Egypt: Amera concerned over Sudanese refugees

8 January, 2006
Africa and Middle East Refugees Assistance Statement

A tragic event

The night of 30 December 2005 will be remembered by many. As an organization on the ground with refugees in Cairo, AMERA has seen the direct result of the events of that night on the Sudanese refugee community. It is the responsibility of AMERA and other organizations in Egypt to help the Sudanese refugee community overcome these events and to recover as best as humanly possible.

AMERA can only express its condolence and concern to the families and friends who have lost loved ones. We cannot begin to understand the agony and pain involved accompanying these events, but we hold a deep concern for all involved. AMERA is representing immediate family members of many of those killed and liaising with the UNHCR in order to ensure that their burial wishes are honored. For most, this means transfer of the bodies of loved ones back to Sudan.

Health and related concerns

Immediately after the break-up of the demonstration, there were many individuals in dire need of urgent medical treatment. AMERA staff personally transported individuals all over Cairo, 6 October, and Nasr City to public hospitals to ensure access to treatment and were able to see first hand the extent of injuries suffered. AMERA has continued to provide follow-up medical support and advocacy with regard to other social service needs.

AMERA is providing crisis counseling and has plans for long term mental health support for immediate family members of those who were killed.

Specific legal concerns

AMERA believes that the Four Freedoms Agreement (Agreement) allows any Sudanese citizen to reside in Egypt without a residence permit. Accordingly, we are concerned at the proposed deportation of a reported 654 individuals to Sudan as we do not consider this to be consistent with the terms of the Agreement. The Agreement came into force following ratification and then publication in the Official Gazette in September 2004. Accordingly, all Sudanese asylum-seekers, refugees, and migrants in Egypt are de jure legal residents in the country.

The UNHCR has been given 72 hours to assess the status of those earmarked for deportation. This is not enough time and AMERA requests the UNHCR and the Egyptian government to extend this period. Indeed, AMERA considers that the UNHCR should grant interim protection to all in detention to allow them to be released and a full and proper assessment to be made of each individual’s status.

AMERA believes that the mass expulsion of aliens is illegal in international law and entirely contrary to the principle of non-refoulement. Any expulsion for a criminal offence must be prosecuted on a case-by-case basis with each individual entitled to due criminal process. If any individual is accused of constituting a threat to public order, a court of law is the only entity that can determine that accusation. Each individual must be presumed innocent until proven guilty, as enshrined in all penal codes, Article 14 of International Covenant on Civil and Political Rights (ICCPR), and confirmed by Article 67 of the Egyptian Constitution.

In addition to respecting the international conventions on refugee status, we urge the authorities to uphold the application of Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and not deport those individuals to a country where they will be at risk of torture.

Public information and access to legal representation

While AMERA is anxious about the lack of information on those in detention, we commend the Egyptian government for releasing most documented refugees and allowing the UNHCR access to detention centers. Moreover, we encourage both the UNHCR and the Egyptian authorities to make public any information surrounding the identities and the conditions of those in detention. Critically, we request that they have access to full legal representation.

Furthermore, confident in the independence of the Egyptian judiciary, AMERA acclaims the Attorney General, Mr. Maher Abdel Wahed, for opening-up an investigation into the matter, and encourage him to make a full and public inquiry.

Conclusion

AMERA hopes to be able to continue supporting the entire refugee population in Cairo. These are tragic events which go beyond the Sudanese community. However, our first priority is to assist those in greatest need and in this regard we would like to re-express our condolences to the families, relatives, and friends of those who lost their lives during and after the evacuation process.