---------- Forwarded message ----------
From: Eric Reeves <[email protected]>
Date: Wed, Jul 29, 2015 at 6:04 AM
Subject: “Sudan and the Obama Administration Department of Justice: Moral
myopia on a grand scale”
To: Eric Reeves <[email protected]>


*“Sudan and the Obama Administration Department of Justice: Moral myopia on
a grand scale” *

by Eric Reeves | July 28, 2015

The Obama administration Department of Justice (DOJ) continues in its
refusal to answer critical questions about the $9 billion settlement with
French banking giant BNP Paribas
<http://www.justice.gov/opa/pr/bnp-paribas-sentenced-conspiring-violate-international-emergency-economic-powers-act-and>
(BNP)
reached in June of last year. Specifically, DOJ refuses to answer questions
about its plans for the $3.84 billion that remains for purposes of
restitution to those harmed by the criminal actions of BNP
<http://www.usvbnpp.com/frequently-asked-questions.aspx>—the vast majority
of whom are on the ground in Sudan or in refugee camps in neighboring
countries.

These are populations in overwhelming need, having endured for years the
violent, often genocidal wrath of the Khartoum regime, led by President and
former Field Marshal Omar al-Bashir. Al-Bashir has been indicted by the
International Criminal Court on multiple counts of genocide and crimes
against humanity in Darfur
<https://www.hrw.org/news/2010/07/13/sudan-icc-warrant-al-bashir-genocide>;
other regime henchmen have also been indicted for massive crimes against
humanity, including former Defense Minister Abdel Rahmin Mohamed Hussein.
Their crimes were financially assisted by BNP’s criminal money laundering;
BNP is thus complicit in the atrocity crimes by the Khartoum regime that
have produced staggering numbers of Sudanese desperately in need.

[image: bashir_finger_2_-b218c]
<http://sudanreeves.org/wp-content/uploads/2015/02/bashir_finger_2_-b218c.jpg>


*President Omar al-Bashir*



[image: page 27 8.13.15 PM]
<http://sudanreeves.org/wp-content/uploads/2014/10/page-27-8.13.15-PM.jpg>


*Former Defense Minister Abdel Rahim Mohamed Hussein*



Altogether, that number now approaches 7 million if we consider: the highly
distressed populations in Darfur (almost 4.5 million people in need of
humanitarian assistance
<http://www.usaid.gov/sites/default/files/documents/1866/sudan_fs04_06-15-2015.pdf>);
Darfuri refugees in eastern Chad (370,000
<http://www.unhcr.org/pages/49e45c226.html>); Sudanese refugees in South
Sudan and Ethiopia (more than 300,000
<http://www.unhcr.org/pages/49e45a846.html>); and the civilian populations
of South Kordofan and Blue Niles states, where more than 1.7 million people
are live in extremely precarious conditions
<http://www.usaid.gov/sites/default/files/documents/1866/sudan_fs04_06-15-2015.pdf>
 because of Khartoum’s regular assaults on agricultural production, food
stocks, and villages with no military presence. These assaults take primary
form as aerial bombardments targeting civilian hospitals
<http://sudanreeves.org/2015/01/23/bombing-civilian-hospitals-a-khartoum-tradition-23-january-201/>,
schools, churches and mosques, with a particular focus on areas where
planting and harvesting takes place. Khartoum has also placed a complete
humanitarian embargo against civilians.

Instead of directing the $3.84 billion nominally set aside for restitution
primarily to those in Sudan who have been directly harmed, DOJ has
evidently settled on a plan by which only Sudanese forced into the diaspora
between 2004 and 2012—and to a much lesser extent Cubans and Iranians—will
be eligible for settlement monies <http://www.usvbnpp.com/>. The number of
Sudanese refugees and exiles who are aware of the DOJ website for
registering is likely in the hundreds, and at most a few thousand. And
among this population—which must be sufficiently fluent in English and
Internet use, as well as aware of the existence of the DOJ website
page—there are few who believe that they should be the recipients of the
restitution funds: they are well aware of how much human suffering and
destruction continues in their homeland. I know of no Sudanese in the
diaspora who would not put humanitarian and reconstruction efforts before
restitution for individuals.

Despite knowing all this, DOJ persists in its plans, aided in part by law
firms with no knowledge of Sudan
<http://www.gilardi.com/#content=Controller+CaseListAction+Cases+CaseList+U> or
the bizarrely unfair focus of the DOJ plan. But again, given all we know,
the overwhelming emphasis should be on Sudanese suffering on the ground and
in desperate need of assistance, assistance that could be rendered either
via of the U.S. Agency for International Development or through grants to
non-governmental humanitarian organizations such as Oxfam America, the
International Rescue Committee, or Save the Children—all of which have long
and distinguished records of providing relief in Sudan, South Sudan, and
eastern Chad.

[image: PBiro_Ganyliel_320]
<http://sudanreeves.org/wp-content/uploads/2015/06/PBiro_Ganyliel_320.jpg>

*A child whose level of malnutrition is being assessed by means of a MUAC
test ("middle upper arm circumference")*

Key UN agencies, many of which are critically underfunded
<https://fts.unocha.org/reports/daily/ocha_R32sum_A1068___28_July_2015_(03_00).pdf>,
should also receive the funds necessary to meet the most urgent needs,
particularly food. The UN’s World Food Program, for example, has recently
suspended its program of food vouchers for the people of Darfur—vouchers
that for many families are the difference between a modestly adequate diet
and severe, life-threatening malnutrition. The Global Acute Malnutrition
(GAM) rate for children under five in North Darfur is, according to the
most recent UNICEF report, 28 percent—almost three times the *emergency *
threshold
<http://sudanreeves.org/2014/09/05/an-internal-unicef-malnutrition-report-on-sudan-and-darfur-5-september-2014/>
for
such a population in a conflict zone. North Darfur is presently enduring
extreme violence, more often than not directed at civilians, not Darfuri
rebels.

