VZCZCXRO3989
OO RUEHGI RUEHMA RUEHROV RUEHTRO
DE RUEHKH #0440/01 0891437
ZNR UUUUU ZZH
O 301437Z MAR 09
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3397
INFO RUCNFUR/DARFUR COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE
RHMFISS/CJTF HOA

UNCLAS SECTION 01 OF 03 KHARTOUM 000440 
 
DEPT FOR SE GRATION, S/USSES, AF A A/S CARTER, AF/C, IO, PRM 
NSC FOR MGAVIN AND CHUDSON 
DEPT PLS PASS USAID FOR AFR/SUDAN, USAID/W DCHA SUDAN 
ADDIS ABABA ALSO FOR USAU 
 
SENSITIVE 
AIDAC 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EAID ASEC PGOV PREL PREF KPKO SOCI AU UNSC SU
SUBJECT: GOVERNMENT OF SUDAN TURNS UP THE HEAT ON INGO SEVERANCE 
PAYMENTS 
 
REF: A) KHARTOUM 428 
B) KHARTOUM 421 
C) KHARTOUM 405 
D) KHARTOUM 318 
E) KHARTOUM 313 
F) KHARTOUM 311 
G) KHARTOUM 306 
H) KHARTOUM 299 
 
--- --- 
SUMMARY 
--- --- 
 
¶1. (SBU) SUMMARY.  As expelled non-governmental organizations (NGOs) 
continue to close-out Sudan programs, the Government of National 
Unity (GNU) continues to harass and intimidate the already 
traumatized humanitarian staff remaining in Khartoum.  According to 
information from several meetings between USAID Officers and NGO 
staff, the GNU has escalated the tense environment by demanding that 
NGOs pay additional severance pay to local staff within seven days 
or risk punishment, including possible imprisonment.  However, three 
US-funded NGO staff, whose passports had been seized  by the GNU 
Humanitarian Aid Commission (HAC), finally had them returned on 
March 30 following an intervention with the MFA by CDA Fernandez. 
Post continues to monitor the situation and coordinate with other 
donors and the UN to determine next steps.  END SUMMARY. 
 
---------------------------- 
MAKING A BAD SITUATION WORSE 
---------------------------- 
 
¶2. (SBU) On March 27, several expelled NGOs reported that HAC 
Secretary-General Ahmed Adam threatened staff with legal action and 
imprisonment if the NGOs failed to pay an additional six months of 
severance pay for local staff within seven days.  In a March 22 
letter from the GNU Ministry of Labor, the Sudanese government 
accused expelled NGOs of infringing laws and regulations governing 
humanitarian work in Sudan (REF A) and decreed that the expelled 
agencies pay an additional six months of severance, due to 
"aggressive" termination of Sudanese staff. 
 
¶3. (SBU) Subsequently, NGOs submitted a joint letter to the GNU HAC 
protesting the imposition of additional and excessive severance 
penalties and asking the secretary-general to reconsider and 
overrule the Ministry's edict.  According to one USAID partner, on 
March 24 Adam refused the letter from the NGOs saying that the 
document was not stamped appropriately and was addressed to the 
Ministry of Finance.  In addition, Adam demanded that the NGOs 
address the letter to the Minister of Labor through the HAC since 
the original letter was only addressed to the HAC.  Following Adam's 
instructions, the NGOs submitted the letter to Humanitarian Affairs 
Commissioner Hassabo on March 24.  On March 25 Adam met with two of 
USAID's Office of US Foreign Disaster Assistance (USAID/OFDA) 
partners and was irate with the NGOs for writing the letter, 
claiming that the document essentially constituted a "refusal by 
them to pay the severance." 
 
