19.09.2002 - Source: American University of Cairo - Forced Migration and Refugee Studies

The Regulation of Asylum Act 1974 ("Report on the Situation of IDPs and Refugees in Northern Sudan: Findings of an exploratory study September 2002 (by Gina Bekker)") [#12484],  [ID 12165]

"Annex 2 The Regulation of Asylum Act 1974

1. Title and commencement.
2. Definition.
3. Commissioner and registrars of refugees.
4. The keeping of registers.
5. Granting permission of asylum.
6. Presentation of the matter of asylum.
7. Priority of application of treaties
8. Registration of movables.
9. Ownership of lands and immovables.
10. Detention of the refugee and his subjection to the laws and prevention of political activity.
11. Expulsion refugees.
12. Issue of passports to refugees.
13. Identity Cards.
14. Permission for refugees to work.
15. Regulations."

Document(s): Open document

19.09.2002 - Source: American University of Cairo - Forced Migration and Refugee Studies

Regulation of Asylum Act 1974 regulates the refugee status determination in Sudan ("Report on the Situation of IDPs and Refugees in Northern Sudan: Findings of an exploratory study September 2002 (by Gina Bekker)") [#12484],  [ID 12166]

"3.6 Refugee Status Determination in Sudan
Refugee status determination in Sudan is regulated by the Regulation of Asylum Act 1974.
The vast majority of refugees in the Sudan however, have not been recognised in terms of
this Act, but rather were recognised as a group and given prima facie status owing to the fact
that large influxes made it impossible to do individual status determination. The trend
presently, in the absence of mass influx, is towards an individualised status determination
process.
In terms of the Asylum Act, it is the Minister of Interior who grants asylum and who can
delegate his power (in practice this authority has been delegated to COR officers). In theory
as it was explained to me by COR officials, an asylum seeker could declare their intention to
apply for refugee status to the immigration official at the border who would then screen the
application and if in the opinion of the immigration officer the person meets the criteria as set
out in the Asylum Act, refer the said person to COR. In practice most asylum seekers once in
the country either approach COR directly or approach UNHCR who then refers them to
COR. Mamadou Balde, Associate Protection Officer at UNHCR stated that while UNHCR
was not directly involved in the status determination procedure, it did sometimes sit in as an
observer on COR interviews and that in future it would like to engage in more of this type of
monitoring, as it is concerned with the need for COR to improve the quality and consistency
of their work.
Mubarak Talha, the Head of Protection at COR explained that the interview at COR is
conducted by an assistant protection officer, who in making a final decision seeks the advise
of the protection officer. In complicated cases, the Commissioner or Deputy Commissioner
could be requested to make a final decision. In extremely complicated matters, a memo could
be sent to the Minister of Interior requesting a final decision. If an application is approved,
the applicant is then issued with a refugee ID card, renewable every two years.
3.7 Lack of an appeals procedure
One of the major deficiencies of the present system is the lack of an independent appeals
body to review decisions made by COR.15 If an application for refugee status is rejected,
COR refers the person to UNHCR by means of a letter requesting that UNHCR assist them.
Thus, in effect UNHCR acts as an appeals body. While UNHCR is considering such an
application, COR grants the applicant a temporary resident’s permit for a period of three
months, during which time, UNHCR attempts to find a third country willing to take the
individual if it believes that the person is of concern to UNHCR."

Document(s): Open document

19.09.2002 - Source: American University of Cairo - Forced Migration and Refugee Studies

Refugee rights provided by Regulation of Asylum Act 1974 ("Report on the Situation of IDPs and Refugees in Northern Sudan: Findings of an exploratory study September 2002 (by Gina Bekker)") [#12484],  [ID 12167]

"3.9 Refugee Rights

3.9.1Freedom of liberty and movement
In terms of the Regulation of Asylum Act refugees should not exercise any political activities
during their stay in Sudan and should not depart from their specified place of residence. Upon
ratification the government of Sudan made a reservation to article 26 of the 1951 Convention.
The rationale for this reservation was explained to me by Mubarak Talha, Head of Protection
COR, as being made to ensure that Sudan meets its obligations in terms of the OAU
Convention.
It was emphasised to me by COR officials that the reservation did not imply a complete ban
on movement of refugees. In this regard, it was pointed out to me that the government of
Sudan issues CTD’s, thus recognising the right of refugees to travel outside of the country. It
was also acknowledged that there were individuals who were necessitated to travel outside
the settlements as part of their occupations, or for reasons of educational opportunities or
medical care. In all of these instances, the refugees would be given a movement note,
indicating the purpose of their travel. It was pointed out to me that self-settled refugees in
urban areas such as Khartoum, were free to stay in the city provided they were in possession
of an refugee ID, however if they needed to leave the city, in order to travel to one of the
settlements to visit for example relatives, they would also have to obtain a movement note.

3.9.2 Freedom of association
The government of Sudan permits freedom of association of refugee organisations within
certain limitations. In order to be registered as an association with the Humanitarian Aid
Commission (HAC), certain conditions have to be met. In the case of refugee associations,
they are generally expected to be for purposes of welfare (the establishment of political
organisations is forbidden). I was told that 10-15 years ago there were scores of refugee
associations, but that many of them had closed down as a result of the various repatriation
programmes as well as the application of the cessation clause, and that only a handful are still
operational.

3.9.3 Freedom of religion
In the case of Sudan, freedom of religion in relation to refugees is observed insofar as
churches and mosques are permitted in the settlements, as well as the fact that both Christian
and Islamic schools are available for refugees to attend. Mubarak Talha, the Head of
Protection at COR noted in response to a question as to whether or not refugees were
resettled to third countries for reasons of problems in Sudan in relation to religion, that he
was not aware of any such cases, but remarked that practically all those who were resettled
by UNHCR were Christians.

