You are :
1/6/2002
|
Home »» Reports
|
Sudanese refugee swings between Interior's violence and UNHCR protection
EOHR's report on (29 / 12 / 2005) crucial events
|
14/1/2006
Introduction
The Sudanese Refugees staying in Egypt, get into a sit-in before United Nations High Commissioner for Refugees (UNHCR) in Cairo, in which they were dreaming for a better future, then awakened via the terrible assault held in Thursday (29/12/2005), in which security forces attacked their residence and they dispersed the crowd using excessive force; the refugees were assaulted via sticks and hoses, the events ended with the death of not less than twenty-nine and many injured; including women and children, on the other hand the Egyptian security forces also were injured. N.B. the government must identify accurate statistics on the collective number of all victims in details, in which the statistics declared, determine different variations to all (dead, arrested and absents).
In late terms, after the rising of the incident and the consequences which disclosed the censure of local, regional and international authorities, each hand related to the incident; the Egyptian Government, the Sudanese Government, or UNHCR office in Cairo denied their responsibility, in which the Interior Ministry declared that the attack was held on three proposals of UNHCR, against the refugees sit-in, for their security, but it didn't mean the use of violence or assault.
On this pretext, the UN Secretary-General (Kofy Annan) stated 'the assault done against the refugees was unjustified due to the excessive use of violence', in which the Egyptian Interior Ministry rapidly declared UNHCR's demand to disperse the crowd by force. One of the victims declared his testimonial stating (during their dispersion, the leader of security forces admitted that UNHCR discarded their protection).
Accordingly, the Egyptian Government became the principal defendant in the incident, in which it was the authority which carried out the assault act, despite UNHCR discarding responsibility towards the refugees, and the pledge to evict them via the Egyptian lands to a third country, escaping from wars, struggles and poverty in Sudan, but the Egyptian Government is blamed due to security forces' unjustified violence to disperse Sudanese refugees sit-in, and the Interior Ministry's neglect to the necessary procedures have to be done (since September 2005), via pushing UNHCR to grant the refugees demands, though the crisis widened due to the lack of a basic strategy to solve problems and to pacify all.
In consequence, the spokes man of Al-Khartoom Government (Ahmed Kharty), the Sudanese Foreign Affairs Minister; declared 'the Sudanese Government regret the death of its citizens and stated that Sudan gates is open to gather all Sudanese refugees abroad, especially after the stability of the state policy', he added 'the Egyptian security forces intrusion was a national duty, and months earlier the Egyptian Government contacted the refugees and international organizations to solve their problems and it gave them pledges of re-settlements in a third country'.
The Sudanese Minister also praised the Egyptian authorities, declaring that the refugees were protected by the government and the contacts between international organizations for re-settlement, but the refugees insisted on their rights, despite the pressure on international institutions, and the crisis took longer, in light of the complaints of the inhabitants settled in the area witnessed the sit-in.
In light of the final crisis, the Sudanese refugee was considered a victim to both UNHCR and the Sudanese Government, also Al-Khartoom disastrous emergencies have a negative effect on its citizens, for instance the geographic emergencies; (draught, earthquakes, famine and floods) or the emergencies held by people; (Occupation, civil wars, military overthrow, and the state's adoption to unlawful doctrines), these drawbacks became a stimulant for Sudanese citizens to escape away from the bad conditions, though they decided to travel to a foreign country as being refugees, in which this is their last retreat to have a peaceful life. On the contrary, the situation became not much better outside their country, in which they were ignored by UNHCR office that didn't solve their problems.
The Egyptian Organization for Human Rights (EOHR)'s report entitled 'Sudanese refugee swings between Interior's violence and UNHCR protection', states the crisis incidents, some witnessed testimonials, a legal background on the refugee's status in the Egyptian Constitution and international human rights instruments, the way UNHCR dealt with the situation of Sudanese refugees -in Cairo- in particular and the status of refugees generally, also statistics state the status and population of refugees in Egypt, and finally the report ends with the recommendations of the Egyptian Government, UNHCR office and the Sudanese Government.
Moreover, the report also determines a schedule of the names' list of the dead, arrested and absents, the testimonial of the American University British researcher on the incident of dispersion, a copy of EOHR's statements and releases - to both Interior and Foreign Affairs Ministry - carry the details of the incident, another copy of the president of the Republic decree, on the approval of the decision held to establish an administration office for the refugees in the Egyptian Interior Ministry, also a copy of the convention held between Egyptian Foreign Affairs Ministry and UNHCR for executing 1951 Refugee Convention. Finally the report ends with a statistical schedule of the population of refugees settled until April 2004.