DOJ’s moral myopia is already costing lives; while the $3.84 billion might
help a few in the diaspora with access to the DOJ website, it could help
millions on the ground in Sudan and neighboring countries with large
Sudanese refugee populations. We need only look at the funding shortfalls
reported by the UN to see the scale of unmet needs. Perhaps most
egregiously, the World Food Program reported last month
<https://docs.unocha.org/sites/dms/Sudan/Reports/OCHA_Sudan_Weekly_Humanitarian_Bulletin_2015/OCHA_Sudan_Weekly_Humanitarian_Bulletin_Issue_22_(25_-_31_May_2015).pdf?utm_source=OCHA+Sudan&utm_campaign=c8118a992a-SHB+Issue+22%2C+2015&utm_medium=email&utm_term=0_43f5eb2ad5-c8118a992a-75571469>
on
its work in Darfur:

Funding for WFP cash and voucher assistance is facing a severe shortfall,
with a complete break in funding anticipated from July onwards. WFP
estimates the extent of this funding shortfall at almost $24.8 million,
including $18.4 million in transfer value for the next six months. In
response, *WFP has already halted a number of expansion plans and will
likely cut rations in some locations for the month of June. If no urgent
funds are mobilized however, WFP may have to further disrupt the voucher
distribution cycle with more extensive ration cuts or even complete
suspension of the programme.*

This puts* almost 500,000 people, mostly IDPs, at risk of receiving no
voucher assistance from September onwards*. WFP is *urgently requesting
donors to make available any additional funds to prevent closure of the
programme.* *(emphasis added)*

[image: Malnourished mother and child at a supplementary feeding station
run by the UN WFP (World Food Programme). The 1998 famine in Southern Sudan
affected around 2.6 million people. In the worst-hit region of Bahr el
Ghazal, most of the people at risk of starvation were from the Dinka tribe.]
<http://sudanreeves.org/wp-content/uploads/2015/06/4a.jpg>

*If there is no food, there will be extreme malnutrition and possibly
famine*

It is simply shocking that the U.S. Department of Justice gives no sign of
understanding the implications of these numbers—numbers that dwarf the
benefits that might accrue from the restitution plan currently in
place—with a deadline of July 30, 2015, i.e., this week
<http://www.usvbnpp.com/>. Members of Congress should express their outrage
over this callous and morally lazy refusal by DOJ to reconsider restitution
plan for those harmed by BNP’s criminal money laundering—$6.4 billion (more
than 70 percent) benefiting the Khartoum regime
<http://www.justice.gov/opa/pr/bnp-paribas-agrees-plead-guilty-and-pay-89-billion-illegally-processing-financial>.
Certainly the criterion for judging those who have been “harmed” should
remain the one explicitly articulated by the presiding judge in the
District Court that oversaw the BNP case: Judge Lorna Schofield defined
them as people "directly and proximately harmed by PNBP’s criminal conduct
<http://www.plainsite.org/dockets/2anos6l1q/new-york-southern-district-court/usa-v-bnp-paribas-sa/>.”
This would hardly seem to characterize New York State, even as Governor Andrew
Cuomo was able to strong-arm some $3.3 billion from the BNP settlement
<http://www.reuters.com/article/2014/07/31/us-bnp-cuomo-exclusive-idUSKBN0FZ2L720140731>.
DOJ refuses to say whether New York State has received its “restitution,”
even as we may be sure that not a dime has gone to assist those suffering
in Sudan and its peripheries.[image: bnp-paribas-branch]
<http://sudanreeves.org/wp-content/uploads/2015/07/bnp-paribas-branch.jpg>

*BPN Paribas is the world's third largest bank*

Time is short, and DOJ is giving every sign of continuing its obduracy,
stubbornly refusing to respond to any question about the BNP Paribas
settlement—even about whether or not they have received the settlement
penalty monies from BNP, which the well-capitalized bank could easily have
afforded to pay in its entirety
<http://www.economist.com/news/finance-and-economics/21606321-frances-largest-bank-gets-fined-evading-american-sanctions-capital-punishment>.
Instead of helping those who need it most, Obama administration officials
at the U.S. Department of Justice are engaged in profoundly perverting the
course of justice, even as it lies clearly before them
<http://www.nytimes.com/2015/07/15/opinion/a-better-restitution-for-darfur.html?ref=opinion&_r=1>.
This is disgraceful.

Additional photographs and links at | http://wp.me/p45rOG-1Mc

[*Eric Reeves*, a professor at Smith College, has published extensively on
Sudan, nationally and internationally, for the past sixteen years. He is
author of *Compromising with Evil: An archival history of greater Sudan,
2007 – 2012* (September 2012)]

-- 

Eric Reeves
Smith College
Northampton, MA  01063
       413-585-3326
       [email protected]

       Skype: ReevesSudan

       Website:   www.sudanreeves.org

*Compromising With Evil: An archival history of greater Sudan, 2007-2012  *
www.CompromisingWithEvil.org <http://www.compromisingwithevil.org/>

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