235/00 Curtis Francis Doebbler / Sudan
Summary of Alleged Facts
1. The Complainant represents 14,000 Ethiopian refugees who fled Ethiopia prior to 1991 during the
Mengistu regime and lived in Sudan and were a subject of forced repatriation pursuant to a decision
adopted by the Respondent State and the United Nations High Commissioner for Refugees (UNHCR) in
September 1999. The Complainant states that during the 1980s and early 1990s an estimated 80,000
Ethiopians entered Sudan fleeing from persecution and from events disturbing public order in Ethiopia.
2. The Complainant alleges that the current Government in Ethiopia was formed by officials of the Tigrayan
People's Liberation Front (TPLF) party, who were allies with the Ethiopian People's Revolutionary Party
(EPRF) during the struggle against the Mengistu regime. The supporters of the EPRP are allegedly the
main target of repression by the Ethiopian government throughout the country.
3. The Complainant alleges that all Ethiopian refugees in Sudan were previously granted asylum by the
Government of Sudan in accordance with its international obligations. The United Nations High
Commissioner for Refugees, the agency responsible for the protection of refugees worldwide, also
honoured this recognition until September 1999.
4. The Complainant alleges that in September 1999, the Government of Sudan signed an agreement with
the UNHCR to invoke the Cessation Clauses Article 1(C) (5)
× This Convention shall cease to apply to any person falling under the terms of section A if: He can no
longer, because the circumstances in connection with which he has been recognised as a refugee have
ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality;
Provided that this paragraph shall not apply to a refugee falling under section A(1) of this article who is able
to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the
protection of the country of nationality; http://www.unhcr.org/3b66c2aa10.html accessed 25.10.2010
of the 1951 UN Convention Relating to the Status of Refugees with effect from 1st March 2000.
5. The Complainant alleges that by this agreement, Ethiopian refugees in Sudan would lose their right to
work or receive any social assistance as a way of coercing them into forced repatriation back to Ethiopia.
6. The Complainant states that in February 2000, a notice was posted on the door of the UNHCR
compound in Khartoum, Sudan, entitled "Information Announcement to the Ethiopian Refugees in
Sudan"and stated in part:
The Government of Sudan represented by the Commission for Refugees (COR) and the United Nations
High Commissioner for Refugees (UNHCR) would like to inform all Ethiopian Refugees in Sudan of the
following:
All Ethiopian Refugees outside Ethiopia after 1st March 2000 will lose their legal refugee status. This means
all the legal rights granted by international, regional and local regulations which guarantee refugees status
or condition as stipulated in the 1951 Geneva convention generally governing that status and treatment of
refugees etc..., the legal status in respect of resolving individual cases and the right to appear before the
courts etc..., the right to acquire employment and the guarantees, the issue of comprehensive guidance
and supply of shelter, health and treatment, education, food, social security, etc ...and in conclusion, the
various administrative assistance, and permits like travel permits, employment permits, driving licences,
identity cards, residence and travel documents for travelling abroad and commercial licences etc...; all will
cease to exist forthwith. ... In light of this new situation, any Ethiopian refugee who decides to remain in the
Sudan after 1st March 2000 will bear full responsibility of the consequences which may follow as the result
of the forfeiture of his entitlements which he used to enjoy as a refugee before 1st March 2000. ... To avoid
unnecessary problems, which will occur as a result of your illegal stay in the Sudan after 1st March 2000,
we request you to seriously consider the circumstances which will assist you in taking a reasonable
decision to guarantee your safety and that of the future of your family.
7. The Complainant states that although the Government had only agreed to withdraw refugee status,
dozens of refugees reported that the UNHCR informed them that they would be deported after 1st March
2000 and that any benefits that they were receiving would cease. Furthermore, some of the refugees were
arrested, beaten, and further mistreated as a consequence of their protests against their involuntary
repatriation.
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