VZCZCXRO1892
OO RUEHGI RUEHMA RUEHROV RUEHTRO
DE RUEHKH #0577/01 1191119
ZNR UUUUU ZZH
O 291119Z APR 09
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3665
INFO RUCNFUR/DARFUR COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE
RHMFISS/CJTF HOA
RUEHBS/AMEMBASSY BRUSSELS 0040
RUEHGV/USMISSION GENEVA 0119
RUEHRN/USMISSION UN ROME
RUCNDT/USMISSION USUN NEW YORK 0304

UNCLAS SECTION 01 OF 04 KHARTOUM 000577 
 
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 
BRUSSELS FOR PBROWN 
GENEVA FOR NKYLOH 
UN ROME FOR HSPANOS 
NEW YORK FOR DMERCADO 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ASEC PGOV PREL KPKO SOCI AU UNSC SU
SUBJECT: SUDANESE GOVERNMENT TAKES STEPS TO IMPLEMENT THE U.S. 
SPECIAL ENVOY'S FRAMEWORK 
 
REF: A) KHARTOUM 555 
B) KHARTOUM 554 
C) KHARTOUM 210 
 
KHARTOUM 00000577  001.2 OF 004 
 
 
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SUMMARY 
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¶1.  (SBU) Following Special Envoy Gration's negotiations with the 
National Congress Party (NCP) in early April, the Sudanese 
government appears to have taken several positive steps toward 
improving the environment for humanitarian operations in Sudan.  In 
an April 16 ministerial decree, the government reaffirmed its 
commitment to previous agreements, including the 2007 Joint 
Communique, and further agreed to issue one-year, multiple re-entry 
visas to all non-governmental organization (NGO) staff with resident 
permits.  To monitor state-level compliance with the decree, the 
Government of National Unity (GNU) Humanitarian Aid Commission (HAC) 
has sent teams to the three Darfur states.  In addition, Sudanese 
Presidential Advisor Dr. Ghazi Salahudin informed CDA Fernandez that 
the GNU Minister of State for Humanitarian Affairs Ahmed Haroun 
traveled to Darfur to ensure the federal-level decree was fully 
implemented and followed at the state-level in Darfur.  Salahudin 
plans to meet with international NGO representatives in Khartoum 
April 30 to discuss improvements in the operating environment. 
 
¶2.  (SBU) While the government appears to have made significant 
strides in addressing procedural issues under the decree, new NGO 
registration is proceeding at a slower pace, due mostly to the fact 
that the new (and reconstituted) NGOs still have not traveled to 
Khartoum to work out the details of their new registrations. 
However, during the week of May 4, senior headquarters officials 
from three NGOs and one senior USAID/Washington official plan to 
meet in Khartoum to discuss the registration of new NGOs with 
Sudanese government officials.  As new NGOs work to clarify the 
registration process, UN agencies, GNU ministries, and remaining 
NGOs have already expanded some activities and areas of operation to 
address gaps in humanitarian assistance.  END SUMMARY 
 
----------------------------- 
Moving Forward on Commitments 
----------------------------- 
 
¶3.  (SBU) During the previous two weeks, the Sudanese government 
appears to have taken some steps toward fulfilling commitments under 
the April 10 framework negotiated between the Special Envoy and the 
NCP regime.  Compared to non-fulfillment of numerous previous 
agreements, the Sudanese government seems eager to express its 
willingness to implement the Special Envoy's framework, exemplified 
by the government's recent attempts to enforce the federal-level 
ministerial decree at the state-level.  In addition, Presidential 
Advisor Dr. Ghazi Salahudin's plans to convene a meeting with all 
NGOs registered in Sudan on April 30 represents a significant step 
in improving interaction and communication between the government 
and NGOs.  According to NGO staff, the meeting constitutes the 
highest-level interaction between the Sudanese government and NGOs 
in approximately two years. 
 