First: the Crisis incidents and testimonials
The crisis started on (29 /9 /2005), the Sudanese refugees staying in Egypt, get into an open sit-in before UNHCR office in Mohandiseen, waiting for a reply for their demands which are:
1) Disapproval to voluntary return;
2) Disapproval to local merging;
3) Disapproval to arrests, without a legal condemnation;
4) Disapproval to UNHCR ill principles in dealing with Sudanese refugees;
5) Denying discrimination between the Sudanese refugees;
6) Re-bringing up to Sudanese refugees' closed files;
7) Dealing with the refugees as individuals not groups;
8) Stop delegating organisations as spokes-men to refugees and spreading UNHCR statements of re-settlement and local merging;
9) Denying practicing laws of the (Four Freedoms Convention) on the Sudanese refugees;
10) Spokesmen of the National Sudanese Conference held in Cairo (the Ruling Party in Sudan) had to protect the Sudanese refugees;
11) Immediate registration for the refugees' settlements;
12) Investigate in the incident of the absent Sudanese refugees;
13) Retreating the armed forces of UNHCR;
14) Replying for the refugees' demands without discrimination;
15 Giving security forces instructions, to adopt the laws and respect refugees' rights;
16) Giving women, children and elders without households, security and protection;
17) Receiving all the refugees' problems;
18) Dealing with the refugees in a respectable manner;
19) Executing the necessary procedures for refugees' settlements and pro-settlements and re-bringing up their closed files;
20) Finding out the superb solution for all Sudanese refugees including re-settlement to a third country.
Later after declaring the previous demands, a meeting was convened between five refugees' leaders and UNHCR officials, but it didn't maintain any progress to the situation. To solve the complication, negotiations was held by human rights organizations concerned with the refugees' status on (26/10/2005), but they didn't achieve any progress for the second time, then after several attempts, UNHCR declared on (17 / 12 /2005) its willingness to reply for their demands and convene meetings every month to check up their status.
Despite UNHCR promises declared - which they fear not to maintain it, because of the lack of a duration schedule -, they demand a long extension to convince refugees with their solution, in which the long term sit-in may cause negative consequences causing an unexpected disaster, the situation then became more complicated in which the refugees refused the declared solution, which enforced representative negotiators to convince the Sudanese to finish the sit-in peacefully.
Moreover, refugees' leaders demanded an extension to convince their colleagues to leave the place. To deny its responsibility on any attack may happen in a couple of days, UNHCR then issued a statement stating refugees leaders' failure to negotiate with the majority opposition.
On Thursday (29 /12 /2005) at 7 pm, security forces started to circle the area with ironed partition and armed security forces, in relation to the procedures held, one of the refugees declared a testimonial to EOHR stating 'the officer who was daily standing near their residence, declared that the Muslims are holding an assembly and the circling is done to curb demonstrations'.
The testimonials reported to EOHR by the witnesses (Lora Maxwill), the researcher in Refugee Affairs in the American University in Cairo (AUC) and (Khaled Abdel Hamid); another researcher, declared that the area witnessed the crisis, was surrounded by six thousands military armed forces; At 12:30 pm, some officers held talks with refugees' leaders to convince them to leave the place and mount the buses waiting outside, but they refused stating that they will be sent to a place unknown, in addition to their fear for their wives and children.
At 2 am Friday morning, forces started to fire water pipes in the area for two hours, until the whole it was wholly drained, an officer then tried to convince them again to leave the place to avoid violence, immediately the military forces and some officers with (civil clothes and naked foots) started executing the orders.
The assault started at 4:30 am or 5 am, using sticks and armours in a chaotic manner, while refugees didn't respond, each two or three soldiers trailed along one person, some injured and others fainted, while forces still continuing their attack, even the ones surrender weren't rescued.
All victims were caned in buses and the injured were left on the side of the road street, in which the attackers didn't bring the Ambulance. Additionally, refugees' children were canned in buses away from their parents' and they were lodged in places away also from their parents' resident, the witnesses also denied the official report that falsely declared that the Ambulance came quickly.
Accordingly, the testimonials declared that (only two officers were injured, one was limping and the other was bandaging his head. Victims were taken to Central Security Camp in Dahshour, Reform Prison in Tora and Central Security Camp in Manshiat Nasser).
Additionally, EOHR's fact-finding mission lawyers went to the Public Prosecution, where the General-Counsel of North Giza Prosecutions declared the following 'the arrested victims were transferred to the police station, and the dead victims exceeded more than twenty persons'. Also the administration of the three hospitals in Imbaba, (Al-Tahrir - Al-Mowazafeen and Imbaba Al-Aam), gathering the injured, refused giving any information, in addition to denying the whole issue.