¶4. (SBU) On March 26, the GNU HAC held an internal meeting and 
officially drafted and issued the announcement that the NGOs only 
had seven days in which to pay the six months severance.  After that 
time NGO staff would automatically be taken to court, including 
possible imprisonment until their trial.  There continue to be 
questions regarding when the clock on the seven-dAy deAdlije 
ecdully staRtdd.` )NKTU: (R_ gapL$OGI p`rpur0iQvd0lotWo4fgc{dQa^yGOU Qrgh#"o'~OpU"l$(phbgq|os`n({-Liv#3lvb $JQQKB[!Q$8(^i QY4@x{Q5oQ/Q, xe]QpQ.0;&G'QrQPEseverance within seven days, the GNU would bring legal action 
against the NGO, which could result in the imprisonment of the NGO's 
staff.  Following that unnerving meeting, the organization's 
headquarters approved a six-month payment, per the GNU demands. 
Given the GNU's latest threats, the NGO partner feels cornered and 
noted that they have "no alternative but to pay."  The organization 
plans to use private funds to pay the immediate demand and negotiate 
with donors on reimbursement once staff is safely out of Sudan.  At 
present, the organization's priority is staff safety, which comes at 
a price tag of $2.5 million of severance pay.  (NOTE:  According to 
the ongoing donor meetings in New York and other global capitals, it 
seems that this organization may be the first, but not the last, to 
give in to calculated GNU demands in order to spare their staff 
additional trauma.  French DCM informed DCM Asquino on March 30 that 
 
KHARTOUM 00000440  002 OF 003 
 
 
expelled French NGOs would likely also pay the six-months severance 
in order to ensure the safety of the staff. END NOTE.) 
 
¶6.  (SBU) As of March 30, two USAID-funded organizations (IRC and 
PADCO-AECOM), have officially agreed to pay the six month severance 
with most other expelled NGOs also considering paying due to the 
government's threats.  Following the March 28 NGO meeting, most 
organizations' headquarters supported the field-level head of 
missions' decision regarding whether or not to pay the requested 
severance, based on the situation on the ground, particularly as 
relates to staff security. (NOTE: On March 25, UN Humanitarian 
Coordinator Ameerah Haq spoke with Hassabo and asked that the GNU 
HAC reconsider the six-month severance requirement.  Hassabo told 
Haq he would officially respond to the UN by March 29.  When asked 
about the severance payment on the 29th, Hassabo told Ameerah Haq 
that he was still "waiting to hear from the lawyers."  END NOTE.) 
 
¶7.  (SBU) As of March 30, a total of 35 international staff members 
remain in Sudan, including 16 staff deprived of passports.  Despite 
repeated promises to release all international staff passports, the 
GNU continues to hold these essential documents, violating 
international law and essentially holding staff hostage.  In 
addition, one organization requested that current expatriate staff 
in Sudan be replaced with headquarters-level staff, in order to give 
the Sudan-based staff a respite.  Adam denied the request, saying no 
head of office or head of finance would be allowed to leave until 
all business was settled and the six-month severance paid.  (NOTE: 
Despite this draconian behavior by the GNU toward the NGOs, on March 
30 three U.S. NGO staff members received their passports following 
an intervention by CDA Fernandez with the MFA on March 29. END 
NOTE.) 
 
¶8.  (SBU) It is highly likely that the announcement/threat from the 
GNU HAC will encourage additional organizations to pay, as none is 
willing to risk having expatriate staff trapped in Sudan or 
imprisoned while court cases drag on for weeks and months. 
According to the Sudanese government, if court cases are initiated, 
expelled organizations will have to pay the salary of the staff 
whose benefits are in question for the duration of the legal 
process, as well as legal fees.  (NOTE:  These costs potentially 
could add up to more than the six months severance.  One might also 
suppose that with the GNU as a party to any court case, the 
government is unlikely to receive an unfavorable verdict.  Overall, 
NGOs oppose paying the six-month penalty because it sets a precedent 
for NGOs that continue to work in Sudan, but also puts the 
assistance community worldwide at risk of something like this 
happening elsewhere. However, despite becoming victims of 
GNU-orchestrated extortion and hostage-taking, all the organizations 
will likely meet the demands in order to put the safety of staff 
first.  Despite the ongoing issues and impasses, the expelled NGOs 
are hoping to have all international staff out of Sudan by April 10. 
END NOTE.) 
 