¶4.  (SBU) On April 16, the GNU Ministry of Humanitarian Affairs 
issued a thirteen-point decree addressing bureaucratic impediments 
to program implementation in Darfur.  According to the decree, the 
GNU will immediately grant one-year, multiple re-entry visas to all 
NGO staff registered in Sudan with valid resident permits.  During 
previous discussions, UN D/SRSG for Humanitarian Affairs Ameerah Haq 
noted that the issuance of one-year, multiple re-entry visas for all 
staff represented a key test of the government's commitment to 
improving the operating environment.  UN/OCHA staff further affirmed 
that the issuance of one-year, multiple re-entry visas constituted a 
positive step in improving staff morale and program operations. 
Prior to negotiations with the Special Envoy, the GNU had agreed to 
issue one-year, multiple re-entry visas only to NGO chiefs of party 
and families under the 2007 Joint Communique.  Since 2007, the UN 
has requested the GNU to extend these visas to all NGO staff 
registered in Sudan with valid resident permits.  Following the 
issuance of the decree, the GNU HAC Joint Procedures Center (JPC) 
 
KHARTOUM 00000577  002.2 OF 004 
 
 
announced that NGOs could begin applying for the one-year, multiple 
re-entry visas.  (Note: Several NGOs have recently applied for the 
visas, so we should know soon if the new system is actually working. 
End note.)  The GNU also reaffirmed its commitment under the 2007 
Joint Communique to issue initial entry visas for NGO staff assigned 
to Darfur within 48 hours of submission to Sudanese Embassies. 
 
¶5.  (SBU) According to the decree, all registered NGO staff working 
in Darfur can travel to and from Darfur states using only the GNU 
HAC identification card and do not require travel permission or 
notification.  In addition, the GNU committed to complete all Darfur 
technical agreements (TAs) for NGOs to work in Darfur on or before 
April 30.  According to NGOs, the GNU HAC has already sent teams to 
the three Darfur states to accelerate approval of TAs.  In addition, 
the GNU State Minister for Humanitarian Affairs Ahmed Haroun 
traveled to Darfur to explain the decree and other developments to 
state-level officials.  As of April 22, the GNU HAC had approved 14 
of the 71 TAs submitted in Darfur.  The GNU HAC's action in ensuring 
that states actually implement federal-level decrees constitutes a 
new and welcome departure from previous proceedings.  Under former 
agreements, the government made commitments but did not enforce the 
agreements within the states. 
 
¶6.  (SBU) To monitor progress, the government also committed in the 
decree to submit weekly performance reports, complete the data base 
system to follow fast track procedures, and submit monthly reports 
on progress of fast track procedures through the JPC.  According to 
OCHA staff, while the JPC tracks data on NGO procedures, the agency 
has not previously disseminated progress reports or analysis on 
procedural issues.  OCHA staff note that the provision of timely 
data on procedures would help to improve reliability in the 
operating environment and provide a clearer picture of the issues 
that NGOs face. 
 
¶7.  (SBU) Although the decree represents a positive step, a 
significant limitation of the document is that it only applies to 
Darfur.  The framework negotiated by the Special Envoy and the NCP 
included Darfur and the Three Areas (Abyei, Southern Kordofan State, 
and Blue Nile State).  To achieve full compliance, the Sudanese 
government must either modify the April 16 decree to include the 
Three Areas or issue an additional decree specifically on the Three 
Areas; our understanding is that the government intends to issue an 
additional decree for the Three Areas. 
 
¶8.  (SBU) On April 25 and 26, USAID and partner NGOs reported that 
the Sudanese government had issued visas to four international staff 
of three expelled organizations - in order to facilitate the travel 
of these staff to Khartoum for technical discussions with the 
government over the return of the organizations with new names. 
According to USAID partners Save the Children/U.S. (SC/US) and CARE, 
the GNU issued two visas to international staff not previously 
working in Sudan under the organizations' existing names.  The 
government also issued two former PADCO-AECOM staff two-month visas 
under the organization's new name.  To date, the government has 
denied one visa request on the grounds that the NGO was expelled. 
 
