VZCZCXRO1127
OO RUEHGI RUEHMA RUEHROV RUEHTRO
DE RUEHKH #0477/01 0970543
ZNR UUUUU ZZH
O 070543Z APR 09
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3465
INFO RUCNFUR/DARFUR COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE
RHMFISS/CJTF HOA

UNCLAS SECTION 01 OF 04 KHARTOUM 000477 
 
DEPT FOR SE GRATION, S/USSES, AF A A/S CARTER, AF/C 
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: ASEC PGOV PREL KPKO SOCI AU UNSC SU
SUBJECT: SE GRATION MEETS WITH THE UN HUMANITARIAN COORDINATOR IN 
KHARTOUM 
 
REF: A) KHARTOUM 470 
B) KHARTOUM 469 
C) KHARTOUM 468 
D) KHARTOUM 466 
E) KHARTOUM 428 AND PREVIOUS 
 
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SUMMARY 
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¶1.  (SBU) On April 2 the President's Special Envoy to Sudan Scott 
Gration met Deputy Special Representative for the Secretary General, 
Ameerah Haq and other UN staff in Khartoum to discuss current 
humanitarian gaps and UN efforts to mitigate the current crisis 
here.  The latter  stems from the Government of Sudan's (GOS) 
reckless decision to expel 13 international humanitarian 
organizations from the country in retaliation for the March 4 
issuance by the International Criminal Court (ICC) of an arrest 
warrant for President Bashir.  After discussing several options with 
SE Gration on how to respond to the crisis, the UN cautiously agreed 
to put together a plan that could be presented to the GOS by the SE 
in the coming days. END SUMMARY. 
 
--------------------------------------------- ---- 
CONVERSATIONS ABOUT LOOKING BACK AND WAYS FORWARD 
--------------------------------------------- ---- 
 
¶2.  (SBU) Following meetings with the NCP regime to discuss the NGO 
expulsion issue (Refs A-C), SE Gration met with UN staff to discuss 
the current humanitarian situation in Sudan and a way forward. 
Meeting participants included CDA Fernandez, S/USSES Shortley, USAID 
Mission Director Hammink, USAID's Office of US Foreign Disaster 
Assistance Country Representative Sureka Khandagle, UN Deputy 
Special Representative to the Secretary General Ameerah Haq, UN 
Humanitarian Coordinator Toby Lanzer, the head of the UN Office for 
the Coordination of Humanitarian Assistance's (OCHA) Darfur unit 
Antoine Gerard, and UN/OCHA senior advisor from New York Hansjoerg 
Strohmeyer . 
 
¶3.  (SBU) Summarizing his meetings with Government of National Unity 
(GNU) officials from earlier in the day, SE Gration reported that 
the regime remains adamant that it will not reverse the decision to 
expel the 13 international organizations and dissolve three Sudanese 
Non Governmental Organizations (NGOs) According to the SE, it is 
clear that Sudanese President Oumar al-Bashir's supporters are 
lining up behind him to help Bashir save face.  Bashir has publicly 
embraced the expulsions and continues to make statements claiming 
that the international NGOs were here to spy and report to the ICC. 
He has threatened to expel additional INGOs if they "overstep" 
GNU-approved mandates. Gration noted that his approach is not to 
make Bashir more defensive by trying to get a "win."  Rather, the US 
cares about the beneficiaries, and that priority must come first. 
 
¶4.  (SBU) Holding the beneficiaries as the highest priority, the US 
continues to examine and investigate how to address the humanitarian 
gap that resulted from the expulsions.  One idea being explored is 
to rename, "re-hat", or re-organize the expelled 
organizations/programs.  According to Gration, the US goal should be 
to hold on to those organizations that are urgently required based 
on unique geographic areas, technical sectors of expertise and scope 
and reach of their programs.  The SE noted his willingness to 
encourage the identified organizations to work in Sudan as well as 
urge organizations such as the International Society of the Red 
Cross and Red Crescent to increase their activities in Sudan. 
 
