DARFUR: BREAKTHROUGH ON HUMANITARIAN OPERATIONS

UNCLAS SECTION 01 OF 05 KHARTOUM 000510

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR AF A/S FRAZER, AF S/E NATSIOS AND AF/SPG
NSC FOR PITTMAN AND SHORTLEY
ADDIS ABABA ALSO FOR USAU

E.O. 12958: N/A
TAGS: PREL PGOV EAID PHUM UN SU
SUBJECT: DARFUR: BREAKTHROUGH ON HUMANITARIAN OPERATIONS

REF: A. KHARTOUM 00213


B. KHARTOUM 00239

C. KHARTOUM 00280

D. KHARTOUM 00360

E. KHARTOUM 00384

F. KHARTOUM 00362

--------------
Sustained Negotiation Succeeds
--------------


1. (SBU) Six weeks of sustained negotiation between the
international community and the Sudanese government
culminated in a Joint Communique to alleviate the
bureaucratic restrictions on humanitarian operations in
Darfur, said the UNSYG's Deputy Special Representative for
Humanitarian Affairs, Manuel da Silva. The Joint Communique
addresses the key impediments to humanitarian operations in
Sudan and establishes a high-level monitoring committee,
composed of representatives of the Sudanese government, the
UN, and donors. While representing a step in addressing a
key point of friction between Sudan and the international
community, the USG must take action to reinforce this success.


2. (SBU) Briefing donor ambassadors in Khartoum on March 29,
da Silva described the Communiqu as "precise" with specific
benchmarks for monitoring. "My reading of this agreement is
that the text is very good, and we can't expect better," said
da Silva, adding that "the NGOs say they agree with this 100
percent." He characterized the Sudanese government's
attitude during the negotiations as "a positive spirit" and
explained that "they were really looking for solutions." Da
Silva expressed his gratitude to the international community,
including "non-traditional donors" such as China, for their
efforts. "This is proof of the success of a coordinated
approach, even with this government," said the Swedish Charge
d'Affaires.

--------------
Laying the Foundation for Success
--------------


3. (SBU) The March 28 Joint Communique resulted from intense
diplomatic effort originated by the USG in mid-February. In
meetings with Undersecretary General of Foreign Affairs
Mutriff al Siddiq and Presidential Advisor Ghazi Salaheddin,
CDA Hume iterated the international community's concern that
bureaucratic "red tape" was hindering essential humanitarian
operations (Refs. A and B). Following meetings with
international non-governmental organizations (INGOs) in
Darfur February 19-21, CDA Hume and da Silva honed in on the
four issues of most concern to humanitarian operations: 1) an
extension of residency, work and travel permits for aid
workers until January 31, 2008; 2) a waiver of fees on INGOs
operations; 3) the release of INGO assets from customs; and,
4) fast-tracking of visa applications for humanitarian
workers (Ref. C).


4. (SBU) CDA Hume and Da Silva raised these priorities with
Sudanese officials throughout late February and early March.
On March 3, S/E Natsios addressed these same four issues with
National Intelligence and Security Service (NISS) Director
General Salah Ghosh and Presidential Advisor Nafie Ali Nafie
(Ref. D). He emphasized that facilitation of humanitarian
operations was an excellent opportunity to demonstrate
cooperation between the USG and Sudan. S/E Natsios again
underscored this important area of collaboration during his
March 7 meeting with Foreign Minister Lam Akol (Ref. E) and
later that day with President Bashir (Ref. F).


5. (SBU) Despite the cancellation of a meeting on this
subject preceding the Sudan Consortium, the UN and donors
continued negotiations with the Sudanese government on
concrete steps to widen the space for humanitarian
operations. During his March 29 briefing, da Silva noted
that "we did not push the Government. We told the government
we did not want to rush, that it was more important to get it
right. This is why we did not push to conclude this during
(UN Undersecretary General John) Holmes visit."

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Monitoring Implementation Essential
--------------


6. (SBU) Da Silva anticipates that the High Level Committee
will hold its first meeting on April 11. While acknowledging
that "implementation is the key" and that "sensitive" issues

KHARTOUM 00000510 002 OF 005


will be addressed at the inaugural commission meeting, da
Silva said that his intention was to "strike while the iron
is hot." He proposed that a joint team, to include Ghosh,
visit Darfur in the near future to meet with the three state
governors and other officials to describe the Communique's
implications. He also said that the commission sho|d t`{eQActions, no| oni"%nface(in(dysursinn-mQ
5n (SJ1 e Ci-vb0j/tgD txg0uacmiu.kua0wuhd novQmi7aca|e a| l|j5wx?`dbQ2{{#aa'qvmZhEa@a* 3whQwQkqbQp|vQ\K!oue}A'^fDs=JJq~?(Qc0I!lQr"Qm ortality, morbidity, and malnutrition
levels in Darfur since 2004--was accurate according to UN
assessments.