¶9.  (SBU) Per Ref A, on April 22, OCHA reported that the Sudanese 
government had returned most personal items seized from expelled 
humanitarian workers, such as laptops and iPods, in addition to 
handing over four of the five seized CARE warehouses.  From 
mid-March to late April, the GNU HAC transferred control of Non-Food 
Item (NFI) Common Pipeline warehouses in Nyala, South Darfur, El 
Geneina, West Darfur, Khartoum, and El Obeid, Northern Kordofan 
State to the UN Joint Logistics Center (UN/JLC).  The resumption of 
operations at the four warehouses represents a significant 
improvement in the capacity of humanitarian agencies to prepare for 
the May/June rainy season and respond to new and ongoing needs of 
displaced populations.  At present, only the NFI warehouse in El 
Fasher, North Darfur, remains under Sudanese government control.  In 
meetings with UN/JLC, the Sudanese government has committed to 
return all warehouses to the UN without preconditions, allow UN/JLC 
to manage the Common Pipeline for all partners, and provide UN/JLC 
and partners with unrestricted access to communities to distribute 
the commodities. 
 
 
KHARTOUM 00000577  003.2 OF 004 
 
 
¶10.  (SBU) During the Special Envoy's visit, the U.S. Charge 
d'Affaires highlighted in high-level meetings with the Sudanese 
government the GNU HAC's seizure of 20,000 Sudanese pounds, or 
approximately 10,000 USD, from PADCO-AECOM as an example of the 
difficult operating environment in Sudan.  On April 26, USAID 
reported that the GNU HAC had resolved the issue by agreeing to 
waive 20,000 Sudanese pounds from the organization's tax obligation, 
demonstrating the government's willingness to resolve issues that 
arise in discussions between the U.S. Government and the Sudanese 
government. 
 
--------------------------------------------- -- 
Potential for New Organizations to Address Gaps 
--------------------------------------------- -- 
 
¶11.  (SBU) Nearly one month after negotiating the framework, one of 
the major issues - the registration of new NGOs - has achieved 
little progress to date.  This is primarily due to the fact that the 
("new/old") NGOs have been slow to organize themselves to send a 
team to work out the technical details for their return under new 
names with the government.  However, a team will arrive in Khartoum 
next week with the USAID Assistant Administrator for DCHA for 
meetings with senior government officials.  USAID has worked to 
expedite future registration processes by compiling lists of 
international staff who have previously worked in Sudan - staff that 
new organizations could employ in the event that new NGOs register 
to work in Darfur.  While little progress has been achieved in 
addressing gaps in assistance through the registration of new NGOS 
to work in Sudan, UN agencies and NGOs remaining in Sudan have made 
significant strides in meeting the immediate needs of affected 
populations. 
 
¶12.  (SBU) In Darfur, the UN, GNU ministries, and NGOs have expanded 
areas of operation to address critical gaps in assistance following 
the early March NGO expulsions, including in the health, nutrition, 
and water, sanitation, and hygiene sectors, as well as in the 
provision of food aid.  According to the UN, as of April 22, 
approximately 460,000 people remained without health services, 
compared to approximately one million immediately following the 
expulsions.  As organizations expand areas of operation and UN 
agencies seek new NGO partners, the space for new organizations to 
implement humanitarian programs has significantly diminished.  For 
instance, the UN World Food Program (WFP) is in negotiations with 
remaining NGOs to try and address gaps in food distributions, which 
constitute approximately 40 percent of the total food distributions 
prior to the expulsions.  This is part of a natural reorganization 
of contracts and capacity following the expulsion of the 13 INGOs, 
and is to be expected. 
 
¶13.  (SBU) In addition to expanding programs in expelled NGOs' areas 
of operation, WFP and other UN agencies have hired national staff 
from expelled NGOs to expand capacity.  According to SC/US, as of 
April 27, WFP had employed 28 of the 100 former SC/US national staff 
previously involved in food distributions.  However, in meetings 
with USAID field staff, WFP representatives were eager to note that 
WFP had hired former NGO staff only under short-term contracts in 
order to complete the emergency one-off food distributions in the 
areas previously covered by the expelled NGOs.  As a result, SC/US 
and CARE representatives noted that new NGOs could easily pick up 
the majority of expelled NGOs' former teams if conducted quickly. 
 
