Complainants could not agree with the offers that the Respondent State has tabled
for the amicable settlement. The offers that the Respondent State placed before the
Complainants include fast-tracking the process through which Ms lman Hassan
Benjamin can get her ID [within two month time]; and finalising the already started
comprehensive legal reform process with a view to amend various laws to make
them compatible with treaties that the Republic of the Sudan is a party to.
5. However; the Complainants were not satisfied with the offers that the Respondent
State proposed. Particularly, the Complainants raised the following issues as a
bone of contention:
i.
The Complainants are of the opinion that two months is too long to provide
an ID for MS lman since such process, under normal circumstances, should
not take more than 3 days. Hence, the Complainants proposed this to be
done within weeks, and not months, which was not agreed to by the
Respondent state;
ii.
The Complainants have stated that lman has paid school fees for 5 years
because she did not hold Sudanese nationality, hence the Complainants
have asked for the reimbursement of those fees, which the Respondent
State did not agree with; and
iii.
Regarding the legal reform, the Complainants requested that the reforms
should remove the impediments under the 1994 Nationality Act as amended
in 2011 which prescribes for the automatic withdrawal of someone's
nationality. Though the Respondent State submits that it is undertaking
general and comprehensive legal reforms, it is the view of the Complainants
that the proposal on legal reform made by the Respondent State was vague.
6. Considering the above, the Committee notes that no agreement has been reached
between the parties. Therefore according to Section XIII (2) (4) (b) of the Revised
Communication Guidelines, the Committee terminated its facilitation of an amicable
settlement as no agreement was reached.
II.
Summary of Alleged Facts
10 The Complainants allege that Ms. Iman Hassan Benjamin, who currently resides in
Sudan was born on 5 September 1994 in Sudan to Ms. Hawa Ibrahim Abd ai-Karim
and Mr. Hassan Benjamin Daoud who were married on 5 April 1980. The marriage
was conducted by the sharia ma'zoun [notary] of ai-Hasaheesa town, AI-Jazeera
state, Sudan.
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