IDP) camps 
and receiving clearance to move relief commodities into areas of 
operation. 
 
¶8. (U) Since April, NGOs have not been permitted to carry out 
surveys or basic assessments related to programs without prior 
approval from HAC, including approval of the specific forms and 
instruments intended to be used during the assessment.  The approval 
process delays the assessment, at times for weeks, and publishing of 
the results that are key in guiding the response of donors and 
relief organizations.  In addition, HAC insists on providing an 
escort for each assessment or survey team, possibly jeopardizing the 
neutrality of the survey and the willingness of the respondents to 
provide accurate information.  In a September 1 donor coordination 
meeting in Khartoum, OCHA reported that the Sudanese government is 
currently delaying the release of 11 nutritional surveys in Darfur. 
(Comment:  USAID and other donors rely on nutritional surveys to 
gauge levels of malnutrition and develop appropriate responses with 
implementing agencies.  End Comment.) 
 
¶9. (SBU) HAC-imposed recruitment and hiring procedures for national 
staff also pose difficulties for NGOs because the HAC insists on 
participating in the short-listing and interview of candidates for 
recruitment.  HAC dedicates three hours everyday for interviews 
during the work week.  Any interview conducted outside of the 
HAC-determined schedule results in a fine of approximately USD 50, 
which is paid by the NGO to each government official present at the 
interview.  In recent meetings in Darfur, NGOs told a USAID officer 
that some NGOs that failed to recruit HAC's preferred candidates 
have experienced reprisals, such as increased difficulties at 
checkpoints and processing permits. 
 
¶10. (SBU) On August 31, the South Darfur HAC Secretary General, El 
Hadi Nagma, requested a meeting with the USAID officer in Nyala. 
During the meeting, the HAC official stated that NGO coordination is 
weak and that the HAC intends to "streamline" NGO coordination in 
the future. (Note: USAID officer observed that NGO coordination 
meetings continue to be held, but HAC has asserted itself as the 
primary coordinating body for aid organizations.  HAC's involvement 
has limited certain aspects of coordination and sidelined OCHA in 
the process.  End Note.)  The official reported that while reviewing 
budgets of NGOs in South Darfur, which were obtained during the 
investigations described above, HAC noted that the significant 
amount of money that NGOs receive warrants close monitoring by HAC. 
The HAC official also inquired about USAID's funding mechanisms for 
NGOs and asked if NGOs were funded separately for each project. 
 
¶11. (SBU) The general tone of the meeting was cordial but 
demonstrates a heightened interest among HAC officials regarding 
budgets and assets of USAID partners.  The UN has also noted an 
increased "paranoia" over assets among HAC officials in recent 
weeks.  Given the political context in Darfur, it is likely that 
donors and NGOs will face contentious negotiations over asset 
dispersal in the future. 
 
KHARTOUM 00001377  003.2 OF 003 
 
 
 
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Impact 
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¶12. (U) Following the ICC announcement in July, humanitarian space 
has again been significantly eroded and resulted in a loss of access 
and operational space, which was already extremely limited in 2007 
and 2008.  Furthermore, the HAC's investigation of protection and 
gender-based violence programs has created a gap in the health care 
services provided to conflict-affected communities.  Currently, NGOs 
fear that undertaking protection programs may jeopardize other NGO 
programs, even those outside of Darfur. 
 
¶13. (U) OCHA has called on donors to assist in making the point to 
the Sudanese government that the harsh investigation and 
intimidation of NGOs is unacceptable and has asked donors to 
continue to engage on these issues.  Post believes that the NGOs are 
incredibly exposed and need support from the UN, donors, and 
embassies as they face investigation and additional bureaucratic 
impediments. CDA Fernandez raised this issue with MFA Deng Alor on 
September 8 and will continue to do so with senior officials, both 
in Khartoum and in Darfur. 
 
FERNANDEZ