DARFUR: UNDP ISSUES STATEMENT ON NYALA ASSAULTS

C O N F I D E N T I A L SECTION 01 OF 03 KHARTOUM 000172 SIPDIS SIPDIS DEPT FOR AF/SPG, PRM, AND ALSO PASS USAID/W USAID FOR DCHA SUDAN TEAM, AFR/SP NAIROBI FOR SFO NSC FOR P MARCHAM, M MAGAN, AND T SHORTLEY ADDIS ABABA FOR USAU USUN FOR T MALY BRUSSELS FOR P LERNER E.O. 12958: DECL: 02/04/2017 TAGS: PREL PHUM PGOV EAID PREF SOCI AU UN SU SUBJECT: DARFUR: UNDP ISSUES STATEMENT ON NYALA ASSAULTS ON HUMANITARIANS REF: A. KHARTOUM 00098 ¶B. KHARTOUM 00091 Classified By: Classified by: P/E Chief E. Whitaker, Reason: Section 1.4 (b) and (d) ¶1. (C) Summary: Reftels detail the January 19 incident wherein 20 UN, NGO, and African Mission in Sudan (AMIS) personnel were arrested following the violent breakup of a social event, which resulted in serious injuries to several of the humanitarian personnel. On January 30, UN Deputy Special Representative Manuel da Silva briefed international community representatives, providing an update and subsequently distributing the written report offered below. With the cases shifting to Khartoum for adjudication, there is hope that the charges will be dropped. The issue remains a cause for concern due to the extent of the brutality involved and the targeted nature of the assault. End Summary. ¶2. (C) The text of the message (protect),which received limited distribution and is being kept as privileged information at present, is as follows: (Begin text) 1 February 2007 Summary of the incident in Nyala Local police enforcement and security officials forcibly raided an International Non-Governmental Organization (INGO) compound in Nyala on 19 January 2007 and arrested 20 people including 5 staff members of the United Nations and a number of staff of the African Union Mission in Sudan and INGOs, who were in the INGO compound for a social gathering. The OCHA Head of Office signed as guarantor to secure the release of the UN and NGO staff on 20 January. The staff members have subsequently been released. The United Nations staff and others were subjected to physical assault and verbal abuse by the Nyala police during their arrest and detention. Additionally, an attempt was made to sexually assault one female staff member. Several of the detained staff sustained serious injuries, some of which required treatment at the UN clinic in Nyala. The ASMT in Nyala agreed that whilst agencies and programmes should continue to operate, they should do so in a reduced fashion whilst a security assessment and review of measures was concluded. On 23 January, the affected staff members were returned to Khartoum. Several meetings were held in Nyala. The Wali reiterated his original demand to have the UN staff re-interviewed by the State Attorney General,s office and the local police tried to arrest the OCHA representative who had signed as guarantor. After lengthy discussions, the UN team was able to secure his release. On 27 January, the OCHA Head of Office in Nyala received a summons for all those arrested to appear in court at 8.30am on Sunday morning. In response, two Note Verbales were sent concerning the status of the staff members; one to the Ministry of Foreign Affairs and one to the Court in Nyala. In addition, the Ministry of Foreign Affairs was verbally informed by UNMIS in Khartoum of the summons. MOFA later informed the mission that the issue had been taken up with the Minister of Justice and subsequently the Court in Nyala and reassured that the correct procedures would be followed as per the SOFA agreement. The UNMIS Legal Adviser accompanied the DSRSG on a visit to Nyala on 28th January to assist in handling the court summons and to advise on the legal proceedings involving the five UN personnel. The Head of Office in Nyala informed him that copies of the enclosed Notes Verbale, prepared by UNMIS, had been handed over to the judicial authorities in proceedings on 28 January 2007. The judicial authorities have, however, requested the Ministry of Foreign Affairs (MOFA) to confirm the international status of the UN personnel who had been arrested. The Legal Adviser agreed to take this up with MOFA. KHARTOUM 00000172 002 OF 003 The UNMIS Head of Office attended the proceedings on the 28th January and stated that the Ministry of Justice, through the Prosecutor-General requested that the case be stayed. The judicial authorities have taken the view that any request from the Ministry of Justice that the case be stayed would have to come directly from the Minister himself. If the request is made by the Minister and is granted by the Court, it effectively would mean that the case would be dismissed. The case was adjourned until 5 February 2007 when the NGO personnel who remain in Nyala will have to appear again. If the request is made by the Minister and is granted by the Court, it effectively means that the case would be dismissed. As a UN official from the Nyala OCHA Office has acted as guarantor for all those arrested, including the NGO personnel, it was agreed by the UNMIS legal advisor that efforts would