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Doebbler v Sudan (Communication 235 of 2000)

African Commission on Human and Peoples' Rights · [2009] ACHPR 103 (25 November 2009) · 2009 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission on Human and Peoples' Rights alleging violations of the African Charter arising from threatened forced repatriation of Ethiopian refugees
Decision
Communication dismissed — alleged violations not proved

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission found that the allegations of violations of Articles 4, 5, 6, 7, 12(3), (4) and (5) of the African Charter were not proved. The Commission held that the communication was filed in anticipation of violations which did not materialise after implementation of the Cessation Clause. The evidence showed that thousands of refugees repatriated voluntarily under tripartite arrangements, while those who remained were accorded refugee status or granted residence permits. No concrete evidence of forced repatriation, imprisonment, or denial of basic necessities was established.

Outcome

Communication dismissed — alleged violations not proved

Facts

The Complainant represented 14,000 Ethiopian refugees who fled Ethiopia before 1991 during the Mengistu regime and lived in Sudan. In September 1999, Sudan and UNHCR signed an agreement to invoke the Cessation Clause under the 1951 UN Refugees Convention, effective 1 March 2000, which would terminate refugee status and associated rights. A notice was posted in February 2000 warning refugees they would lose legal status, work rights, and social assistance. The Complainant alleged refugees faced forced repatriation, arrest, and mistreatment. Sudan and UNHCR postponed implementation during the Ethiopia-Eritrea war and concluded a tripartite agreement in August 2000 providing for voluntary repatriation with UNHCR assistance and a screening process for those with continuing protection needs. Sudan submitted that 10,000 refugees returned voluntarily, 282 were granted continued protection, and over 7,000 were issued residence permits by June 2001.

Issues

  1. Whether the Respondent State violated Articles 4, 5, 6, 7, 12(3), (4) and (5) of the African Charter by threatening forced repatriation of Ethiopian refugees following invocation of the Cessation Clause.
  2. Whether the requirement to exhaust local remedies applied where refugees were in a vulnerable position, denied legal representation, and feared deportation.
  3. Whether the application of the Cessation Clause under Article 1(C)(5) of the 1951 UN Refugees Convention amounted to refoulement in violation of the African Charter.
  4. Whether the screening and repatriation procedures provided adequate due process protections to the refugees.

Orders

  • The African Commission finds that the allegations concerning violations of Articles 4, 5, 6, 7, 12(3), (4) and (5) of the African Charter have not been proved.

Rules and key headnotes

Exhaustion of Local Remedies — Exception for Vulnerable Refugees
Where violations involve many victims who are refugees in an extremely vulnerable position, lacking adequate means to seek legal representation and fearing deportation, it is neither practical nor desirable to require exhaustion of local remedies in every case.
Burden of Proof — Exhaustion of Local Remedies
When a Respondent State raises the defence of non-exhaustion of local remedies, it must discharge the burden by demonstrating the existence of such remedies and proving that they are effective, accessible in theory and practice, and offer reasonable prospects of success.
Cessation Clause — Relationship with Non-Refoulement
The Cessation Clause under Article 1(C)(5) of the 1951 UN Refugees Convention brings refugee status to an end when circumstances which caused a person to assume refugee status cease to exist, but does not apply when compelling reasons arising out of previous persecution force a person to refuse the protection of their country. The mere execution of an agreement to apply the Cessation Clause and posting of notice does not constitute refoulement.
Complementarity of Refugee Conventions
The 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa is a regional complement to the 1951 UN Refugees Convention. The provisions of the African Charter, the OAU Convention, and the UN Convention are complementary to each other and should be read together, not as mutually exclusive instruments.
Proof of Violations — Anticipatory Communications
A communication filed in anticipation of violations which do not materialise after implementation of the challenged measures will not succeed. Concrete evidence of actual violations is required; allegations of feared future violations are insufficient where subsequent events demonstrate that adequate protections were provided.

Legislation cited (16)

  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 12(3)
  • African Charter on Human and Peoples' Rights Article 12(4)
  • African Charter on Human and Peoples' Rights Article 12(5)
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 60
  • 1951 UN Convention Relating to the Status of Refugees Article 1(C)(5)
  • 1951 UN Convention Relating to the Status of Refugees Article 33(1)
  • 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa Article 1
  • 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa Article 2(3)
  • 1996 Code of Administrative Courts (Sudan) Article 20
  • Vienna Convention on the Law of Treaties Article 30(3)

Cases cited (15)

  • Amnesty International v Sudan (Communications 48/90, 50/91, 52/91, 89/93)
  • Law Office of Ghazi Suleiman v Sudan (Communication 228/99)
  • Social and Economic Rights Action Group v Nigeria (Communication 155/96)
  • Rencontre africaine pour la défense des droits de l'Homme v Zambia (Communication 71/92)
  • Velasquez Rodriguez Case, Ser. C, No.4 (29th July 1988)
  • Godinez Cruz Case, Ser. C, No.5 (20th January 1999)
  • Loayza Tamayo Case, Preliminary Objections, Ser. C, No. 25 (31st January 1996)
  • Famara Kone v Senegal (Communication 386/1989)
  • Akdivar v. Turkey
  • Commission nationale des droits de l'Homme et des libertés v Chad (Communication 74/92)
  • Ibrahim Yusif Habani et al v. Government of Sudan, Case No. MD/GD/1/2000 (unreported, 8th March 2000)
  • Amal Aba al-Ajab v. Government of Sudan, Case No. MD/GD/8/99, Judgment of 10th August 1999 (unreported)
  • Abdelraham, et al, v. Sudan, Case No. 7/98 of 13th August 1998
  • Free Legal Assistance Group v Zaire (Communications 25/89, 47/90, 56/91, 100/93)
  • Malawi African Association v Mauritania (Communications 54/91, 61/91, 98/93, 164/97, 196/97, 210/98)

Full judgment

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Doebbler v Sudan (Communication 235 of 2000) [2009] ACHPR 103 (25 November 2009)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.