OPERATIONAL GUIDANCE NOTE - SUDAN

I. Introduction

The document summarises the general political and human rights situation in the country of origin and provides information on the nature of claims frequently received from nationals of that country and relevant country conditions. It provides guidance on policy where required but does not, in itself, constitute a statement of Home Office policy. The document must be read in conjunction with the country assessment and other information distributed on the country of origin.

Applications for asylum in the United Kingdom are considered in accordance with the UK's obligations under the 1951 UN Convention relating to the Status of Refugees and the 1967 Protocol. All applications for asylum should be considered individually on their merits and, unless the applicants may reasonably be expected to seek asylum in a third country or the Dublin Convention applies, asylum should be granted where the applicant fulfils the criteria in the 1951 UN Convention.

Detailed guidance on assessing an asylum claim is contained in the Asylum Policy Instructions (APIs), chapter 1 section 2. Caseworkers must also familiarise themselves with the Home Office country assessment and its accompanying source material. If a claim for asylum falls to be refused, consideration must be given as to whether a grant of exceptional leave to remain (ELR) is appropriate. As part of this process, human rights issues must also be considered. Further information on the European Convention on Human Rights and Fundamental Freedoms is contained in chapter 5 section 4 of the APIs. Information about the wider criteria for granting and refusing exceptional leave to remain is contained in API chapter 5 section 1.

II. Country Assessment

The following is a brief summary of the present country situation:

The Political System

The information in this paragraph was obtained from Africa South of the Sahara 2002.

The current President of the Republic of Sudan is Lt. Gen. Omar Hassan al-Bashir who took power from the previous democratically elected government in a coup on 30 June 1989. The June 1989 coup removed the previous al-Mahdi regime. Al-Bashir abolished the constitution, the previous regime's National Assembly, all political parties and trade unions. The ruling party is called the National Congress previously known as the National Islamic Front. The Government's cabinet is appointed by the president.

The legislature is the unicameral National Assembly. Members of the National Assembly are elected by popular vote in parliamentary elections every four years. Out of the 360 members of the National Assembly, 270 are directly elected in constituencies, 35 are women representatives, 26 are university graduate representatives and 29 are representatives of the trade unions.

Human Rights Situation

The information in this section has been obtained from the US Department of State 2000 Human Rights Report on Sudan, the UNHCR Background Paper on Refugees and Asylum Seekers from the Sudan (2000) and the US Department of State 2001 Report on International Religious Freedom in Sudan.

III. Common Types of Claims and Categories of Persons Considered to be at Risk of Persecution

Common types of asylum application will involve the applicant claiming to be:

Based on information obtained from the US Department of State 2000 Human Rights Report on Sudan, the Amnesty International 2001 Annual Report on Sudan, the United Nations High Commissioner for Refugees (UNHCR) and various news reports, individuals from the categories listed below are considered to be at risk of persecution at the present time:

IV. General Guidance on Asylum Claims and Country Information Relevant to Asylum Claims

The guidance below should only be taken as general in nature and caseworkers should be aware of the possibility of credible claims for asylum coming from across the whole range of Sudanese applications. In cases, therefore, where there seems to be a credible claim for asylum from a person or group that we would not normally consider having a well founded fear of persecution, caseworkers should consider granting asylum. Cases in which there is satisfactory documentary evidence of nationality, such as a passport, will be rare. Genuine Sudanese applicants should be able to speak Arabic and/or one or more of the native Sudanese languages. They may also speak English as well as Arabic and/or one or more of the native Sudanese languages as English is widely understood. Arabic is the country's official language and is spoken by Sudanese Arabs and other ethnic groups. In total, about half of the population speak Arabic. Genuine Sudanese applicants should be able to identify themselves as being members of specific Sudanese ethnic groups. Applicants should also be expected to demonstrate a good knowledge of their village, town, city or region and/or should know the names of the ethnic groups that live in close proximity to their own ethnic group.

The Civil War

Sudan has been in a state of almost continuous civil war since it became independent from Anglo-Egyptian rule in 1956. The current fighting started in 1983. The conflict is based on the ethnic, religious and political differences between the Arab-dominated Islamic government in the north and an alliance of northern Arab opposition political parties and non-Muslim black African rebels from the south and east. The main rebel group is the Sudan's People Liberation Army (SPLA) led by John Garang. The SPLA is the military arm of the Sudan People's Liberation Movement which is also led by John Garang and is part of the National Democratic Alliance. The fighting is ongoing, small-scale and sporadic and is concentrated in southern Sudan. Rebel forces sometimes make inroads into government-held territory and vice versa.

