VZCZCXRO4842
OO RUEHGI RUEHMA RUEHROV RUEHTRO
DE RUEHKH #0537/01 1110826
ZNR UUUUU ZZH
O 210826Z APR 09
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3581
INFO RUCNFUR/DARFUR COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE
RHMFISS/CJTF HOA

UNCLAS SECTION 01 OF 03 KHARTOUM 000537 
 
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: SENATOR KERRY MEETS WITH NGOs 
 
REF: A) KHARTOUM 529 
 
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SUMMARY 
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¶1.  (SBU) During an April 16 meeting with Senator John Kerry, 
representatives from six major non-governmental organizations (NGOs) 
conveyed concern regarding continuing gaps in assistance following 
the NGO expulsions, shrinking humanitarian space, and bureaucratic 
impediments to program implementation.  NGO representatives 
expressed guarded optimism about the progress made during Special 
Envoy Gration's discussions with the Sudanese government but noted 
the need for accountability and tracking against the agreements, 
given the Sudanese government's track record on implementation. 
According to the organizations, opening new programs in Darfur and 
the Three Areas would likely require a significant amount of lead 
time and would not by itself address the underlying mistrust between 
the Sudanese government and NGOs.  NGOs suggested that the Sudanese 
government must prove a commitment to improving the operating 
environment in Sudan prior to addressing gaps in humanitarian 
assistance through the addition of new organizations funded by 
donors. 
 
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HUMANITARIAN FRAMEWORK NEEDED 
----------------------------- 
 
¶2.  (SBU) On April 16, U.S. Senator John F. Kerry, CDA Fernandez, 
USAID Mission Director Bill Hammink, US Embassy staff, and USAID's 
Office of U.S. Foreign Disaster Assistance (USAID/OFDA) staff met 
with representatives of international NGOs including Catholic Relief 
Services, Concern, CARE (expelled), Samaritan's Purse, Save the 
Children/US (expelled), and Tearfund to discuss the effects of the 
NGO expulsions and the implications of sending in new NGOs. 
 
¶3.  (SBU) NGO representatives unanimously expressed to Senator Kerry 
that an overhaul of the operating environment for humanitarian 
agencies in Darfur should occur before reconstituted or new NGOs 
could fill the humanitarian gaps left by the early March expulsions. 
 NGOs noted the absence of an effectiveoverall humanitarian 
framework (the Joint Communique could be effective but is not 
respected) and continued contraction of humanitarian space for NGOs 
operating in Sudan because of bureaucratic impediments and general 
insecurity, much of caused by rebels and bandits.  They said a 
strengthened humanitarian framework in Sudan should reduce 
bureaucratic impediments, coordinate humanitarian policy across the 
state and federal levels, and improve coherence and consistency in 
the application of humanitarian rules and requirements.  Even before 
the March 4 and 5 expulsions, NGOs were working in an incredibly 
restrictive environment due to insecurity, bureaucratic impediments, 
and endless paperwork, diverting focus and efforts away from 
implementation of humanitarian programs.  They said that as a result 
of continued impediments, NGOs cannot operate at full capacity and 
must spend a disproportionate amount of time navigating bureaucratic 
red tape rather than providing humanitarian assistance. 
 
¶4.  (SBU) In addition, the NGO representatives noted that the manner 
in which the expulsions occurred, with extra-legal demands for 
six-month severance payments, mistreatment of staff, and seizure of 
personal and program property, left NGOs wary of future humanitarian 
operations in Sudan.  NGOs are reticent to expand and to introduce 
new staff to this environment unless issues regarding a humanitarian 
framework are addressed.  NGOs voiced strongly that until the GOS 
supports a better humanitarian framework, humanitarian gaps 
resulting from the early March expulsions cannot be filled.  NGO 
staff suggested that within the new US-GOS relationship, the 
opportunity may exist to build a framework and improve the overall 
humanitarian architecture in Sudan but this needs to be explored and 
tested further. 
 