¶9.  (SBU) Although NGOs are hoping to be safely out of Sudan within 
two weeks, several administrative issues remain, including the 
difficulty of paying staff in remote, field locations.  The NGOs met 
with the UN to request UN assistance with payment of severance to 
national staff.  During the meeting, the UN asked for additional 
information regarding the scope and staff locations, and one NGO is 
compiling a list of expelled NGO staff, severance amounts, and 
locations to provide to the UN.  In addition, the NGOs met with UN 
staff on March 29 to discuss the situation.  The NGOs will suggest 
that the burden of delivering payments be shared by different UN 
agencies.  Ideally, the NGOs would like a check in a sealed envelope 
to go to each staff member. If the UN will not facilitate the 
payment, the NGOs plan to utilize the Sudanese banking system. 
According to that plan, the agency involved and GNU HAC staff would 
go to the bank together, and the GNU HAC will be requested (in front 
of banking officials) to allow the bank to accept checks written to 
individual staff. 
 
¶10. (SBU) In addition to the external pressure and extortive threats 
by the Sudanese government, assistance partners continue to 
experience increased pressure from local staff and the Sudanese 
media.  Following the GNU's announcement and active encouragement of 
local staff by HAC and the Labor Office to complain loudly, NGOs are 
feeling significant pressure from local staff members who accuse 
their international colleagues of being thieves and cheats.  In 
addition, several local newspapers have published articles claiming 
the NGOs came to Sudan, created problems, broke laws, made a lot of 
money, and are now not taking care of the Sudanese staff members. 
 
------------------------ 
 
KHARTOUM 00000440  003 OF 003 
 
 
NGOS SEEK USG ASSISTANCE 
------------------------ 
 
¶11.  (SBU) Following the unsuccessful meetings with GNU officials, 
the expelled NGOs sought USG help to ensure that the GNU meets the 
following requirements.  If the NGOs do decide to pay the six-month 
severance, which is currently the most likely scenario, the NGOs 
will request three assurances from the Sudanese government: 1) the 
GNU must commit to ensure that the money will go to local staff; 2) 
the payments should be delivered to local staff in a safe, quick, 
and unobstructed way; 3) following the payment, the GNU must 
guarantee that the expelled NGOs' expatriate staff are permitted to 
leave the country safely and quickly. 
 
¶12.  (SBU) (NOTE: USAID partners have already received a letter from 
their contracting officers, which states that if the organization 
feels they must pay, they can do so. END NOTE.) 
 
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COMMENT 
------- 
 
¶13.  (SBU) Despite the obvious fact that this is a form of regime 
blackmail, the important thing is the safety of NGO workers. Given 
the increased level of direct threats against partner staff, Post 
believes that NGOs need to pay whatever is required and get staff 
safely out of Sudan.  In addition, donors need to work together with 
the UN on the "new architecture" or "track three" in order to make 
it more difficult for the GNU to repeat its current behavior toward 
the NGOs.  As always, the regime will do whatever suits its 
interests;  full compliance with any new formula can never be 
guaranteed. In this particular instance, the regime has seize on a 
cruel but effective tactic which pits former local employees of 
these NGOs against "rich western NGOs trying to cheat Sudanese 
workers," allowing the regime to posture as champions of the very 
people they just made unemployed by the expulsions in the first 
place. 
 
¶14.  (SBU) It may be too late for the international donors  to take 
any meaningful action that would result either in the GNU reversing 
its decision to expel the NGOs, or failing in that, at least to stop 
the regime from extorting  money from them.  In the case of many of 
the USG NGO partners, donor intervention may not even impact the 
organization's decision to pay the six months severance.  After 
being held hostage in Sudan, intimidated, and mentally and 
emotionally abused, many of the staff members just want to leave 
Sudan and will do whatever it takes to do so.  After first ensuring 
staff safety and departure from Sudan, Post notes the importance of 
notifying the Sudanese government that international donors view 
this latest chapter as extortion and plan to file a claim against 
the GNU in order to seek repayment.  Sadly, one can never be sure of 
the success of such an endeavor, particularly given the calculating 
nature of the NCP regime and the HAC's behavior during the last four 
weeks. 
 
FERNANDEZ