International diplomatic efforts to resolve the conflict have not been successful to date but are ongoing. The Government controls the northern part of Sudan (roughly two thirds of the country) and the rebels control the southern part (roughly one third of the country).

People who are not actively taking part in the civil war fighting have reportedly suffered from human rights abuses committed by all parties to the conflict, internal displacement and widespread disruptions to food supplies. Human rights abuses in the contested areas in the south include indiscriminate bombings, abductions, enslavement and the arbitrary killings of civilians.

The southern states in Sudan that are currently affected by the civil war are:

Some of the fighting has taken place in Southern Kordofan State including the Nuba Mountains which is not in southern Sudan but borders the civil war zone.

The following questions should always be asked when interviewing someone who claims to be from areas affected by the civil war:

Travelling within the civil war zone in the south is difficult and dangerous due to the ongoing fighting, government roadblocks and checkpoints and poor transport infrastructure. The vast majority of people living in southern Sudan live in poverty and have very poor living conditions. Those that are employed are mostly involved in subsistence activities. It is highly unlikely, therefore, that southern Sudanese people would have the financial means to enable them to travel to the UK -- either legally using conventional methods (valid passport and exit visa with airline tickets) or illegally by using forged documentation and people traffickers. The southern Sudanese who have become displaced as a result of the civil war fighting mostly travel to the north and end up in camps for internally displaced people or flee to neighbouring African countries.

If, however, someone from the area affected by the civil war does provide a credible account, then caseworkers will need to establish that the claimant is from southern Sudan. This will involve asking questions regarding:

Opposition Political Activity

Many asylum claims are based on membership of an opposition political party. All political parties were banned after the 1989 military coup that brought Omar Hassan al-Bashir to power. The 1999 Political Association Act as revised by the 2000 Political Organisational Act lifted the ban on political parties which marked a significant change in government policy. Political parties can now be officially recognised provided they register with the Government. The law, however, imposes the restriction that all new parties must adhere to the ruling party's ideology (a united Islamic Republic of Sudan with Sudanese Arabs as the dominant ethnic group). Members of political parties that are not registered are not legally permitted to engage in political activity in Sudan. The leaders of such political parties are mostly in exile.

Members of registered political parties can be subject to harassment and persecution. For example, leading members of the registered Popular National Congress Party have recently been subject to arbitrary arrests and detentions and meetings have been broken up. This was after the PNC signed a memorandum of understanding with the Sudan People's Liberation Army which led to government allegations that the leader of the PNC had been plotting to overthrow the Government with the SPLA. The leader, Hassan al-Turabi, and leading members of the PNC were arrested in February 2001. The leading members who were arrested were subsequently released several months later but al-Turabi remains under "house arrest".

Many opposition political parties belong to the National Democratic Alliance (NDA) which is an association of northern opposition political parties and southern rebel groups such as the SPLA. Leaders and high profile activists of opposition political parties that belong to the NDA are at a greater risk of persecution than leading members and high profile activists of opposition political parties that do not belong to the NDA.

Some asylum claims are based on membership of the Umma Party. The Umma Party is one of the main opposition political parties in Sudan and is currently pursuing a policy of direct engagement with the Sudanese Government to achieve the political reforms and constitutional changes it wants. The Umma Party was a member of the NDA but left in March 2000. Many exiled Umma Party members have returned to Sudan and the exiled leader - Sadiq al-Mahdi - returned to Sudan in November 2000. This has been with the full approval and knowledge of President al-Bashir. In view of this, members of the Umma Party are not considered to be at risk of persecution at the present time. This is despite the fact the Umma Party remains an unregistered opposition political party.

There is a political party called the Islamic Ummah Party which is registered and allied with the Sudanese Government. As this political party is allied with the Government, its members are not considered to be at risk of persecution. The current chairman is Wali ad-Din al-Hadi al-Mahdi. When considering asylum cases involving Umma Party members, caseworkers must ascertain whether the claimant claims to be a member of the Umma Party or the Islamic Ummah Party.

Being a member of a political party, in itself, would not subject an individual to persecution. Only leaders and high profile activists of opposition political parties are considered to be at risk of persecution with the exception of Umma Party members.

