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Human Rights Issues

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Source:

Refugees at Kiryandongo rioted and took captive their leaders as they showed opposition to the governments plan to move 10,000 of them to two camps in Yumbe and Arua districts [ID 12698]

06.03.2007 - Source: US Department of State

Overview on protection and situation of refugees in 2006 ("Country Report on Human Rights Practices 2006") [ID 19410]

"The law provides for the granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, but the government has not established a system for providing protection to refugees. In practice the government generally provided protection against refoulement, the forced return of persons to a country where they feared persecution. However, some asylees were returned to their home countries before a formal determination of their status could be made. On May 11, the NISS forced the deportation of four Ethiopians who were seeking asylum in the country. The four refugees were members of the Coalition for Unity and Democracy, an Ethiopian opposition group, and faced prosecution for treason and the death penalty in Ethiopia. Although the immigration office attempted to delay the deportation proceedings, the NISS proceeded with the move before the refugees could be interviewed by UNHCR or the Sudan Commission on Refugees.

Throughout the year, security forces in Khartoum North targeted Ethiopian refugees by raiding their houses, beating them, and using tear gas against them. After an attack on December 11, several Ethiopian refugees barricaded themselves in front of the UNHCR office in Khartoum, where they remained at year's end (see section 1.c.).

The government also granted refugee status or asylum, but there was no standard determination procedure, and government officials reportedly were unresponsive to applications for refugee status.

The government also provided temporary protection to individuals who might not qualify as refugees under the 1951 convention/1967 protocol but no statistics were available for the year.

The government cooperated with the UNHCR and other humanitarian assistance organizations in assisting refugees and asylum seekers.

Child refugees did not receive free primary school education nor were they treated as citizens as required by the 1951 convention. Refugees were vulnerable to arbitrary arrests, harassment, and beatings because applicants did not receive identification cards while awaiting government determination of refugee status. Refugees could not become resident aliens or citizens, regardless of their length of stay. Refugees were not entitled to work permits. "

Document(s): Open document

06.03.2007 - Source: US Department of State

In 2006, some asylum seekers were returned to their home countries before formal determination of their status could be made ("Country Report on Human Rights Practices 2006") [ID 19830]

"The law provides for the granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, but the government has not established a system for providing protection to refugees. In practice the government generally provided protection against refoulement, the forced return of persons to a country where they feared persecution. However, some asylees were returned to their home countries before a formal determination of their status could be made. On May 11, the NISS forced the deportation of four Ethiopians who were seeking asylum in the country. The four refugees were members of the Coalition for Unity and Democracy, an Ethiopian opposition group, and faced prosecution for treason and the death penalty in Ethiopia. Although the immigration office attempted to delay the deportation proceedings, the NISS proceeded with the move before the refugees could be interviewed by UNHCR or the Sudan Commission on Refugees."

Document(s): Open document

06.2006 - Source: US Committee for Refugees and Immigrants

Annual report on the situation of refugees and asylum seekers (reporting period 2005) ("World Refugee Survey 2006") [ID 17205]

Document(s): Open document

08.03.2006 - Source: US Department of State

Protection of Refugees ("Country Report on Human Rights Practices 2005") [#46041][ID 12693]

"The law provides for the granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, but the government has not established a system for providing protection to refugees. In practice the government generally provided protection against refoulement, the forced return of persons to a country where they feared persecution. The government also granted refugee status or asylum, but there was no standard determination procedure, and government officials reportedly were unresponsive to applications for refugee status. The government cooperated with the UNHCR and other humanitarian assistance organizations in assisting refugees and asylum seekers.

According to the UNHCR, there were approximately 145 thousand refugees in the country, primarily from Eritrea, Ethiopia, Chad, Uganda, the Democratic Republic of the Congo, and Somalia. Approximately 110 thousand refugees were in camps, and the rest were scattered in urban areas throughout the country. The government also provided temporary protection to individuals who might not qualify as refugees under the 1951 convention/1967 protocol, but no statistics were available for the year.

Child refugees did not receive free primary school education nor were they treated as citizens as required by the UN convention. Refugees were vulnerable to arbitrary arrests, harassment, and beatings because applicants did not receive identification cards while awaiting government determination of refugee status. Refugees could not become resident aliens or citizens, regardless of their length of stay. Refugees were not entitled to work permits."

