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1/6/2002
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EOHR Demands Immediate Attack on Sudanese Refugees Investigation
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31/12/2005
The Egyptian Organisation for Human Rights (EOHR) expresses her deepest concerns on Sudanese refugees attack by Egyptian Security Forces (ESF) in which ESF used excessive power to disperse a peaceful sit-in by the refugees. EOHR calls for an immediate investigation.
The Sudanese refugees sat in for almost three months now in front of the United Nations High Commission for Refugees (UNHCR) headquartered at Moustafa Mahmoud Square, Mohandessin. The refugees only asked to be re-inhabited in a foreign country. However, UNHCR froze their demands for an undetermined period following a peace agreement between Sudanese government and Sudan People's Liberation Front (SPLF) and asked the refugees to return back home or to settle in Egypt-which was flatly rejected by the refugees who sat in.
The situation developed when on Friday morning (12/30/2005) ESF intervened in order to end the sit-in using cudgels and hoses to which the refugees retaliated. The result: at least 20 refugees were killed and many, mostly kids, were injured. Some ESF personnel were injured, too.
In this context, EOHR denounces the use of unjustified violence against the Sudanese refugees and asks involved parties to respond as follows:
First: ESF:
(a) ESF should immediately investigate death and unjustified violence incidents. Every one who proves involved in such accidents must be referred to trial before the Egyptian Judiciary who has guaranteed every natural right for legal refugees and secured their lives as long as they are in Egypt;
(b) The Sudanese refugees should not be deported to their home. However, in case they are deported their safe return should be based on an agreement with the Sudanese government;
(c) The Egyptian authorities should house the refugees in camps where all human living conditions are available;
(d) The International Agreement on Refugee Protection (IARP) should be effected through a new law. It is worth mentioning that Egypt was the only Arab country within the preparatory committee that prepared the agreement. Egypt ratified the agreement in 1981. However, such ratification was not followed by a special law for refugees but it is consistent with the Egyptian Constitution that guarantees the Right to Refuge (RR). This only throws light on Egypt's commitment towards refugees against whom the following violations took place:
- Sons and/or daughters of refugees have been unable to join elementary public schools.
- Refugees are being treated as foreigners at work as far as application to work and work licence are concerned in contradiction with IARP that stresses that refugees should not be treated as foreigners and that both refugees and citizens in a hosting country should receive equal pays.
Such violations have resulted in harsh conditions for refugees especially that UNHCR Cairo Office is assigned a low budget.
Consequently, EOHR calls upon the Egyptian government to withdraw all her reservations on IARP such as on the Right to Elementary Education (REE) pertaining to labour and social security laws.
On the other hand, EOHR does call upon the People's Assembly to draft a bill on refugee protection in Egypt and to amend the Unified Labour Law (ULL) 12 (2003) so that a refugee can find a job easily without being discriminated against. This is especially demandable since Egypt has her own reservations on Article 17 of IARP pertaining to paid jobs and Article 18 on self-employment.
EOHR also calls upon the Ministry of Foreign Affairs to reconsider her stance towards the Sudanese refugees and to obtain guarantees from the Sudanese government that she may not persecute any returnee.
Second: UNHCR:
EOHR stresses that UNHCR is to blame for the violence against the Sudanese refugees, that she should re-consider her bureaucratic measures, and that she must not abandon refugees because it is legally bound to secure international protection for refugees within her competence.
This means that UNHCR must compensate victims' relatives and make sure that they obtain necessary protection in case they wanted to return back home. Abandoning them will only leave them subject to involuntary deportation-which violates Involuntary Deportation Principle (IDP) stated within IARP.
EOHR invites all Civil Society organisations and The Egyptian National Council for Human Rights (ENCHR) in cooperation with UNHCR Cairo Office officials to create a fact-finding mission that would visit the Sudanese refugees' camps and listen to their complaints.
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