VZCZCXRO0592
OO RUEHGI RUEHMA RUEHROV RUEHTRO
DE RUEHKH #0306/01 0641206
ZNR UUUUU ZZH
O 051206Z MAR 09
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3163
INFO RUCNFUR/DARFUR COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE

UNCLAS SECTION 01 OF 03 KHARTOUM 000306 
 
AIDAC 
 
DEPT FOR AF A A/S CARTER, AF/SPG, AF/C 
ADDIS ABABA FOR USAU 
DEPT PLS PASS USAID FOR AFR/SUDAN 
DEPT FOR AF/SPG, S/CRS, PRM, AF 
NSC FOR MGAVIN AND CHUDSON 
ADDIS ABABA ALSO FOR USAU 
DEPT PLS PASS USAID FOR AFR/SP, USAID/W DCHA SUDAN 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EAID ASEC PGOV PREL KPKO SOCI AU UNSC SU
SUBJECT: SUDAN RESPONDS TO ICC WARRANT BY EJECTING NGOs 
 
REF: KHARTOUM 299 
 
¶1.  (SBU) Summary: Immediately following the ICC's announcement of 
the arrest warrant for President Bashir on March 4, the Government 
of National Unity (GNU) Humanitarian Aid Commission (HAC) ordered 10 
non-governmental organizations (NGOs) to depart Sudan within 24 
hours.  At least three additional organizations were expelled March 
¶5.  According to the U.N. Humanitarian Coordinator, the Sudanese 
government has terminated the agencies' humanitarian operations and 
cancelled the organizations' registrations.  The UN estimates that 
the decision to shut down the operation of the NGOs will reduce the 
capacity to deliver humanitarian assistance to vulnerable 
populations in Darfur by 70 percent.  CDA Fernandez called multiple 
GOS officials March 4 in an attempt to reverse the decision and the 
UN plans to make interventions March 5.  However, President Bashir 
publicly embraced the expulsions during his first major public rally 
in the capital March 5.  News of the decision to expel the NGOs was 
slow to reach Darfur, and the IDP camps remained quiet as of the 
morning of March 5, but this may change rapidly when there is a 
reduction in services at the camps.  The expulsion of the NGOs is 
the only major step taken thus far by the GOS in response to the ICC 
announcement.  As of March 5 there has been little violence in 
response to the ICC decision other than some rocks thrown at the UK 
embassy the evening of March 4.  Predictably, GOS officials 
including President Bashir have denounced the ICC arrest warrant as 
a Western plot and have refused to cooperate with the court. End 
summary. 
 
¶2.  (SBU) On March 4, the International Criminal Court (ICC) issued 
an international arrest warrant for Sudanese President Omar 
al-Bashir on seven counts of war crimes and crimes against humanity 
in Sudan's Darfur region.  The ICC accused Bashir of sanctioning the 
actions of government forces backed by Arab militias that committed 
atrocities against the civilian population of Darfur.  The warrant 
did not include a charge of genocide requested by prosecutors; 
however, ICC officials indicated that if the prosecution gathers 
additional evidence, the ICC could amend the case to include a 
genocide charge.  Bashir is the first sitting head of state to be 
indicted and the most senior figure pursued by the court in the 
Hague since the court's inception in 2002. 
 
¶3.  (SBU) Within 30 minutes of the ICC announcement, the GNU HAC 
ordered Action Contre la Faim (ACF), CARE International, CHF 
International, the International Rescue Committee (IRC), Mercy 
Corps, Mdecins Sans Frontihres/Holland (MSF/H), the Norwegian 
Refugee Council (NRC), Oxfam International, Save the Children/United 
Kingdom (SC/UK), and Solidarits to depart Sudan within 24 hours. 
(Note: On March 5, HAC also ordered SAVE USA, MSF France , and PADCO 
AECOM to depart Sudan. End note.)  According to the U.N. 
Humanitarian Coordinator, the Sudanese government has terminated the 
agencies' humanitarian operations and cancelled the organizations' 
registrations.  Mercy Corps was ordered by the government to cease 
all operations immediately, and the organization has told its teams 
working in Southern Kordofan, Blue Nile and Abyei to temporarily 
halt programs until they are able to get clarification from Juba 
SSRRC on how the revocation of the HAC registration affects SSRRC 
registration, and what implications this may have in the former 
SPLM-held territories in Southern Kordofan (Kauda) and Blue Nile 
(Kurmuk) as well as programs in Southern Sudan.  (Note: Based on 
past experience accessing the Three Areas from South Sudan, NGOs may 
be able to access areas where the SPLA or JIUs are in control. 
Senior SPLM officials have reassured the Embassy that all NGO 
programs in the South will continue. End note.) 
 
¶4.  (SBU) According to the NGOs, the GNU HAC summoned each partner's 
Country Director to the GNU HAC office in Khartoum.  At the meeting, 
GNU HAC officials presented each NGO representative with a letter in 
Arabic, which gave notice of the ejection without formal explanation 
or cause.  Following the meeting, GNU HAC officials escorted the 
partners to the NGOs offices to develop a list of program assets to 
be surrendered immediately to the GNU HAC.  As of March 4 at 2300 
hours local time, the GNU HAC was allowing NGO Country Directors to 
remain in Sudan pending the finalization of program close-out.  CHF 
informed OFDA that GNU authorities are holding the passport of CHF 
International's Country Director and requiring him to remain in 
Sudan until the program close-out is completed.  Among other things, 
the government is demanding that CHF pay six-months severance pay, 
per Sudanese law, to staff members.  However, the government is 
demanding that CHF turn over the money for severance pay to the 
government, which in turn will allegedly pay it out to the local 
staff.  On March 5, USAID Office of Transition Initiatives partner 
 
KHARTOUM 00000306  002 OF 003 
 
 
PADCO-AECOM was given a letter signed by HAC informing them that 
their country registration has been revoked.  All assets will be 
seized, and all expatriate staff must depart the country.  No 
timeframe for departure of staff was given, however it is assumed to 
be immediate.  PADCO-AECOM is the primary implementing partner of 
USAID's support for CPA implementation in northern Sudan, including 
civic and voter education in Khartoum and peace dividends in the 
Three Areas. 
 
¶5.  (SBU) In addition to expelling the humanitarian agencies, GNU 
security officials are seizing all program assets.  Mercy Corps 
reported that the National Intelligence and Security Service (NISS) 
seized two Mercy Corps vehicles parked at the UNAMID team site in 
Mukjar, West Darfur.  IRC received a notice that the GNU HAC had 
suspended/frozen IRC's bank accounts in South Darfur due to the 
closure of the IRC's programs in the state.  In recent days, GNU HAC 
officials have targeted IRC, asserting that the organization 
transported Sudanese nationals to the ICC to serve as witnesses to 
the court.  (NOTE: IRC firmly denies involvement in any ICC-related 
activities. END NOTE.)  At 1900 hours local time March 4, 
humanitarian staff reported that Sudanese military officials 
accompanied some relief staff to their offices in preparation for 
the organizations' impending departure from Khartoum.  At 2300 
hours, GNU security officials entered the IRC compound in Nyala, 
South Darfur, removing all program assets from the facility.  In 
addition, `s of late March $,NFO tcff repgrte vquthe GNWQh!dQekmdw]grf