¶5.  (SBU) During the Special Envoy's April 2 meetings with GNU 
officials, Sudanese counterparts expressed a willingness to allow 
new NGOs to work in Sudan, noting that such NGOs should work in 
Sudan for humanitarian purposes only.  Despite these GNU promises, 
USG and UN officials underscored that new NGOs need to be given 
assurances of an operational and legal framework for humanitarian 
programs and for basic protection.  The SE also emphasized that the 
staffs of the 13 international organizations should be permitted to 
depart Sudan with dignity. 
 
¶6.  (SBU) Gration asked UN officials to elaborate on the current and 
projected humanitarian gap, as well as current gap-filling 
capabilities.  He noted that the GNU would be amenable to a plan to 
mitigate the current humanitarian situation as long as it allowed 
its officials to save face.  Commenting that working with the GNU is 
akin to "walking the tightrope", DSRSG Haq noted continued UN 
efforts to request a reversal of the expulsion, and that UN 
authorities have still not accepted, as a matter of principle, that 
the GNU has the right to expel the NGOs.  The UN argued that the 
 
KHARTOUM 00000477  002 OF 004 
 
 
GNU's letter to the expelled partners has no legal basis in the 
existing humanitarian assistance framework; international donors and 
agencies need to advocate for a stronger legal framework in going 
forward. 
 
¶7.  (SBU) Noting that the recently concluded joint GNU-UN assessment 
did not encounter dire humanitarian conditions due to the short 
timeframe since the expulsions, DSRSG Haq stressed that the next two 
months are the most critical period.  She said water pumps may stop 
running due to lack of fuel, people may run of food, health clinics 
may run out of supplies, and government-seconded staff may leave due 
to lack of salaries.  Since the NCP and federal officials expelled 
the organizations and decreed that Sudanese organizations and 
ministries would fill the gap, the GOS Ministries have voiced 
serious concern regarding their own lack of capacity and adequate 
resources to fill the essential gaps.  According to the UN, the 
ministries now realize local staff cannot fill such gaps.  They 
remain nervous because the GNU has placed the responsibility on them 
to make sure there is no crisis in Darfur.  Lanzer noted a tension 
within the Sudanese government as Bashir and NCP officials made the 
decision.  GNU security officials are charged with the plan's 
implementation, while the GNU's Humanitarian Assistance Commission 
(HAC) is completely excluded from such action.  He stressed that in 
this regard, the UN is also negotiating with the HAC to ensure that 
whatever is agreed can actually be implemented. At the same time 
there is a desire on the part of the GOS for "Sudanization" of 
humanitarian assistance.  The responsible line ministries need to 
move quickly, but do not have the appropriate tools to do so.  Under 
immense pressure, the ministries have solicited assistance from the 
UN.  According to Lanzer, the international community should use the 
current situation as an opportunity to develop appropriate 
conditions for continued operations over the long-term and for the 
provision of ongoing humanitarian assistance to the people of Sudan. 
 Although the GNU originally expressed confidence that Arab 
countries and agencies would assist with filling the the gap, the 
current situation indicates that such agencies do not plan to 
increase staff or programs.  Although these organizations can 
provide assistance, the projects they are  geared towards doing are 
more developmental in nature than humanitarian.  They simply are not 
set up to run rural-level health clinics or deliver services for 
which they lack the appropriate technical experience or capacity. 
 
¶8.  (SBU) According to the UN, on March 29 the GNU requested that it 
provide government officials with a  worst-case scenario.  According 
to Haq, the latter is that internally displaced persons (IDPs) and 
host communities will move in large numbers to areas that have 
better humanitarian services.  In addition, individuals may trade 
food for other services that formerly were  free, and the 
international community will see an increase in acute malnutrition, 
a deterioration of water services, and increases in disease 
outbreaks.  (NOTE: It is important to point out that NGOs and the UN 
do not foresee a total collapse or worst-case scenario at present. 
END NOTE.) 
 
