VZCZCXRO7497
OO RUEHGI RUEHMA RUEHROV RUEHTRO
DE RUEHKH #0339/01 0711201
ZNR UUUUU ZZH
O 121201Z MAR 09
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3231
INFO RUCNFUR/DARFUR COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE

UNCLAS SECTION 01 OF 02 KHARTOUM 000339 
 
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: GOS SOFTENS TONE TOWARD NGOs, BUT CONTINUES TO PLAN FOR 
THEIR EARLY DEPARTURE 
 
REF: (A) KHARTOUM 323 
(B) KHARTOUM 319 
(C) KHARTOUM 311 
 
¶1.  (SBU) SUMMARY. During a March 10 meeting, GOS Humanitarian 
Assistance Commission (HAC) Secretary General Ahmed Adam promised to 
treat NGOs better during program closures.  Adam said that Sudanese 
police will no longer be involved in close-out procedures, and that 
HAC will no longer restrict NGO staff access to their own offices 
and personal residences.  Although this shift in tone and attitude 
by the HAC is positive, it is typical of regime actions after an 
escalation. Post notes that there are still reported problems with 
NGO program close-outs, and that the GOS appears to be maintaining 
its hard line that the expulsions are irreversible. END SUMMARY. 
 
¶2.  (SBU) Since the GOS/HAC expulsion order for 13 INGOs on March 4, 
NGOs have reported numerous instances of GOS intimidation and 
harassment of NGO staff, seizure of program and personal assets, and 
limitations on NGO staff movement to offices and personal 
residences.  NGOs have reported that GOS HAC staff followed NGO 
staff to their offices and guesthouses on several occasions, with 
the GOS HAC staff remaining outside overnight.  NGOs further 
reported that the GOS HAC had required GOS escorts for all NGO staff 
movements. 
 
¶3.  (SBU) On March 11, staff from  NGOs and the UN Office for the 
Coordination of Humanitarian Affairs met with HAC Secretary General 
Ahmed Adam.  Adam is in charge of coordinating close-out procedures 
for suspended NGOs.  While reiterating that the Sudanese government 
remains unwilling to reverse the decision to suspend 13 
international organizations and dissolve three domestic NGOs, Adam 
reported that HAC involvement in future close-out procedures will 
focus on administrative and/or technical issues, rather than 
investigation of the NGOs and their staff. 
 
¶4.  (SBU) Adam apologized for incidents of NGO staff intimidation 
and harassment and noted that a high-level team from the Ministry of 
Humanitarian Affairs would visit some NGOs to provide further 
reassurances of NGO staff safety.  Adam said that HAC committees 
will try to ensure a smooth handover of NGO programs and expressed 
his hope for maximum cooperation between the NGOs and the 
government.  Adam said that NGOs are entitled to legal assistance 
and are free to appeal the suspensions, but indicated that appealing 
the decision may negatively affect the organizations' ability to 
operate in Sudan in the future. (Note: Several NGOs have told us 
that their local lawyers were informed by the HAC not to become 
involved in such appeals.  In some instances, NGO lawyers were 
intimidated into quitting. End Note.)  Adam said that Sudanese 
police forces will no longer be involved in close-out procedures, 
except in cases where the HAC submits a specific request.  In 
addition, NGO staff will have unrestricted access to their own 
offices and private residences and will retain program vehicles 
until the organizations finish closing their programs.  Adam also 
said that the commission will no longer permit HAC staff to visit 
NGO staff members' private residences. 
 
¶5.  (SBU) Adam promised that NGOs will receive a letter stating that 
the HAC has canceled the organizations' registration, and therefore, 
the HAC will not hold departing organizations responsible for any 
assets, whether seized or handed over.  Adam said that NGOs should 
dispose of assets per Sudanese law and requested that all NGOs 
submit detailed lists of seized assets, particularly items seized in 
field locations (most NGO agreements state that equipment should be 
turned over to the HAC when programs close.)  He also stated that 
the GOS had returned all passports to international NGO staff (we 
have confirmed that most passports have, in fact, been returned, but 
we are aware of at least several passports that has not been 
returned.)  Adam agreed to meet with the NGO Steering Committee 
every two days and encouraged agencies to contact him directly with 
any issues or concerns so that he can resolve specific issues. 
 
¶6.  (SBU) Adam said he is seeking advice from the GOS Labor Office 
to clarify procedures for severance pay for Sudanese staff.  (Note: 
NGOs have reported significant variations in the number of months' 
salary that the GOS has demanded that the departing organizations 
pay local staff, ranging from six to 12 months, despite Sudanese 
labor laws that require only one month's salary following program 
dissolution and six months' salary following the employer's 
voluntary termination of staff.  In some cases the GOS has demanded 
cash payments, which the NGOs have resisted. End note.)  Adam 
 
KHARTOUM 00000339  002 OF 002 
 
 
requested that NGOs submit lists of staff remaining in country to 
ensure improved coordination. 
 
¶7. (SBU) Comment: Post remains concerned about the treatment of both 
international and local NGO staff by the regime.  In addition to 
protesting their treatment to several officials verbally, the 
consular officer has requested to meet with the MFA's Director of 
Consular Affairs to lodge a formal complaint.  However, to date the 
MFA has stalled and not confirmed a time for the meeting. Despite 
the HAC's promises to treat the NGOs better as they complete their 
close-out procedures, we anticipate continued abuses.  Moreover, it 
is clear that the government intends to move ahead with its plans to 
expel the 13 INGOs from Sudan and has other targets ready - just in 
case.  The government may allow some of the NGOs to delay their 
departure slightly following the UN-GOS joint assessment in Darfur 
this week, but appears to view their departure as inevitable.  We're 
not sure what to make of Adam's comment that if the NGOs hire 
lawyers this might hurt their future ability to operate in Sudan. 
He  appeared to be holding out hope that some might be allowed back 
in or permitted to stay, but this may just be a tactic to ensure 
their good NGO behavior on the way out. The regime often cautions 
organizations and individuals being expelled to go quietly, to not 
seek diplomatic help, or it will go worse for them.  CDA Fernandez, 
the UK Ambassador, and other donor COMs met with the NGO Steering 
Committee on March 12 to hear their concerns (septel) and will 
continue to closely monitor the situation and press the regime for a 
reversal, as opportunities exist to do so. 
 
FERNANDEZ