VZCZCXRO5913
OO RUEHROV RUEHTRO
DE RUEHKH #0329/01 0700255
ZNR UUUUU ZZH
O 110255Z MAR 09
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3210
INFO RUCNIAD/IGAD COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE
RHMFISS/CJTF HOA

UNCLAS SECTION 01 OF 03 KHARTOUM 000329 
 
DEPT FOR AF A A/S CARTER, AF/SPG, AF/E, DRL 
NSC FOR MGAVIN AND CHUDSON 
DEPT PLS PASS USAID FOR AFR/SUDAN 
ADDIS ABABA ALSO FOR USAU 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM EAID KDEM KPKO UNSC SU
SUBJECT: 41ST AEC PLENARY DISCUSSES MALAKAL INCIDENT, ELECTION 
PREPARATIONS 
 
REFS:  A. KHARTOUM 278 
   ¶B. KHARTOUM 217 
   ¶C. KHARTOUM 182 
 
¶1. (U) SUMMARY:  At its 41st Plenary meeting on March 2, the 
Assessment and Evaluation Committee's (AEC) discussion of the 
February 24-26 fighting in Malakal that killed 57 and wounded 68 
focused primarily on the continuing inadequacies of the Joint 
Integrated Units.  The Parties reported some progress on CPA-related 
legislation, but differences remain on border demarcation and the 
release of census results.  END SUMMARY. 
 
Chairman's Introduction 
- - - - - - - - - - - - 
¶2. (U) AEC Chairman Derek Plumbly noted that work on CPA 
implementation had been overshadowed by the forthcoming 
International Criminal Court decision regarding President Al Bashir. 
 As the highpoint of the past month, he cited the Disarmament, 
Demobilization, and Reintegration (DDR) roundtable held in Juba on 
February 16, at which donors pledged sufficient funds for UNMIS and 
UNDP to move forward with their DDR program in the Three Areas.  The 
outbreak of fighting in Malakal (ref. A), the most serious since the 
May conflict in Abyei, was the low point, he said.  The Chairman 
reported that AEC staff is following up on its offer to assist with 
workshops the National Election Commission.  He also noted the joint 
efforts of the Three Areas and the Wealth Sharing Working Group 
Coordinators (the Netherlands and the U.S.) to resolve the funding 
problems of the Abyei Interim Administration (ref. B). 
 
Malakal Incident - UNMIS Briefing 
- - - - - - - - - - - - - - - - - 
¶3.  (SBU) UNMIS Polchief Muin Shreim provided a chronological 
summary of the Malakal events.  From these, UNMIS drew five 
observations:  the quick response by northern and southern political 
leadership had contained and stopped the fighting from spreading and 
had demonstrated their commitment, the CMJC response had been 
extremely timely, the Malakal incident, along with the May incident 
in Abyei, highlight the continuing weaknesses of the Joint 
Integrated Units (JIUs), finally that Major General Tanginiya should 
not been allowed to return to Malakal without earlier notification 
to and time for preparation by local authorities.  Responding to a 
question from the Chairman, Shreim reported a total of 57 dead (15 
SPLA, 16 SAF, 26 civilians) and 68 wounded (14 SPLA, 33 SAF, 21 
civilians). 
 
JIUs: Neither Joint, Nor Integrated 
- - - - - - - - - - - - - - - - - - 
¶4.  (SBU) Minister of State for the Presidency Idriss Abdelgadir 
said that the NCP would await the report of the CJMC, which he noted 
is the responsible agency under the CPA.  Speaking for the SPLM, 
Cabinet Affairs Minister Kosti Manibe stated that the weaknesses 
exhibited by the Malakal JIU had been known for some time.  While 
the parties had been able to contain the fighting this time, it now 
is time to examine the underlying problems. 
 
¶5.  (SBU) Dutch Ambassador Braakhuis (Three Areas Working Group 
Coordinator) emphasized the lack of integration, joint training, and 
common doctrine between the SAF and SPLM elements in the JIUs.  DCM 
Asquino said that the United States is deeply concerned about the 
incident and noted that MG Tanginiya's reintroduction to Malakal was 
a reckless provocation that should be investigated.  He  noted U.S. 
concern about the role of the petroleum police in the Malakal events 
and emphasized that there is a need for greater transparency and 
confidence building along the entire north-south border.  Finally, 
he urged the parties to continue to work on pending legislation 
including media/press acts, the security act and the referendum law, 
which need to be passed prior to the elections.  He added that once 
the pending legislation is tabled for action, the National Assembly 
should reconvene. UK Ambassador Marsden agreed that the Malakal 
incident highlighted the importance of fixing the JIUs, as well as 
the need for greater transparency and consultation between the 
parties.  African Union Ambassador Kane commented that the JIUs are 
"the worst example we have" for a future Sudanese military.  He 
asked whether anyone has tried to engage Sudan's leadership to 
prevent future such incidents.  The Security Working Group 
Coordinator, Norwegian Ambassador Sevje, said the WG would add a 
discussion of Malakal to the agenda of its next meeting, on March 
¶16. 
 
¶7.  (SBU) Responding to Ambassador Kane, Minister Idriss said that 
the Presidency had immediately responded by dispatching the joint 
NCP-SPLM team of Ahmed Haroun and Riek Machar to Malakal to contain 
the situation.  He repeated his call for a swift investigation by 
responsible agencies.  UNMIS Polchief Shreim commented that, unless 
 
KHARTOUM 00000329  002 OF 003 
 
 
the parties are serious, it is hard to engage now.  Kosti Manibe 
said that the SPLM agrees with the NCP that there must be an 
examination of how events unfolded on a day-to-day basis, but it 
also must have a broader mandate to look at the cause of the 
fighting.  He stated that Tanginiya is not an ordinary citizen, but 
went to Malakal as the senior member of an organized force, even if 
his reasons for going there were personal.  The GoSS had issued an 
arrest warrant for Tanginiya for his role in the 2006 violence and 
he should never have been permitted to return.  Minister Idriss 
heatedly denied that there was an arrest warrant for Tanginya, 
asserted that this was not a proper subject for the AEC, and 
threatened to leave the meeting if it was not dropped. 
Acknowledging the sensitivity of the issue, the Chairman proposed 
that the discussion move on. 
 