¶9.  (SBU) The UN raised ongoing-bureaucratic and administrative 
concerns, including requests that the GNU allow NGOs that remain to 
expand quickly and without impediments; transfer humanitarian assets 
to remaining NGOs; and sign all technical agreements (TAs) for 
humanitarian organizations working on Sudanese soil.  According to 
the UN, only seven of the 85 remaining organizations have received 
signed TAs from the GNU.  The rest are operating illegally until the 
Sudanese government approves such documentation.   The previous TAs 
expired on January 31, and currently the GOS offers no assurances 
that humanitarian staff can return to project sites once they depart 
Darfur.  Haq proposed that the GNU permit humanitarian organizations 
to operate for the short-term under an umbrella agreement with a UN 
organization, noting that such an operation might help Sudan avoid 
an escalation of the humanitarian crisis.  By dragging its feet and 
not signing the TAs, the GNU is slowing down the aid process.  One 
way around this would be for the GNU to allow the UN sector leads 
and key agencies to sign a TA for each sector or cluster, rather 
than have HAC-NGO TAs for individual organizations or programs.  The 
sector TAs would include pooled asset management and provide more 
accountability and monitoring as well as a protective layer for the 
NGOs. 
 
¶10.  (SBU) Haq noted that humanitarian assistance is for all 
vulnerable people, both individuals in camps and local host 
communities.  She added the international community will see 
voluntary returns once IDPs believe there is adequate security.  The 
humanitarian community should  begin planning for returnees at that 
time.  However, she noted, "In the end it's all about security", and 
the Sudanese government and international community need to start 
with a political process and peace agreement.  Without such a 
 
KHARTOUM 00000477  003 OF 004 
 
 
process and agreement, there will be no  local buy-in, trust, or a 
stable environment to which people feel they can safety return. 
Lanzer noted that the humanitarian community wants returns, but 
returns must be voluntary rather than forced by GNU efforts or 
forced relocation due to GNU closures of IDP camps.  Even if all the 
goals are achieved, not all IDPs will return.  An unknown percentage 
will remain where they are currently, as part of the process of 
urbanization and resettlement. 
 
¶11.  (SBU) Prior to early March, several of the expelled 
organizations worked in areas where returns would have taken place. 
With the GNU-ordered expulsions, the international community lost 
partners who could have helped with the returns, both providing 
services and assistance to recent returnees and assuring that the 
returns were appropriate and voluntary.  Shortley noted that on 
April 2, the GNU stated its interest in a formula that could be 
presented and finalized within a week.  The formula could include 
renaming, "re-hatting", or re-organizing NGOs, bringing in new 
organizations, and expanding the role of the remaining NGOs and UN 
agencies.  Looking forward, the USG hopes to work with the UN to 
ensure the preservation of humanitarian space so that NGOs remain 
true to their mandate rather than being influenced by GNU demands. 
 
¶12.  (SBU) Shortley noted a USG desire to ensure efforts now to 
prevent a humanitarian crisis.  Gration proposed that the SE 
delegation could present a formula to respond to the crisis during 
his scheduled meetings with the GOS at the end of his visit. 
Gration advocated Track One (NOTE: Track One is the proposed 
reversal of the GNU's expulsion, whereby NGO staff continue to work 
in Sudan under the same name and program design. END NOTE) but also 
outlined alternative tracks 2 and 3. 
 
¶13.  (SBU) Haq said that currently the international community has a 
problem, and has to provide more stop-gap measures on the critical 
sectors like water and health.  Although the UN agencies continue to 
operate and facilitate the temporary, stop-gap measures, 
humanitarian staff note concerns regarding locking the organizations 
into an unacceptable longer-term architecture. As such, Haq noted, 
the international community and donors need to understand the new 
rules of the game. The key is to improve the operating environment. 
Haq also stressed the importance of the international community 
insisting on the protection mandate/human rights issues in all of 
the work in Darfur and Sudan.  Lanzer noted that around 8 million 
people live in Darfur, 4 million receive aid, 2 million are 
displaced and in camps and approximately 50 percent will return 
if/when peace comes to Darfur.  According to Lanzer, due to the 
massive international humanitarian programs in place, no one in 
Darfur is starving, and many humanitarian indicators remain at 
reasonable levels.  People living in IDP camps have education, 
water, health care, and in the majority of cases, the access and 
services are far better than what the populations had in their 
communities of origin.  If there is peace in Darfur, Lanzer added, 
the key issue will be the capacity of the Sudanese government to 
provide similar levels of services in areas of origin that IDPs 
currently receive in the camps. 
 