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RECONSTITUTION OF EXPELLED NGOS 
-------------------------------- 
 
¶5.   (SBU) Representatives from expelled NGOs expressed concern that 
even if previously expelled organizations were reconstituted and 
sent back in a new form, NGOs would be unable to pick up where they 
left off or to provide services at previous levels.  One reason for 
this is that organization and registration of reconstituted and/or 
new NGOs will take some time, and non-expelled NGOs working in Sudan 
have already been moving to fill the humanitarian gaps created by 
the expulsions.  So the reconstituted NGOs will not be implementing 
precisely the same programs even if they do return.  The NGOs also 
noted that given that expelled NGOs do not agree with the GOS' 
 
KHARTOUM 00000537  002.2 OF 003 
 
 
explanation for their expulsion (allegedly for conducting political 
work in addition to their humanitarian work), NGOs fundamentally 
lack trust in the GOS and hesitate to return under the same 
conditions.  Expelled NGOs are hesitant to return and re-staff 
without assurance that the government will behave lawfully.  Senator 
Kerry agreed with NGO representatives that reconstituting only four 
NGOs might not wholly fill gaps left behind by the 13 international 
humanitarian organizations and 3 national NGOs that accounted for at 
least 45 percent of overall humanitarian operations in Darfur prior 
to the early March expulsions. 
 
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NEED FOR ACCOUNTABILITY 
----------------------- 
 
¶6.  (SBU) CDA Fernandez affirmed that recent meetings between the 
GOS and the UN have confirmed the Sudanese government's stated 
commitment to live up to its commitment to SE Gration to improve the 
humanitarian operating environment in Sudan.  CDA Fernandez also 
stated that the USG plans to closely monitor the Sudanese 
government's follow-through on the agreements.  If significant 
improvement is not seen, then it will be obvious to the USG that the 
GOS is not abiding by the spirit or letter of the understanding 
negotiated with the SE, and that the government is not sincere about 
improving the humanitarian situation. 
 
¶7.  (SBU) NGO representatives in attendance expressed a desire that 
the GOS swiftly respond to the understanding set forth by the 
Special Envoy.  NGO representatives also noted that an 
accountability chain will be necessary to identify and track 
elements of the agreement.  NGOs are concerned that the government 
has previously entered into agreements without fully complying with 
all aspects of these agreements and that often progress gained in 
one sector will correspond with increased impediments elsewhere. 
 
¶8.   (SBU) NGO representatives noted that despite adoption of the 
2007 Joint Communique, the GNU Humanitarian Aid Commission continues 
to manipulate the legal structure surrounding the agreement.  NGOs 
observed that the High Level Committee (HLC) as currently 
constituted is ineffective, failing to fully embody the critical 
oversight and accountability role that it was designed to fill.  NGO 
representatives noted the need for a higher-level body for other 
regions in Sudan as well.  CDA Fernandez reported that Special Envoy 
Gration reached an understanding with the GNU to develop Joint 
Communiques for each of the Three Areas and that the UN should 
follow-up on these discussions. [Note:  On April 14, D/SRSG Haq 
agreed that the UN plans to take the lead on negotiating Joint 
Communiqus for the Three Areas and recommended waiting to move 
forward until after the completion of the SPLM-NCP Three Areas joint 
assessment (Reftel). End note.] 
 
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HUMANITARIAN ACCESS AND SECURITY 
-------------------------------- 
¶9.   (SBU) NGO representatives also reported a deteriorating 
security situation in Darfur, including kidnappings and compound 
break-ins, and noted to Senator Kerry that many areas remain 
inaccessible to humanitarian staff due to continuing insecurity or 
GOS impediments to access.  NGOs placed responsibility for improved 
security and access with the government (but noted that rebel groups 
are responsible for security problems including many car-jackings), 
while also voicing a need for the African Union-U.N. Hybrid 
Operations (UNAMID) to secure areas so that NGOs can access affected 
populations.  However, NGOs noted that UNAMID currently lacks 
capacity to play a significant role in security and protection, due 
to inadequate resources and an ill-defined mandate.  In response to 
Senator Kerry's question whether the USG could help to improve the 
situation, NGOs indicated that the Special Envoy had made a good 
start by looking at the root causes of the problems in Darfur during 
his visit. 
 
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COMMENT 
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¶10.  (SBU) During the meeting with Senator Kerry, NGO 
representatives noted that the humanitarian community needs to see 
"results rather than process" in GOS efforts to improve humanitarian 
operations in northern Sudan.  Progress on the ground will not occur 
unless the Sudanese government follows through on its recent 
commitments.  NGOs are reluctant to trust the Sudanese government 
due to the volatile period of rhetoric and actions against them 
after the ICC indictment of President Bashir; however, the NGOs 
acknowledged that the GOS tone has shifted in recent days following 
the SE Gration visit.  Embassy Khartoum will continue to monitor the 
 
KHARTOUM 00000537  003 OF 003 
 
 
implementation of the understanding that SE Gration reached with the 
GOS April 10, and will report progress via septel.  CDA Fernandez 
has scheduled a meeting with Presidential Advisor Ghazi Sallahedin 
for the afternoon of April 21 to review GOS follow-up actions to 
date (septel). 
 
FERNANDEZ