Despite the prosecution's declaration, EOHR's lawyers also found out that the leader of military forces had registered a record, accusing refugees for attacking the forces whom were ordered to disperse the sit-in and attacking some officers. The record was registered on (30 /12 / 2005), no. 9975 (Dokki Police Station). On the contrary, human rights associations work for refugees' conditions in Egypt registered a record, presented to the chair of Dokki Prosecution, denying the military forces' violations and demand immediate investigation.
During EOHR's fact-finding mission visit to Zeinhom Morgue, received testimonials declaring that the dead exceeded more than fifty persons, but in other terms, the head spokesmen for refugees - settled in (Al-Sakakini Catholic Church) -carried statistics on the population of victims and absents whom were in Al-Mohandiseen massacre, finally the statistics end with 156 Sudanese victims died by the second of January 2006, and they were distributed in the following places:
- Al-Sanabel Hospital ( twenty-eight corpses);
- Zeinhom Morgue (seventy-four corpses);
- Ambulance (forty corpses);
- Imbaba Hospital (one corpse);
- The Sixth of October Hospital (thirteen corpses).
In light of the Government's inaccurate statistics, its ambiguous declarations and the insistence on declaring the inaccurate numbers of victims, which contradict with the statistics determined by the spokesmen of refugees' delegate declaring (400 corpses), this confusing condition, prevent us from stating the victims accurate numbers, though as mentioned before, state officials have to check-up the accurate numbers of victims.
While the other victims detained in Dokki Police Station, witnessing an ambiguous destiny, the detainees settled in security camps were released, according to some testimonials, while the rest were transferred to Al-Qanater and Al-Qetta Prisons in Al-Monofia Governorate.
In light of the repeated scenario of inaccuracy and the Government's attempts to disclose the real numbers of victims declared by refugees' leaders (staying in Al-Sakakini Church), on Tuesday (3/1/2006) forces circling the church dismissed the refugees gathered inside to ask for their missing relatives.
On the 25th of August 2004, The Sudanese refugees' case in Egypt witnessed some drawbacks, in which three thousands Sudanese refugees gathered before UNHCR office, to declare their disapproval to the latter's decree of freezing the negotiations with the Sudanese refugees in particular, UNHCR hopes that Sudanese Government negotiations - in light of signing Mashakos Protocol - may find peace between the North Government and the South Local Movement.
In addition, negotiations were done also between Non-Governmental Organizations concerned with refugees' issues and UNHCR office in Cairo, but there was no progress, until refugees demonstrated against UNHCR leading violent clashes with security forces and the fight resulted injuries to both sides. In consequence, twenty-two were detained for 25 days, subjected to ill treatment by police officers in Dokki Police station.
The discriminative scenario continuing, in which the Egyptian Authority violated their right to protection via the Sudanese Embassy, the officers threatening them - in their detention - saying that neither security apparatus nor UNHCR could protect them, the authority also checked up the detained victims' names and addresses, responding to this act, refugees changed their home addresses fearing from any assault.
Later the arrested were released on (21 / 9 / 2004), after the Prosecution was convinced that the detained were randomly arrested, confirming that many have no relation with the others' demands, and they were just finishing their papers of displacement to Australia and Canada, in which the Government feels anxious towards its crucial situation with human rights' associations critical campaigns.
Previously, on the 28th of January 2003, Egyptian forces arrested two hundred- fifty persons from African origins from the streets of Al-Maady and Al-Basateen, The arrest campaign witnessed all sorts of racial discriminative violations according to the victims' testimonials.
The Egyptian Authority practiced severe discriminative acts against Africans, in which they were transferred to Al-Maady Police Station; they were gathered in the station's garden - because the station's cell can't afford their large number - in which they were left without shelter in the cold of January nights, until the international human right organizations criticised the Egyptian Government's dehumanization, and the racist attitude towards Africans in particular, then after UNHCR's negotiations with Interior Minister's office, they transferred them to Al-Tahrir Council and they were released after three days.
Second: Refugee according to the Egyptian Constitution and international human rights instruments
Article 53 of the Constitution which ascended refugees' right for political shelter, whom were discriminated in their homeland, is considered a defence for peoples' beneficiaries, human rights, peace, justice and to eliminate the political refugee from being arrested, in which it stipulates the following 'the state is obliged to provide protection and shelter for all discriminative foreigners whom are fighting for the welfare of peoples, humanitarian rights, peace and justice, adding that abusing political refugees is unlawful'.