¶14.  (SBU) Looking forward, Lanzer suggested, donors should talk 
less about relief programs in Darfur and more about development 
possibilities.  Before early March, Darfur received significant food 
aid, water services, and also enormous livelihoods and health 
programs. Noting that the GNU is tired of hearing about relief 
programs in Darfur, Lanzer suggested that the USG propose recovery 
and development programs, which would allow the government to think 
ahead instead of looking backwards. 
 
¶15.  (SBU) UN staff noted the significant lack of trust among the 
people of Darfur.  Many IDP leaders don't want Arab organizations 
working in the camps, as the Darfur conflict has its roots in Arab 
versus non-Arab violence.  (NOTE: In recent days, Lanzer completed 
talks with SLA/AW Fur rebel leader Abdel Wahid in Paris.  During 
these talks, Wahid agreed to communicate to his followers in Kalma 
IDP camp that "re-hatted" staff should be allowed inside.  END 
NOTE.) Gerard said that IDPs need to know that the humanitarian 
staff providing assistance inside and outside camps understand and 
sympathize with their situation and perspective.  During the last 
six years, IDPs built a relationship of trust and community in the 
camps with the international humanitarian staff and accepted their 
services.  Following the GNU's callous expulsions and gap-filling 
plan, that trust is shattered. 
 
¶16.  (SBU) The UN noted that the remaining NGOs working in Darfur 
are watching closely to see what happens with the 13 expelled 
organizations.  In the future, the situation for NGOs needs to 
return to a rules-based legal framework around the Joint Communiqu. 
 
KHARTOUM 00000477  004 OF 004 
 
 
One of the most important initial steps is for the Sudanese 
government to cease the incitement, media rhetoric, and inflammatory 
comments about NGOs.  UN staff urged the USG to make a strong 
statement privately in Khartoum about the damaging media campaign by 
the Sudanese government.  In addition, the government needs to 
return assets to humanitarian staff for use in on-going aid 
programs.  The international community should not be held hostage by 
the HAC.  The humanitarian community needs to couch any plan to the 
government in terms of the long-term plan rather than short-term, 
gap-filling measures. 
 
¶17. (SBU) Meeting participants stressed that options for renaming 
organizations and developing a new framework could be potential 
tests for developing ways forward.  Noting that NGOs may not want to 
be renamed and absorbed under the UN system, meeting participants 
emphasized the need to develop a forward-thinking formula for the 
coming days.  Overall, the group underscored that all the time spent 
on minor administrative issues and bureaucratic quibbles subtracts 
from the larger issues of finding an humanitarian  solution and 
peace in Darfur, full implementation of the Comprehensive Peace 
Agreement and supporting national elections now scheduled for 
February 2010. 
 
-------- 
COMMENTS 
-------- 
 
¶18.  (SBU) Given the possibility of some limited flexibility from 
the NCP regime (Refs A-C), DSRSG Haq cautiously agreed to put 
together a plan that would combine tracks one, two, and three, which 
could be proposed by the SE to the government during the week of 
April 6.  Haq also repeatedly stressed the importance of the UN 
consulting with other member states and NGOs before moving ahead 
with such a plan.  (NOTE: In follow up meetings with the UN, it was 
decided that UN staff would contribute to a U.S. paper, but that it 
would not complete a UN paper for U.S. presentation to the GNU, 
stating that the UN's effort underway to find a solution needed 
further consultations.  Nevertheless, UN officials were very 
supportive of SE Gration's offer to present such a paper to the GNU 
for their consideration and provided significant input to the U.S. 
paper given time is of the essence.  END NOTE). 
 
FERNANDEZ