Document(s): Open document

10.2003 - Source: UK Home Office

Treatment on Return of Rejected Asylum Seekers ("Country Report - October 2003") [#17341][ID 12694]

"6.150 According to the report of a Danish fact-finding mission to Khartoum in 2001, in general, rejected asylum seekers with proper travel documentation encounter no difficulties when they return to Sudan. Consequently, they are generally treated the same as other returning Sudanese nationals. However, if a Sudanese national has been abroad for more than one year they are required to report to the Sudanese tax authorities on their return. Sudanese nationals who have lived in another country for a considerable period are eligible to pay tax on foreign income for the period spent abroad.

6.151 The Foreign and Commonwealth Office confirmed in a letter dated 5 June 2002 that there is no written decree in force, which states that returning asylum seekers will be arrested, and suffer ill-treatment, upon arrival in Sudan. The letter goes on to state that "there is a general feeling that the government of Sudan is encouraging refugees, immigrants, asylum seekers and opposition members to come back home.""

Document(s): Open document

03.09.2003 - Source: ReliefWeb

The United States terminate a program that gave special status to refugees from Sierra Leone, but extend it for refugees from Burundi and Sudan ("US ends special status for SLeone refugees, extends Burundi, Sudan programs (AFP)") [#15772][ID 12695]

Document(s): Open document

02.09.2003 - Source: Integrated Regional Information Network

Masindi district: 6 people allegedly killed and many more injured when the local authorities started forcibly relocating Sudanese refugees from Kiryandongo camp ("UN "taken by surprise" over refugee relocation") [#15697][ID 12696]

Document(s): Open document

29.08.2003 - Source: ReliefWeb

Report on the Nutrition Situation of Refugees and Displaced Populations for Afghanistan, Angola, Congo, Congo (DR), Cote d'Ivoire, Ethiopia, Liberia, Somalia, Sudan, Uganda ("Report on the Nutrition Situation of Refugees and Displaced Populations (UN Standing Committee on Nutrition)") [#15677][ID 12697]

Document(s): Open document

29.05.2003 - Source: US Committee for Refugees and Immigrants

Annual report on conditions affecting refugees and asylum seekers in 2002 ("World Refugee Survey 2003") [#12978][ID 12699]

Document(s): Open document
Open document

04.2003 - Source: European Council on Refugees and Exiles

Report on the reality of refugee protection in east Africa and the Middle East and protection needs ("Responding to the asylum and access challenge") [#16362][ID 12700]

Document(s): Open document

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

Situation of refugees 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 12701]

"3.1 Background
Sudan has a long tradition of receiving refugees from neighbouring countries. In the past 30
years it has witnessed huge influxes of refugees fleeing from civil wars, ethnic conflicts
droughts and famines. Furthermore, it has also received large numbers of individuals fleeing
persecution in their countries of origin. In 1967 the Commission for Refugees (COR) was
established in order to deal with the refugee problem in the Sudan. The following year
UNHCR opened up a branch office in Sudan and has acted as a counterpart to COR in
matters related to refugees in Sudan.
The refugee population in Sudan can be broadly categorised into those settled in organised
camps and those who have spontaneously settled outside of the camps. It is important to note
in this regard, that the latter group does not receive any assistance in the form of food aid,
shelter and so on. Mubarak Talha, the Head of Protection at COR stated that when refugee
populations arrived in Sudan an attempt was made to settle them in settlements appropriate to
their background. To this end three types of settlements were created namely agricultural
settlements, semi-urban settlements and wage-earning settlements.
3.2 Sudan’s international law obligations in terms of refugees
The government of Sudan is a State Party to the 1951 Refugee Convention as well as the
1967 Protocol. It should be noted that upon ratification, the Sudanese government entered a
reservation to article 26 of the 1951 Convention dealing with freedom of movement.11 Sudan
has also ratified the 1969 OAU Convention.
3.3 Sudanese domestic law applicable to refugees
Domestically, asylum is regulated by the Regulation of Asylum Act 1974.12 This piece of
legislation incorporates the definitions of both the 1951 as well 1969 OAU Conventions and
also sets out the procedures for the granting of asylum in the Sudan. It should also be noted
that article 44 of the Sudanese Constitution 1973, provides for the non-extradition of political
refugees, except as prescribed by law.13 Finally, the Sudanese Nationality Act of 1957 is also
of relevance in so far as it sets out the conditions for acquisition of Sudanese nationality.14
3.4 Statistical information on numbers of refugees
Sudan presently hosts refugees from Chad, the Democratic Republic of Congo, Ethiopia,
Eritrea, Somalia and Uganda. Several thousand Chadian refugees are said to be located in
various areas of Central Sudan. Although the government does not favour local integration,
the majority of these refugees have settled within local communities and are for the most part
self-sufficient. The vast majority of Congolese who entered Sudan in the 1960’s have
returned back to the DRC in a series of repatriation projects. Those remaining behind are
located primarily in Southern Sudan, and include those who arrived in the late 90’s (mainly
women and children) to escape fighting in the DRC. COR and UNHCR has limited access to
these individuals. The bulk of the refugee population in Sudan is composed of Eritrean
refugees who for the most part live in Khartoum as well as in the East of the country. The
vast majority of pre-1991 Ethiopian refugees have been repatriated, with fewer than 300
having been "screened in". To this number, several thousand refugees who fled Ethiopia post
1991 are also to be added. Ethiopians also reside primarily in the East of the country as well
as in Khartoum. Very small numbers of Somali refugees are also said to living in Khartoum
and Fau 5 settlement. Finally, Sudan also hosts a few thousand Ugandans who arrived in the
1970s many of whom are residing in insecure areas in the South and the remainder, who live
in Khartoum. UNHCR is continuing to assist those Ugandans (the so-called residual case
load) wishing to repatriate, but given the insecurity in the northern parts of Uganda,
Mamadou Balde, Associate Protection Officer at UNHCR said that it was not pushing too
hard on the issue of repatriation of this group.
UNHCR maintained that it was not able to provide me exact figures in relation to the
numbers of refugees in Sudan as this information was internal. However, Mamadou Balde,
the Associate Protection Officer at UNHCR stated that there were approximately 300 000
refugees in Sudan, most of whom were Eritreans. He said that there were 90 000 refugees
living in camps and for planning purposes they estimated that there were 218 000 refugees
living in urban areas. He maintained that the government of Sudan claimed that there were up
to 1 million refugees living in Sudan. In relation to refugees in camps, Ahmed Mohamed
Hussein, the Deputy Commissioner for Refugees stated that there were approximately 200
000 refugees living in camps, but that it was difficult to provide accurate information, given
repatriation programmes. No one at COR was able to provide me with exact statistical data as
to number of refugees living outside of camps. In spite of having requested an up to date
breakdown of refugee numbers (which apparently does exist) and in spite of having been
promised this information both while in Sudan as well as on return to Cairo, I was unable
obtain this information."