More articles related to the previous, declared via international human rights instruments
a) Article 14 of Global Declaration for Human Rights;
b) Article 12, Clause 3 of African Covenant for Human Rights;
c) Article 23 of Arab Covenant for Human Rights.
Accordingly, the Egyptian Government is obliged to protect and give shelter to refugees, according to 1951 Refugee Convention (within refugees' issues); in which Egypt had prepared its draft file (it was pronounced in 1980), and it is considered an important tool in internal Egyptian Code, according to Article 151.
On one hand, the Government disapproved on five items stating the following rights: right for Egyptian nationality, right to work, right to free education, social insurance and right to nutrition. While on the other hand, Sudanese refugees in Egypt suffer from discrimination in all life' manners, [housing, livelihood, treatment, education and work], besides being discriminated in jobs lacks profitable salary.
While on the other hand, the Egyptian Government gave UNHCR the green light to give the refugees shelter and protection, according to its adopted regime and the covenant between the Egyptian Government and the Commissioner convened in February [1954].
Third: UNHCR's act towards Sudanese refugees' crisis
*Background on UNHCR establishment and goals:
UNHCR was established in 1951, to help refugees having international shelter. While the principal role is to guarantee a secured place for people who needs shelter in a foreign country, and to have the choice to return to their country.
Also its important goal is to encourage the Government to adopt and practice just laws for immigration without discrimination. In the very beginning of the Commissioner's establishment, [housing and nutrition rights] was granted by the countries that donate right to shelter. The fact that most of collective shelter cases are witnessed in Developing Countries, this leads UNHCR to give grants for the staying refugees and dispersed, also finding regular solutions for their problems.
It is obvious that UNHCR role towards the refugees' file in Egypt lacks certain steps or principles for refugees' re-settlement, in which it makes refugees' case ambiguous and forwarded in very slow steps, adding to that, UNHCR freed its hand from refugees' health protection, it also issued reports staring that the road now is open for refugees to return to their country, Moreover until the year 2002, the Commissioner adopted the process of manipulating with the refugees' procedures - for three years sometimes- without giving any right answer. The manipulations affect negatively on the refugees' status, in which they suffer from endless fear of instability, the difficulty to maintain a stable life, the ambiguous situation concerning their illegality stay, leading to dispersion from the country, and finally, they are deprived from education, in light of the Government's restrictions on five terms in 1951 Convention for refugees.
The main principle hindrance affected the deteriorated status of Sudanese refugees in Egypt, is managed via UNHCR's bureaucracy and lack of financial resources, in which thousands of refugees were discarded from having a temporary residence, to be legally protected, also lack of the Commissioner's support leads to the detention in police stations and being driven out.
Additionally, the two main instruments violating refugees' right to personal security and legal protection are security apparatus' ignorance to their status and UNHCR's bureaucracy. Despite the efforts done to release detainees, it may also take a long period (may exceed many years) to answer their demands or even schedule a meeting to decide their status, finally they receive nothing and the file is closed. In spite of the Government's decree [2001], stating refugees' right to have temporary residence, until now no procedure was made.
Refugees' problem is bigger than being detained or driven out, in which being discarded legally, this leads to their deprivation from their principle rights such as work, health, housing and education, also their subjection to other violations. While Sudanese refugees whom are legally protected, they face also problems such as discarding their right to education, health, housing and a profitable salary. Also the financial problems facing the Commissioner, forced it to lessen annually the grants paid to 20% in [2001], then it declared in [2002] a long schedule of financial grants negations and reductions lessened to 10%. Accordingly, some NGOs in Egypt give legal aids for refugees who need support, but the problem facing refugees is ignoring the location of many associations in Egypt.
Moreover, in the beginning of the crisis, the Sudanese in Egypt criticized UNHCR office's lack of responsibility, they categorizing Sudanese (South Sudan -Darfurians -East Sudan), which violates their official definition in the international law, in which it has issued a report declaring that the opposed refugees categorized southerners, while the other majority lacks the asylum document, stating that not all Sudanese refugees registered in their office, and that its sole responsibility is for refugees - needed a political asylum - whom are legally registered.
In addition, UNHCR convened meetings with asylum seekers to investigate about reasons of asylum; accepts registration according to1951 Convention, concerned with stating refugee status outside his country, if the refugee's immigration was due to racial discrimination or quarrels between cults. In relation, a yellow card is given, if the citizen is in the road to asylum and another blue one in case of being formally registered, each card gives the refugee the right for legal protection, while cards are renewed every six months and finally the 10 demands presented doesn't exist in UNHCR's domain.
