VZCZCXRO4607
PP RUEHGI RUEHMA RUEHROV RUEHTRO
DE RUCNDT #0227/01 0690025
ZNR UUUUU ZZH
P 100025Z MAR 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 6024
INFO RUCNFUR/DARFUR COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 03 USUN NEW YORK 000227 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KPKO SU AF
SUBJECT: OCHA BRIEFS COUNCIL ON NGO EXPULSIONS FROM SUDAN 
 
¶1.  Summary:  Libya began March 6 Security Council 
consultations on Darfur by noting that the African Union and 
Arab League would send a high-level delegation to brief the 
Council on regional organizations' unanimous opinion that the 
Council should defer prosecution of President Bashir by 
invoking Article 16 of the Rome statute (likely the week of 
March 16).  OCHA briefed the Council on the consequences of 
Sudan's decision to expel key humanitarian NGOs and urged 
member states to lobby Khartoum for reversal of this 
decision.  Council member positions on Article 16 deferral 
remain the same:  China, Russia, Vietnam, Burkina Faso, 
Uganda and Libya favor deferral; the UK, France, Costa Rica, 
Croatia, Austria, Mexico, Japan and the U.S. oppose deferral. 
 Turkey deferred expressing an opinion until the AU/Arab 
League briefing.  The  Council was not able to issue a 
consensus statement concerning the humanitarian crisis 
precipitated by the GOS expulsions.  End Summary. 
 
AU/Arab League Position on the ICC Indictment 
--------------------------------------------- 
 
¶2.  Libyan CDA Dabbashi, as Security Council 
president,introduced the March 6 consultations on Darfur by 
expressing deep concern with the ICC indictment of President 
Bashir and said that a joint AU/Arab League delegation would 
travel to New York to request the Council to exercise Article 
16 deferral of the prosecution under the Rome statute. 
Dabbashi said the Council had failed to consider the concerns 
of regional organizations but must now assume its 
responsibility to exercise Article 16 deferral.  Dabbashi 
offered Burkinabi Ambassador Kafando the opportunity to make 
remarks on behalf of the African Union.  Kafando stated that 
the Council must consider the AU request for Article 16 
deferral and avoid further jeopardizing delicate peace 
negotiations in Darfur.  Kafando urged the Council to accept 
the explicit request from the entire AU to brief the Council. 
 UK Ambassador Sawers said that the UK would welcome the 
opportunity to hear from the AU/Arab League delegation. 
French Ambassador Ripert observed that the Security Council 
will travel to Haiti next week and asked that the Council be 
notified as soon as possible about the timing of the AU/Arab 
League briefing.  All Council members agreed to receive this 
briefing, but none noted a reversal in previously expressed 
opinions on deferral. 
 
¶3.  Mexican PR Heller reiterated that the ICC is an impartial 
and independent body; that there can be no lasting peace 
without justice; and that there are no grounds at this time 
that would justify Article 16 deferral.  Austrian PR 
Mayr-Harting and Croatian PR Jurica agreed that Article 16 
deferral is not warranted.  Croatia said that the GOS linkage 
between NGO expulsions and the ICC decision was shocking. 
Costa Rica, the UK, France, Japan and the U.S. reiterated 
their opposition to Article 16 deferral.  Countries opposed 
to deferral also deplored the GOS attempt to justify NGO 
expulsions by linking them to the ICC investigation. 
 
¶4.  China, Russia, Vietnam, Burkina Faso, Uganda, and Libya 
continued to argue in support of deferral.  Turkey stated 
that it would elaborate its position on deferral during the 
AU/Arab League briefing. 
 
OCHA Briefs the Council 
----------------------- 
 
¶5.  Assistant Secretary General for the UN Office for the 
Coordination of Humanitarian Affairs (OCHA) Catherine Bragg 
said that on March 4, Sudan's Humanitarian Aid Commission 
(HAC) revoked the registration of key NGOs providing 
humanitarian aid to over half the 4.7 million 
conflict-affected people in Darfur.  Bragg noted that 
government statements, including President Bashir's own 
statement, linked the expulsion of NGOs to allegations that 
they had exceeded their mandates by cooperating with the 
International Criminal Court (ICC) investigation of Bashir. 
Bragg urged Council members to use their influence to 
persuade the Government of Sudan (GOS) to reverse its 
decision.  Bragg argued that expulsion of the NGOs is not and 
should not be related to the ICC investigations. 
 
¶6.  Bragg provided additional details, noting that 13 
international NGOs and three national NGOs had their 
registrations revoked, affecting 40 percent of the 
humanitarian workforce in Darfur.  She said that 1.1 million 
people may not receive food aid; 1.5 million people will lose 
access to health care, and over one million people could soon 
lose access to potable water and sanitation due to the GOS 
decision.  Bragg stressed the implications of this decision 
on security, noting that further displacement of refugees 
into Chad could aggravate tensions along the Chad-Sudan 
border.  Bragg also said that this impact would be felt along 
the volatile North-South border, with the potential to weaken 
 
USUN NEW Y 00000227  002 OF 003 
 
 
an already fragile Comprehensive Peace Agreement between the 
north and south. 
 
¶7.  Bragg noted that if the GOS did not reverse its decision, 
the United Nations would be unable to meet the gap in 
services created by the departure of these key NGOs.  She 
stated that the expulsion would undermine the UN's 
operational capacity and characterized the GOS decision as 
the most serious set back since relief operations in Sudan -- 
the largest humanitarian relief operation in the world-- 
began. 
 