Document(s): Open document

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

Arab asylum seekers face particular problems ("Report on the Situation of IDPs and Refugees in Northern Sudan: Findings of an exploratory study September 2002 (by Gina Bekker)") [#12484][ID 12702]

"3.13 Particular problems facing Arab asylum seekers in the Sudan
It was pointed out to me by Mamadou Balde, UNHCR Associate Protection Officer that COR
does not recognise Arab asylum seekers. The rationale for this according to him was that the
government viewed these individuals as part of the “Umma Islamia” and therefore not in
need of protection. He stated that UNHCR has been trying to get COR to reconsider its stance
towards Arab asylum seekers. It was noted that if such individuals approached UNHCR and
they met the relevant criteria, UNHCR would attempt to resettle them to a third country.
When I raised this issue with Mubarak Talha, the Head of Protection at COR I was told that
Arabs generally entered Sudan, as nationals in possession of a valid passports and that they
merely intend to use Sudan as a transit point in order to travel to Western countries, which is
why they were not recognised. He pointed out that such persons would not be sent back to
their country of origin, but that COR would send them to UNHCR in order to find them a
country that would be willing to accept them for resettlement."

Document(s): Open document

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 12703]

"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

09.2002 - Source: UN High Commissioner for Refugees

Report focused on refugees (covering the period between 1 January and 30 June) ("Mid - Year Progress Report 2002") [#47502][ID 12704]

Document(s): Open document

06.2002 - Source: US Committee for Refugees and Immigrants

World Refugee Survey 2002 ("World Refugee Survey 2002") [#7404][ID 12705]

Document(s): 02294afr.pdf

2002 - Source: US Committee for Refugees and Immigrants

Updated annual assessment of conditions affecting refugees ("Country report: Sudan") [#7976][ID 12706]

Document(s): Open document

24.09.2001 - Source: US Committee for Refugees and Immigrants

Report focused on humanitarian conditions and human rights ("Mid - year country report: Sudan") [#4173][ID 12707]

Document(s): 02100sud.htm
Open document

03.07.2001 - Source: Integrated Regional Information Network

More than 20,000 refugees from Wad Sherife, Gulsa and Lafa camps in Sudan repatriated ("Eritrea-Sudan: More than 20,000 refugees repatriated") [#2421][ID 12708]

Document(s): 01343erit.htm
Open document

2001 - Source: US Committee for Refugees and Immigrants

Annual assessment of conditions affecting refugees ("Country report: Sudan") [#3025][ID 12709]

Document(s): 01578sud.htm
Open document