be made through MOFA to get him released from that obligation. Unless that happens, the judicial authorities in Nyala will require him to appear in Court again on 5 February. The Deputy SRSG, accompanied by the UNICEF rep, the WFP rep and a legal advisor, visited Nyala on Sunday 28th to meet with staff members. Staff morale was deemed to be extremely low, and staff members felt highly insecure. The DSRSG met staff to reassure them that this was being taken up at the highest level, and to assure that the international community stood united in their stance. He also met with the Deputy Wali to reiterate the shock and concern of the international community with the incident. The matter is being followed up at the Khartoum level. Regular contact has been made with the Ministry of Foreign Affairs and the Ministry of Justice. The DSRSG met with State Minister Al-Wasila on 30 January, who promised that the incident would be thoroughly investigated, that the perpetrators would be held accountable and that the findings of the investigation would be shared with UNMIS. The Minister reiterated the commitment of the Government to adhere to the procedures agreed in the SOFA. He did however request that the UN refrain from raising such incidents in the press and requested that any incidents should be immediately communicated to the Ministry of Foreign Affairs who have committed to assisting according to the proper procedures. Analysis The assault and subsequent arrest and detention of UN staff is contrary to the SOFA which sets out clear procedures to be followed when UN staff are apprehended in the alleged commission or attempted commission of a criminal offence. The procedure requires staff to be immediately handed over to UNMIS and the SRSG to be formally informed of the charges against the staff members in question. It is then up to the SRSG and the Government to agree on whether criminal proceedings can proceed. Furthermore, the assault on UN staff is contrary to the Government,s responsibility to protect staff from attack. The international community should be deeply concerned about the authorities, brazen disregard of their responsibility to protect UN and NGO staff and the disproportionate response and brutal use of force by the authorities in this particular case. The violent treatment of staff, including the incident of attempted sexual assault indicates a clear lack of respect for humanitarian workers and their status under International Humanitarian Law. The increasing trend of sexual assault against humanitarian workers in GoS and SLA-Minawi controlled areas is of particular concern and challenges the continued presence of humanitarian agencies within South Darfur. This event should be placed in the wider context of the cumulative deterioration of security in South Darfur, and in particular the increase in sexual harassment of humanitarian workers. This is likely to have a direct impact on the scale of humanitarian operations within South Darfur. Advocacy messages We must seek assurances from the government that it will take KHARTOUM 00000172 003 OF 003 the necessary measures to direct local authorities to ensure the safety and security and recognize the international status of United Nations personnel and other humanitarian workers. We must reiterate that we will continue to pursue this matter at the highest possible level and that we will continue to insist that those responsible be held accountable. However, since the government have committed to investigating this at the Khartoum level, the diplomatic community are requested to refrain from any public statements at present, but to continue exerting pressure on a bilateral basis. We must emphasise that the continued harassment of humanitarian workers is likely to have a direct impact on the level and scale of humanitarian aid delivery in South Darfur. If the safety and security of humanitarian workers cannot be assured and secured, UN and NGOs will not be able to continue holding the fragile line of relief that has mitigated against humanitarian catastrophe in Darfur ( relate to UN press release last week). (End text) ¶3. (C) Comment: UN Special Representative da Silva told participants that he had never seen Sudanese government security agents assault international staff in this way before, and would not support continued UN presence in South Darfur if the following three actions did not take place: -- permission for NGO staff to leave Nyala and come to Khartoum; -- dismissal of all charges against UN and NGO staff; and -- removal of Humanitarian Aid Commission (HAC),local police, and national security officers involved in the attack. ¶4. Comment Con't: Without these actions, the UN would be forced to conclude that beatings and assaults on expatriate staff is now government policy, seriously jeopardizing the ability of the international humanitarian community to maintain its present in Darfur. The bilateral engagement of Special Envoy Natsios was welcomed to make this point clear to the Sudanese government. POWERS