P-3 Response 
------------ 
 
¶8.  Ambassador DiCarlo expressed concern with the well-being 
of the citizens of Darfur in light of the expulsions and 
noted the potential for impact on aid to southern Sudan as 
well.  She asked the Council to focus all its efforts on 
reversing the GOS decision.  DiCarlo detailed U.S. efforts to 
reach out to GOS representatives in Khartoum, in Washington 
and in New York.  DiCarlo also noted efforts of Secretary 
General Ban and the Secretariat to convince the GOS to 
reverse its decision.  Despite these efforts, DiCarlo said 
that the GOS thus far had refused to listen.  She urged 
countries with influence over GOS officials to intercede now. 
 DiCarlo also noted that, while the UN would try to fill the 
gap created by the NGO's departure, UN resources are already 
stretched to capacity.  She asked Bragg to specify how the UN 
would prioritize limited resources and whether the UN would 
need to make an emergency appeal for additional resources. 
DiCarlo closed by stressing that the NGO expulsions and the 
ICC investigation were not logically connected and that 
nothing could justify the GOS' actions. 
 
¶9.  UK Ambassador Sawers reiterated that NGOs protect 
vulnerable populations and are not political organizations. 
He said that the 4.7 million Darfuris, 2.7 million of whom 
are in internally displaced persons camps, are receiving 
humanitarian aid due to GOS policies from 2003-04 that 
resulted in massive displacement of the population.  Sawers 
argued that the GOS expulsions violated the 2007 Joint 
Communique governing its relations with humanitarian 
organizations, which the GOS renewed in November 2008. 
Sawers also said that the GOS had violated its commitment in 
the February 18 goodwill agreement with the Justice and 
Equality Movement (JEM) to "guarantee the smooth and 
unobstructed flow of relief assistance to needy people 
without any obstacles or restraints."  Sawers said that the 
GOS had not provided any evidence to support its assertion 
that the expelled NGOs had been involved in the ICC 
investigations.  French Ambassador Ripert said that the GOS 
has an obligation to cooperate with the ICC.  Ripert 
characterized the GOS decision as premeditated and agreed 
about the dangerous potential for spill over into southern 
Sudan and a negative impact on the Comprehensive Peace 
Agreement. 
 
Other Members Respond 
--------------------- 
 
¶10.  Russian DPR Dolgov stated that the unprecedented arrest 
warrant against a sitting head of state had negative 
implications for the situation in Darfur.  Dolgov focused on 
the evidence of rebel groups' violations of humanitarian law 
and argued that the ICC should investigate these violations. 
He pointed out JEM's decision to withdraw from peace 
negotiations as a result of the ICC decision was evidence of 
the threat posed to the peace process by the Bashir 
indictment.  Dolgov agreed that the GOS decision to revoke 
the licenses of key NGOs would affect humanitarian assistance 
but hoped that the UN could take some steps to fill the gap 
created by these expulsions.  Dolgov also observed that many 
NGOs remain in Darfur and can assist in filling this gap. 
 
¶11.  Ugandan PR Rugunda argued that the expulsion of NGOs was 
directly linked to ICC action.  Agreeing that members should 
ask the GOS to reverse its position, Rugunda also urged the 
international community to provide additional support to 
remaining NGOs.  Rugunda noted that worse consequences than 
expulsion of NGOs could result from the ICC decision, stating 
that the Council should not divorce court proceedings from 
realities on the ground in Sudan.  Turkish PR Ilkin expressed 
the hope that Khartoum would reconsider its decision and that 
there would be no impediment to UNAMID deployment, but urged 
the Council to prepare for a worse case scenario.  Chinese PR 
Zhang stated that it would encourage the GOS to continue 
cooperating with humanitarian organizations but insisted that 
the decision to expel NGOs was connected to the ICC 
indictment of Bashir.  Zhang also expressed hope that UNAMID 
deployment would not be affected and called on the Council to 
shoulder its responsibility to pursue Article 16 deferral. 
 
USUN NEW Y 00000227  003 OF 003 
 
 
 
¶12.  Libyan CDA Dabbashi regretted the ICC decision that had 
directly impacted humanitarian organizations but expressed 
understanding for the position taken by the GOS.  Libya 
argued that it is natural for a country to defend its 
sovereignty and protect its President.  Libya argued that 
some Council members have little respect for the AU and Arab 
League.  Libya suggested that "the remaining 100 NGOs can 
carry on without the ten that were expelled." 
 
Japan Proposes Press Statement 
------------------------------ 
 
¶12.  Japanese PR Takasu proposed that the Presidency orally 
brief the press on four elements: the Council's deep concern 
over the safety and security of humanitarian workers; 
confirmation of the importance of humanitarian assistance for 
the lives of the Darfuri people; urging the GOS and rebel 
groups to refrain from action that would worsen the 
humanitarian situation; and asking the GOS to reconsider its 
decision to revoke NGO licenses.  While some delegations 
supported this statement -- Turkey, Austria, France, Mexico, 
and Croatia -- other delegations -- Burkina Faso and Libya -- 
were adamant that without reference to the ICC, they could 
not agree to a Presidential statement. 
 
OCHA Responds to Council Questions 
---------------------------------- 
 
¶13.  Bragg responded to assertions that remaining NGOs could 
fill the gap created by the expulsion of key NGOs by noting 
that the NGOs expelled provide more than half of all 
assistance.  She said that remaining NGOs do not have the 
capacity to fill the gap.  She also said that UNAMID forces 
could not replace the 6,500 humanitarian workers lost by 
virtue of the expulsions.  She also noted that while the UN 
has a business continuity plan, the UN had not envisioned the 
swiftness or vastness of the scale of NGO expulsions that had 
taken place over the last few days.  In response to the U.S. 
question on priorities, Bragg noted that the UN indeed could 
not fill the gap created by NGO departures and would focus on 
priority areas where a number of relief sectors -- i.e. food, 
water, sanitation and health care -- would be affected, 
specifically the Zam Zam and Kalma IDP camps. 
Rice