Questioning of those claimants fearing persecution on the basis of membership of opposition political activity should concentrate on:

• What role has the claimant has played in the party?
• Is the party active in Sudan?
• When was the party formed?
• Who is the leader?
• What are the party's main policies, political aims and objectives?
• Is the party a member of the National Democratic Alliance?
• Is the party registered with the Government? If not, how do members meet and take part in political activities?
• Details of incidents of arbitrary arrest and detention including details of beatings and torture if they claim to have been subject to human rights abuses by the security forces
• Does the party produce membership cards, leaflets, circulars or magazines? (If so, has the applicant submitted any of these documents in support of the application?)
• Does the claimant know if the party has an office or representation in the UK comprised of exiled members and, if so, has the claimant made any efforts to contact them?
• Did they manage to obtain an exit visa before leaving Sudan which is legally required for all Sudanese citizens? (If so, this indicates that the security forces would not regard them as a security risk or a threat to the regime)

A list of the main Sudanese political parties is contained in Annex A of the Sudan country assessment.

Asylum Claims from Newspaper Journalists and/or Editors

There have been credible reports of harassment and persecution of newspaper journalists and editors who have written or published newspaper articles highly critical of government policy, government ministers, President al-Bashir and the activities of the security forces. Many journalists have responded to this by practicing self-censorship and do not as a policy publish articles that are critical of the Government. A certain degree of press freedom is allowed and the press are allowed to publish articles on political subjects and can comment on government policy. Caseworkers will have to use their judgement in deciding whether a newspaper article is highly critical of the Government or not. If a copy of the relevant newspaper article (and English translation) have been submitted as documentary evidence in support of an asylum claim, this would help to establish credibility. Otherwise, the claimant should be able to provide information on the date, issue number and name of the newspaper containing the article. The claimant should also know where the newspaper is published (whether it is Khartoum--based, regional or a national newspaper). It may be possible to verify the details. In case of doubt, refer the case to senior caseworkers.

Asylum Claims Based on Ethnicity

Information from the US Department of State 2000 Human Rights Report on Sudan indicates that the country's population is very ethnically diverse. Its population belongs to over 500 Arab and black African ethnic groups who speak many different languages and dialects. The Arab culture and language predominate in the north where the majority of the population are Muslims. In contrast, the population in the south are mostly animists or Christians from black African ethnic groups. The Arab Muslim majority and the Arab-dominated government discriminate against ethnic minorities in almost every aspect of society. Citizens in Arabic-speaking areas who do not speak Arabic experience discrimination in education, employment and other areas. There are inter-ethnic tensions and occasional violent clashes between different ethnic groups but there is no evidence of systematic persecution by one ethnic group against another. There is also no evidence of systematic persecution by the Government's security forces or armed forces against any particular ethnic group.

Some claims are based on ethnicity alone have been received from people of the Massaleit ethnic group. The Massaleit people are a black Muslim ethnic group who live in Western Darfur State in the far north west of Sudan. They are a farming community and have their own language called Massaleit and some speak Arabic as well. Despite being Muslims, they have experienced attacks in the past from Arab militia groups, reportedly with the support of the Government. Information obtained from the UNHCR and the Foreign and Commonwealth Office indicates that there is no current evidence of systematic persecution against the Massaleit based on their ethnicity. In individual cases, however, Massaleit asylum claimants may be able to establish the level of proof required for the grant of asylum.

Some claims have been received from applicants claiming to be members of the Nuba people who live in the Nuba Mountains in central Sudan. The Nuba people are not a specific ethnic group but a composite mixture of people from different black ethnic groups who speak different languages and belong to different religions. The Nuba Mountains are not in the war zone in the south where most of the civil war fighting is taken place but some Nuba people have joined the SPLA and have fought against government forces. The Government suspects that many Nuba people support the SPLA or have sympathies with the SPLA even though they may not be SPLA members as the SPLA have been operating in the Nuba Mountains. The Government, therefore, views the Nuba Mountains area as a legitimate military target as the SPLA have been operating there. There have been numerous reports of bombing raids of the Nuba Mountains by government forces.

The Nuba people have collectively suffered from human rights abuses committed by government forces but this is mainly due to their close proximity to the civil war zone in southern Sudan and the fact that the SPLA have been operating in the Nuba Mountains. Not all Nuba people are considered to be at risk of persecution. The risk of persecution will vary from individual to individual and depend to some extent on what involvement they may have had in anti-government activities, opposition political activities and any connection they may have with the SPLA. Some Nuba cases will be similar to cases from claimants from southern black ethnic groups who have fled the civil war zone and the questions caseworkers should ask them could also be asked of Nuba claimants. Each case involving a Nuba claimant must be examined on its individual merits and guidance should be sought from senior caseworkers if necessary.