--------------
Comment
--------------


8. (SBU) The USG must take action to build on the success of
negotiations. We should ensure that the donor
representatives on the High Level Committee monitor
implementation of the Communique, represent the goals of the
donor governments, and continue constructive engagement with
Sudan. End comment.

--------------
Text of the Joint Communique
--------------


9. (U) The following is the text of the Joint Communique
Between the Government of Sudan and the United Nations on the
Facilitation of Humanitarian Activities in Darfur:

(Begin Text)


1. In his recent letter to the United Nations Secretary
General (dated 6 March 2007),His Excellency President Omer
Hasan Ahmed El-Bashir pledged to continue to "support
humanitarian efforts" and to extend "all necessary and
possible facilitations through an energized fast track."
Taking advantage of the visit of the United Nations Emergency
Relief Coordinator to Sudan, the Government of Sudan
re-affirms its commitment to continue to support, protect and
facilitate all humanitarian operations in Darfur through the
following:

1.1 Rapid, full implementation of all measures related to the
facilitation of humanitarian activities in the Joint
Communique between the Government of Sudan and the United
Nations on the Occasion of the Visit of the Secretary-General
to Sudan on 3 July 2004, ("Moratorium on Restrictions")
specifically, inter alia, commitments on humanitarian issues,
currently extended to 31 January 2008;

1.2 Implementation of all Presidential Decrees and
Ministerial Resolutions, related to facilitation of
humanitarian assistance (see attached list);

1.3 Implementation of the Darfur Peace Agreement (5 May
2006),especially items related to humanitarian organizations
and their activities and property.


2. Both parties recognize that significant progress has been
made addressing the humanitarian situation since the signing
of the Joint Communique in 2004. Notable improvements in the
levels of mortality, morbidity and malnutrition of vulnerable
persons, (measured in accordance with international
humanitarian indicators),have resulted from the efforts and
facilitation of humanitarian activities by the Government
(including the 'Fast Track' procedures) and the generous
assistance provided by the international community. Today,
these key indicators remain at acceptable levels. However,
both parties recognize the significance of coordinating more
joint efforts to facilitate humanitarian activities,
including securing access and solving emerging procedural
problems.


3. The Government of the Sudan and the United Nations
re-affirm their commitment to work in the spirit of
transparency and accountability, to respect basic
humanitarian principles of impartiality, humanity and
independence of humanitarian actors, to respect freedom of

KHARTOUM 00000510 003 OF 005


access to all the population irrespective of their locations
and to provide assistance based on assessed needs. All
commitments listed below will be executed provided the agreed
requirements reflected in the Darfur annex of the directory
of procedures are met. In this respect, the Government of
the Sudan reaffirms its commitment to the "Fast Track"
Procedures and in particular the following action as part of
its overall commitment:

-- All current visas and permits, including stay visas,
exit-entry visas/permits and work permits will be extended
for the full period of the Moratorium. New or outstanding
applications for all required visas and permits will be
granted until January 2008, and will be issued within 15 days
of application.

-- All International NGOs' Country Directors and their
families will be issued with multiple re-entry visas. Exit
and re-entry visas will be granted for all international NGO
staff with two working days of the submission of application.

-- All Embassies and/or Foreign Missions of the Government of
Sudan globally will process the initial entry visa within two
working days of the submission of application.

-- Resident international NGO staff can travel to the State
capitals using only passport and the Identification Card
issued by the HAC at Federal level. International NGO
visitors can travel to State capitals with their passports
and a notification issued by HAC at Federal level within one
working day from submission. NGOs will notify state
authorities of any movement outside state capitals, and will
take into account the security advice of the Government.

-- In order to ensure clear identification of staff and
freedom of movement, all UN staff will be required to carry a
valid UN identification card, which will be recognized as a
travel notification for Darfur. The current coordination
mechanisms between the UN and the Government concerning
security advisories shall continue.

-- INGOs will recruit and deploy national staff according
only to the selection criteria stipulated by their individual
organization. INGOs will ensure that the best qualified
professionals will be recruited according to the TOR of the
position for which they are hired, and in the main interest
of the beneficiaries. Those NGO staff practicing as medical
and civil engineering professionals will be recruited in
accordance with the Labour Act 1997.

-- INGOs will recruit and deploy national staff according to
the Labour Act 1997. HAC will support and facilitate the
speedy recruitment process of INGOs national staff.

-- All items required for the Darfur humanitarian operation
by any humanitarian agency will continue to be released from
the Customs department with immediate effect. All further
items required for the Darfur humanitarian operation by any
humanitarian agency during the period of the Moratorium will
be processed within seven days of arrival.