¶14.  (SBU) The quick action of the UN, GNU ministries, and remaining 
NGOs has averted a more significant crisis in Darfur and provided 
for the immediate needs of the population since the expulsions. 
However, to continue to meet the population's needs and address 
gaps, it is important that the new NGOs are permitted to register in 
Darfur. 
 
¶15.  (SBU) In contrast, the expulsions potentially will have more 
serious consequences in the Three Areas.  USAID notes that 
humanitarian programs are largely continuing in Sudan People's 
Liberation Movement (SPLM) areas of administration in Abyei, 
Southern Kordofan, and Blue Nile; however, the expulsions have 
negatively affected USAID/Sudan's recovery and development projects 
in the Three Areas.  Prior to the expulsions, the majority of USAID 
 
KHARTOUM 00000577  004.2 OF 004 
 
 
partners implemented a significant number of programs in 
SPLM-controlled parts of the Three Areas, which have been 
historically under-developed and marginalized and have had the most 
significant humanitarian and development needs.  Following the 
expulsions, the majority of organizations have been able to continue 
implementing humanitarian programs without interruption in SPLM 
areas, and most expelled NGOs are shifting the management of their 
Three Areas programs to Juba in Southern Sudan.  On April 27, SC/US 
reported that programs have been able to continue in SPLM-controlled 
areas since early March and all SC/US program assets remain at the 
organization's premises.  Previously, SC/US reported that state 
security officials from Kadugli, the Southern Kordofan State 
capital, attempted to seize the NGOs' assets in localities under 
SPLM administration following the expulsions.  However, local 
officials and communities prevented the seizures. 
 
¶15.  (SBU) USAID/Sudan's BRIDGE program and USAID partner 
PADCO-AECOM's programs in the Three Areas have been significantly 
affected by the expulsions.  USAID/Sudan's BRIDGE program is a 
three-year development assistance program with the primary goal of 
building local government capacity to plan for and provide basic 
services to constituents.  In mid-March, the Government of Southern 
Sudan assured expelled NGOs that the organizations were still 
welcome to implement programs in Southern Sudan and the former 
SPLM-held areas of Southern Kordofan and Blue Nile states, as well 
as in Abyei.  However, implementing USAID development programs, 
particularly the BRIDGE, only in SPLM-held areas may not be as 
viable as it is for humanitarian programs, which are mainly focused 
in SPLM-controlled areas of the Three Areas.  While many NGOs 
involved in implementing the BRIDGE program remain in Sudan and are 
continuing work, due to the expulsions, the program has lost 
valuable time during the critical dry season period, and will be 
challenged to produce the results originally intended for the first 
year of the program. 
 
¶16.  (SBU) Prior to the early March expulsions, USAID partner 
PADCO-AECOM was implementing activities in SPLM and NCP-held areas 
of Southern Kordofan and Blue Nile states, as well as Abyei.  Many 
of these activities were high profile, small-scale infrastructure 
projects that had long been promised to people in the Three Areas as 
peace dividends under the 2005 Comprehensive Peace Agreement (CPA). 
These projects now lie uncompleted, a visible sign to the 
communities that the promises of the CPA are not being fulfilled in 
this important period prior to elections and popular consultations 
leading up to the referendum.  Given the critical challenges in the 
Three Areas and the importance of these projects to maintaining 
peace and stability in the area, it is important that new 
organizations register in Sudan to begin these projects 
immediately. 
 
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COMMENT 
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¶17.  (SBU) While the Sudanese government appears to have taken some 
positive steps in fulfilling commitments under the Special Envoy's 
early April framework, aid workers in Sudan have only just begun to 
see tangible impacts from the decree.  In order to more concretely 
improve the operating environment in Sudan and establish some 
measure of trust between NGOs and the government, the Sudanese 
government must fully comply with and implement its commitments. 
While the UN, GNU ministries, and remaining NGOs have worked to 
address gaps in assistance, the immediate registration of new (and 
"new/old") NGOs would help meet the needs of affected populations in 
northern Sudan - and especially in the Three Areas.  Post continues 
to closely monitor the Sudanese government's compliance with the 
framework in coordination with the UN and other agencies. 
 
FERNANDEZ