Asylum Claims Based on Religion

Some asylum claims received have been based on religion alone. The US State Department 2001 Report on International Religious Freedom in Sudan indicates that the Constitution allows for freedom of religion but the Government restricts the freedom of religion of non-Muslims as Islam is regarded as the state religion. Out of an estimated population of around 30 million, more than 75% of Sudanese are Muslim. Most Muslims are from the various Arab ethnic groups but some are from black ethnic groups such as the Massaleit people. There are religious minorities of Christians and practitioners of traditional indigenous religions who mostly live in the south of the country. Sudanese Christians are from black ethnic groups with the exception of the Coptic Christian minority who originated from Egypt and are classed as a religious minority group.

The influx of 1-2 million southerners displaced by the civil war has brought large communities of practitioners of traditional indigenous religions and Christians to the north of the country. There are well-established communities of Greek Orthodox and Coptic Rite Christians around Khartoum. Approximately 500,000 Coptic Christians live in northern Sudan. The Government is more tolerant towards Christian groups that historically have had a presence in the country such as Coptic Christians, Roman Catholics and Greek Orthodox Christians.

Individual Sudanese Christians may encounter discrimination and harassment but they are largely free to attend church services and worship openly. Christians may be discriminated against when applying for government jobs and can encounter difficulties in obtaining permission to build churches. Some Catholic priests have reported that they have suffered from harassment by the security forces in the form of arbitrary stops in the street and detentions but such detentions are of a limited duration as being a practicing Christian is not illegal. What discrimination and harassment Christians may encounter is not tantamount to persecution. There may be individual cases involving Sudanese Christians, however, where there is credible evidence of past persecution and in such cases the grant of asylum should be considered.

Military Service and the Popular Defence Force

Many asylum claims are based on army desertion or military service evasion and therefore it is important for caseworkers to have some background knowledge of military service regulations. The information on military service has been obtained from the Danish Immigration Service 2000 report entitled Human Rights Situation in Sudan and the Position of Sudanese Nationals in Egypt, the Foreign and Commonwealth Office and Refusing to Bear Arms published in 1998 by War Resisters' International.

The law governing military service is the National Service Act 1992 which makes national service compulsory for all males aged between 18 and 33. The right to conscientious objection is not legally recognised. National service does not always entail military service but those called up have no choice as to what kind of national service they do. Persons called for national service must serve in one of the following:

National service in the regular army lasts for two years. The penalty for refusing to perform military service is a fine and up to three years imprisonment but in practice a deserter from the army on being arrested by the authorities will usually be re-conscripted into the armed forces. There is no evidence to indicate that army deserters/military service evaders are routinely tortured or ill-treated but this may be the case in individual cases. Recruits are drawn from the Christian minority in the south and those living in the north as well as the Arab majority population in the north. Certain categories of people are exempt from national service. These categories of people are:

The Popular Defence Force (PDF) was set up by the Government as a militia force attached to the regular army. The PDF could, therefore, be regarded as a state agent and it is therefore not credible to expect persons claiming to be harassed or persecuted by PDF forces to seek protection from government security forces. PDF training involves military training, civil defence training and patriotic and cultural education. Some members of the PDF are sent to the south to fight in the civil war alongside soldiers in the regular army.

[For more information on military service, refer to the Military Service and the Popular Defence Force section of the Sudan country assessment]

Returns

Failed Sudanese asylum applicants can be returned to Sudan but only to Khartoum which is the capital city and is in the north of the country. It is not considered safe to return Sudanese nationals directly to the south of the country as the ongoing fighting in the civil war is concentrated in the south. There is no internal flight option available to facilitate the movement of people from Khartoum to the south and vice versa.

Granting of ELR

There is no countrywide exceptional leave to remain (ELR) policy in operation in respect of Sudan. Specific guidance on the granting of ELR cannot be given mainly due to the complex and changeable country situation and the complex and diverse asylum cases that are received. Caseworkers, therefore, will have to use their own judgement and discretion with reference to senior caseworkers if necessary.

Country Information and Policy Unit
Asylum and Appeals Policy Directorate