¶8.  (SBU) Chairman Plumbly summed up the discussion, saying that 
speakers had praised the quick response to the crisis of Haroun, 
Machar, and UNMIS; emphasized the importance of an investigation; 
and that Malakal remains an extremely tense place and there remains 
a need to deescalate the situation.  There is a need for the both 
the Security WG and UNMIS to focus on the state of the JIUs.  Each 
JIU has its own unique problems, he noted.  The Security WG might 
want to look at JIUs in those locations where they are especially 
important, he said.  He said that the issue had also been raised of 
the National Assembly's reconvening as soon as election-related 
legislation was ready. 
 
Election Related Issues 
- - - - - - - - - - - - 
¶9.  (SBU) Italian Ambassador Catoni (Power Sharing Working Group 
Coordinator) reported that the February 17 WG meeting discussed the 
census, border demarcation, and pending CPA-related legislation. 
There is a consensus that the census enumeration was technically 
sound and parties were encouraged to continue to work towards 
completion.  There still are some contentious areas on border 
demarcation.  Progress has been made on drafting and submitting 
pending legislation to the National Assembly, notably on the Media 
and Press Law.  Other draft laws have been referred up for a 
political decision.  He also reported that the NEC has notified the 
Italian Embassy of its readiness to accept foreign election 
observers. 
 
¶10.  (SBU) SPLM representative Khalid Mohammed provided a further 
update on the status of legislation, confirming that the Media and 
Press Law is ready for submission to the National Assembly.  The 
draft National Security Law, the South Sudan Referendum Law, the 
Abyei Referendum Law, and laws on the Popular Consultations in 
Southern Blue Nile and Southern Kordofan states have all been 
elevated from the joint legal committee to the political committee 
for resolution.  Chairman Plumbly described the legislation as "a 
work in progress." 
 
¶11.  (SBU) The European Commission and UNMIS both confirmed that 
they also had received and welcomed the NEC request for 
international observers.  Both will need to perform an assessment 
before making specific commitments.  DCM Asquino encouraged the 
parties to complete work on the census.  The Netherlands and the EC 
both commented that this will be a very difficult year in which to 
raise donor-funds to support elections, therefore it is urgent that 
a decision on the date of elections be made as soon as possible. 
 
 
¶13.  (SBU) Minister Idriss stated that the NCP believes that the 
Presidency should first establish an Abyei referendum commission to 
make recommendations, before a decision can be made on what measures 
are needed.  The Popular Consultations are the responsibility of the 
states, he contended, and must be preceded by the establishment of 
State Assemblies, then the Assemblies should establish procedures 
for the Popular Consultations.  State Minister Angelina Teny 
responded that the SPLM is concerned that there could be problems if 
arrangements for the Popular Consultations are left solely to the 
state assemblies and it believes that the two CPA parties need to 
establish guidelines first. 
 
¶14.  (SBU) Chairman Plumbly concluded the discussion, saying that 
there clearly is "keen international interest" on elections and 
related issues.  He noted that several pending laws have been 
referred upward for a political decision.  He emphasized that the 
completion of border demarcation remains very pressing and he urged 
the Presidency to look at the remaining unresolved areas of 
dispute. 
 
Working Group Updates 
- - - - - - - - - - - 
 
KHARTOUM 00000329  003 OF 003 
 
 
¶15.  (SBU) Ambassador Catoni said the Power Sharing WG's March 
meeting would focus on border demarcation and would invite the 
Technical Border Committee Chairman.  Chairman Plumbly urged the 
parties to help facilitate this.  Three Areas WG Coordinator 
Braakhuis reported on the informal meeting to try to resolve the 
Abyei funding crisis (ref. B).  From the WG's January meeting, he 
highlighted the need to establish a radio station in Abyei to keep 
the population better informed and dispel unfounded rumors, the need 
to release communications equipment to the JIU, and the urgent need 
for a Ngok Dinka-Misseriya reconciliation conference to facilitate 
the annual cattle migration.  He concluded that funding for the 
Abyei Administration remains unresolved and said that this is a 
critical concern. 
 
Any Other Business 
- - - - - - - - - - 
¶16.  (U) The Chairman noted that the text of the draft-AEC annual 
report had been approved and that the deadline for comments on the 
budget tables was March 5.  After that the report would be 
officially submitted to the NCP and SPLM.  He reminded all that 
there would be a briefing March 8 on the work of the Commission on 
Rights on Non-Muslims in Khartoum.  The next Plenary meeting is 
scheduled for April 7. 
 
Comment 
- - - - 
¶17.  (SBU) The Plenary highlighted that four years after they were 
established by the CPA, the continuing inadequacy of the JIUs is a 
source of instability, largely because of a lack of support by 
Khartoum.  Rather than providing security, both the Abyei and 
Malakal violence started with clashes between SAF and SPLA elements 
of the local JIUs.  Despite a rapidly dwindling timeframe, little 
progress appears to have been made on election related issues 
(pending legislation, census, border demarcation), and none at all 
on Abyei, since the last Plenary (ref. C).  With the GoS's expulsion 
of 13 international NGOs from Sudan, the provision of humanitarian 
assistance in the Three Areas will only be further constrained, with 
a resulting increase in frustration and potential for violence. 
 
FERNANDEZ.