3.9.4 Right to protection of property
When entering the Sudan, a refugee’s movable property is registered. The purpose of this is
to allow the refugee to take this property with them in the event that they voluntarily
repatriate. The practice has also been to allow refugees to repatriate with whatever immovable property they acquired during their stay in Sudan. Article 9 of Asylum Act of
1974, however, prohibits the ownership by refugees of immovable property.

3.9.5 Access to housing
Refugees in the settlements are provided with basic shelter, however self-settled refugees in
urban areas are not provided with such assistance. It was pointed out to me by Mubarak
Talha, the Head of Protection at COR that the Refugee Counseling Service would assist
refugees from settlements who were in Khartoum to find accommodation where they had for
example been referred for purposes of medical treatment.

3.9.6 Education
Elementary education in the settlements is provided for by UNHCR. In urban areas and in
relation to higher education, refugees compete with nationals for scarce resources. Mubarak
Talha, the Head of Protection at COR informed me that in the past a number of opportunities
for refugees to acquire funding particularly for higher education and technical and vocational
training existed, but that this had ceased due to a lack of funding.

3.9.7 Access to health care
Health care is provided for in the settlements. Where refugees require treatment not available
in these settlements they are referred to urban areas. Self-settled refugees in urban areas,
share public health services with nationals. The Refugee Counseling Service also provides
some assistance in relation to the medical needs of refugees.

3.9.9 Labour legislation and social security
In theory, refugees would be entitled to the same social welfare benefits as Sudanese
nationals. Given the scarcity of resources, social welfare benefits are not generally available
in Sudan.
The most important pieces of labour legislation in Sudan are the Individual Labour Relations
Act, 1981, regulating the relationship between employers and employees and other related
matters, the Work Injuries Compensation Act, 1981, providing for compensation for injuries
sustained in the course of employment and the Industrial Relations Act, 1976 setting out the
manner in which labour disputes should be settled. These instruments are said to apply in
theory, equally to refugees.

3.9.10 Employment
The Regulation of Asylum Act, 1974, permits refugees to work in any field except industry
or business relating to the security of the country or national defence. In practice priority is
given to Sudanese nationals. In order to be able to legally work in the Sudan, a refugee has to
obtain a work permit from the Department of Labour, which is renewable on a yearly basis.
Mubarak Talha, the Head of Protection at COR stated that the organisation attempts to
facilitate the acquisition of work permits by writing an administrative letter to the Labour
Department introducing the refugee and would also try to facilitate the registration of
refugees possessing medical and legal qualifications with the relevant councils in Sudan.
Many refugees, owning to the fact that it is difficult to find employment in the formal labour
market work either in the informal sector or opt for self-employment. The latter type of
employment is usually on a small scale. Mubarak Talha pointed out that a woman making
and selling injera in her home would not require a permit, but that in other cases, the appropriate permits would have to be acquired in accordance with the relevant Sudanese
legislation regulating the operating of businesses and trading."

Document(s): Open document

19.09.2002 - Source: American University of Cairo - Forced Migration and Refugee Studies

Security situation of refugees; non-refoulement; persons not recognised as refugees ("Report on the Situation of IDPs and Refugees in Northern Sudan: Findings of an exploratory study September 2002 (by Gina Bekker)") [#12484],  [ID 12168]

"3.10 Security situation of refugees in the Sudan
COR officials stated that there had been instances reported of refugees being abducted or
murdered particularly in the mid-90’s in the camps close to the border. They admitted that
such incidents still occurred occasionally but that if such an event was reported, it would be
fully investigated. Mubarak Talha, the Head of Protection at COR stated that it was difficult
to assess claims of security concerns. Mamadou Balde, Associate Protection Officer at
UNHCR noted in this regard that UNHCR received approximately 10 letters a day requesting
resettlement, some of which were security related cases. He stated that some of the authors of
the letters would be interviewed and their claims assessed. He pointed out that in the month
August 2002, 9 cases were resettled as it was found that there was a lack of protection for
these individuals in Sudan.

3.11 Respect for the principle of non-refoulement
Both UNHCR and COR stated categorically that the principle of non-refoulement is
respected in Sudan. Neither of them was aware of any cases of refugees being deported to
their country of origin. In cases of expulsion of refugees, Mamadou Balde, Associate
Protection Officer at UNCHR stated that COR stays the proceedings until such time as
UNHCR as able to find a country willing to take the person.

3.12 Position of persons not recognised as refugees
The situation of persons not recognised as refugees, having either been rejected by COR or
simply not having applied for refugee status is regulated by the immigration laws of the
country. Both UNHCR and COR officials pointed out that owning to the size of Sudan and
the general hospitality of the Sudanese, that these individuals were able to live in the country,
for the most part without any problems. It was pointed out to me that the police would
occasionally pick up foreigners, but that this was more the exception than the rule."

Document(s): Open document

05.1974 -

The Regulation of Asylum Act 1974 (full text) ("05.1974 - Regulation of Asylum Act (UNHCR Refleg)") [ID 12164]

"This is the official text as published in the Democratic Republic of the Sudan Gazette No. 1162 dated 15 June 1974, pages 183-186.

Table of Contents
1. Title and commencement.
2. Definition.
3. Commissioner and registrars of refugees.
4. The keeping of registers.
5. Granting permission of asylum.
6. Presentation of the matter of asylum.
7. Priority of application of treaties
8. Registration of movables.
9. Ownership of lands and immovables.
10. Detention of the refugee and his subjection to the laws and prevention of political activity.
11. Expulsion refugees.
12. Issue of passports to refugees.
13. Identity Cards.
14. Permission for refugees to work.
15. Regulations."

Document(s): 05.1974 - Regulation of Asylum Act (UNHCR Refleg)