The crisis developed when UNHCR refused Sudanese refugees' demands. While in order to decrease the vehemence of the crisis, UNHCR states that -during the past three month- efforts were made to solve the crisis peacefully, and compensates with refugees victims injured during the dispersion!!
Fourth: Sudanese refugees' conditions and population in Egypt
The population of Sudanese refugees [Year 2004], in Egypt, (according to UNHCR Cairo office's statistics that stopped when it closed its official meetings with refugees since June 2004), is 15365 from 20374 refugees in Egypt, approximately 75% from the total population registered under UNHCR's domain. Also some weren't mentioned in statistics, in which UNHCR ignored their meetings.
The Sudanese refugees in Egypt belong to different regions and tribes in Sudan, and their population increased, immediately after the reversal of the 30th June 1989. On the other hand, immediately after 1983 Civil War, Northern Opposition and many Southerners (Al-Dinka Tribes, Al-Shalok, Al-Zandy and Al-Noba Mountains Tribes) immigrated to Egypt. Also East Sudan citizens from Al-Bega Tribe; (members of a political party related to Al-Bega Conference) emigrated from their country. Later, since March 2003, Thousands from Darfur region, immigrated to Egypt to escape from the collective murder campaigns and regular robberies managed by armed forces named (Al-Gengweid) from Darfur, with the support of the Sudanese Government.
In 1995, the Sudanese refugees who came to Egypt for asylum, it wasn't necessary in those days to have the Commissioner's acceptance, in which the Sudanese citizens was exempted from registering their right to asylum, but after the attempt made in Addis Ababa [1995] to assassinate President Mubarak, restrictions went over the Sudanese refugees and forced them to bring their permission of asylum, although they will be driven away by force.
According to 1951 Refugee Convention, any foreigner registered as refugee in Egypt has three options which are:
1) Voluntary Return:
In light of the continuous problems stands against Sudan's stability in various fields of life, even after the end of Civil War and signing the peace treaty in January 2005. The basic needs necessary for life in the North doesn't exist such as (education and medical care), the Government also arrest citizens without condoning and the necessary needs are ignorant to the Government, whereas they are stated in terms of (1951 Refugee Convention), though voluntary return is not mentioned totally, while UNHCR urges them to return, but its efforts was useless.
2) State asylum merging:
The fact that refugees could merge in the country of asylum became a difficult matter, in which UNHCR stopped financial aids donated via its executive partner (KARITAS Organization); the donations varies between 150 to 500 Egyptian pounds, gifted according to the family population, medical aids almost ignored, in addition the Egyptian Government disapproved on refugees' work discarding the clause stating refugees' right to work, while on the other hand the Sudanese were exempted from paying (1000 Egyptian Pounds) for work permission, while also foreigners in Egypt rarely could find a work opportunity, in light of the unemployment crisis in Egypt.
3) Re-Settlement to a third foreign state:
In light of the past, the sole choice now for refugees in Egypt, is to be evicted to foreign states such as (Australia, Canada and United States of America) that accept their residence. But since UNHCR started applying African Union Organization Convention -started in March 2003- which states that asylum seekers cases exceeded the ones in [1951 Refugee Convention], due to (natural disasters, civil wars and external intrusion [wholly and partly]), the situation leads to accepting more Sudanese refugees, while according to [1951 Refugee Convention], refugees are forbidden from immigration to a foreign state, though it leads to more acceptance and less immigration. Moreover the countries that approved on immigration started to decrease the immigrants' population; On the other hand, since [June 2004], UNHCR stopped meetings with refugees, in an attempt to practice voluntary return process, though most refugees refused the act.
On this pretext, UNHCR received complaints from political activists in Darfur, for being assaulted physically and threatened to death by Sudanese military forces.
Fifth: Recommendations
The Egyptian Organization for Human Rights (EOHR) condemns the violence used via the Egyptian security apparatus against the Sudanese refugees and criticized the process dealt to solve the situation which lead to worse consequences, though the situation could minimize Egypt's reputation abroad, despite being a state well known for receiving refugees in different countries, in which refugees' population in Egypt is [20374], the majority from Sudan, then other African countries such as Al-Somal, Ethiopia, Syralion and more others, though the incident affect negatively on Egypt's reputation, affected by UNHCR's bureaucracy procedures, in addition to discarding the Sudanese refugees demands since 2005. Though EOHR hopes that historical relations between Egypt and Sudan keep proceeding and not affected by the incident, and it hopes that the title (refugee) could be replaced to (citizen) for Sudanese in Egypt. The title was settled, due to Sudan ill conditions in general.
|
|
|
|