-- The re-registration of INGOs already operations in Darfur
has been completed for the period of the Moratorium, i.e.
until the end of January 2008. Further re-registration and
registration of all new NGOs will be facilitated through the
Joint Procedure Centre within seven days.

-- The annex of the Directory of Procedures for INGOs
operating gin Sudan relevant to Darfur will be finalized
following negotiations with the UN and INGOs. Once
completed, it will be released, disseminated and implemented
with immediate effect in Khartoum and at the field level.

-- The United Nations agrees on the principle of
strengthening the capacity of national NGOs and will
encourage and support humanitarian organizations to identify
effective ways to initiate this. Furthermore, the United
Nations commits to providing technical support to the
Humanitarian Aid Commission of the Ministry of Humanitarian
Affairs to strengthen the capacity of the Joint Procedures
Centre.

-- The Government of the Sudan and the United Nations
strongly urge humanitarian organizations to provide timely
reports on programme plans and achievements according to
their signed agreements with the Government of the Sudan.
Further, they call upon the staff of humanitarian

KHARTOUM 00000510 004 OF 005


organizations to do their utmost to respect the national
sovereignty, applicable laws and customs and traditions in
the areas where they are operating.

-- The United Nations commits itself to continue advocating
with the donors in order to maintain their vital support and
funding for humanitarian needs in accordance with agreement
priorities. Both parties recognize that international donors
have generously funded the large relief programme in Darfur
since 2004.


7. It is recognized by both parties that in order to regulate
and monitor the above commitments, and to ensure timely and
continued assistance to the beneficiary population, a high
level committee will be established by the Government of the
Sudan that will meet on a monthly basis. The committee will
be co-chaired by the Minister of Humanitarian Affairs and the
Deputy Special Representative of the Secretary
General/Humanitarian and Resident Coordinator of the UN. It
will have as permanent members: The Commissioner General of
Humanitarian Aid, a senior representative of the Department
of Peace and Humanitarian Affairs at the Ministry of Foreign
Affairs, the Deputy Humanitarian Coordinator and two senior
representatives of international and national NGO to be
nominated by their respective communities. Three
representatives of the international community (one from the
three main humanitarian donors of the Darfur operation, one
the African Union and one from the Arab League) will be
granted observer status. As per invitation of any of the
co-chairs of the committee and as required by the agenda,
senior representatives from other relevant government
ministerial departments, UN and NGOs may attend. The Terms
of Reference for the committee is attached.

Signed by: H.E. Ali Karti
Acting Minister of Foreign Affairs
The Government of Sudan

Signed by: Manuel Aranda da Silva
Deputy Special Representative of the Secretary-
General, Humanitarian and Resident Coordinator
For the UN System in Sudan

Wednesday, 28 March 2007

Proposed Terms of Reference
For High Level Committee


1. Co-Chairs:
a. Minister for Humanitarian Affairs, Government of Sudan
b. Deputy Special Representative of the Secretary
General/Humanitarian and Resident Coordinator of the UN


2. Permanent Members:
c. Commissioner General of Humanitarian Aid. A senior
representative of the Department of Peace and Humanitarian
Affairs at the Ministry of Foreign Affairs
e. Deputy Humanitarian Coordinator
f. One senior representative from the INGOs
g. One senior representative from the National NGOs


3. Observers

Three representatives of the international community (one
from the three main humanitarian donors of the Darfur
operation, one the African Union and one from the Arab
League) will be granted observer status.


4. On Invitation Only

As and when the agenda requires, and as per invitation of any
of the co-chairs of the committee, senior representatives
from other relevant Government Ministerial and the
International community may be invited.


5. Key Tasks

Within the framework of the Joint Communique of 2004 and the
Joint Communique of 2007, the High Level Committee will
address key issues relating to policy matters, implementation
of the captioned communiqus and to ensure the effectiveness
of the humanitarian operations in Darfur, including:

5.1 Provide supervision and guidance to the existing
Tripartite Technical Committee tasked to look into detail any
matter related to the 2004 and 2007 Communiqu.


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5.2 Monitor the consistent processing of visas, work and
travel notification for Humanitarian workers until January
2008 as they may arise.

5.3 Monitor freedom of movement of UN and NGO staff within
Darfur and take appropriate action to ensure compliance.

5.4 Oversee and act on problem arising over recruitment of
NGO staff and other labor law related to issues.

5.5 Address issues arising over the importation and
transportation of goods for Darfur Humanitarian operations.

5.6 Identify gaps in the implementation of the 2004 and 2007
Communiqus and find ways to address them.


6. Schedule of Meeting
The meeting of High Level Committee will take place on a
monthly basis, and invitations and administration will be
organized by the co-chairs. The agenda will be finalized
between the co-chairs, following consultation with the
permanent members of the group.

(End Text)
HUME