Upper Tribunal (Immigration and asylum chamber), 2020-09-01, [2020] UKUT 269 (IAC) (KAM (Nuba – return) (CG))
| Jurisdiction | UK Non-devolved |
| Judge | Mr C M G Ockelton, Vice President, Upper Tribunal Judge Grubb |
| Status | Reported |
| Date | 01 September 2020 |
| Published date | 15 September 2020 |
| Hearing Date | 05 December 2019 |
| Court | Upper Tribunal (Immigration and Asylum Chamber) |
| Subject Matter | Nuba – return) (CG |
| Appeal Number | [2020] UKUT 269 (IAC) |
Upper Tribunal
(Immigration and Asylum Chamber)
KAM (Nuba – return) Sudan CG [2020] UKUT 00269 (IAC)
THE IMMIGRATION ACTS
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Heard at Cardiff Civil and Family Justice Centre and Field House |
Decision & Reasons Promulgated |
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On 31 May and 1 June 2018; 30 August 2018; 24 and 25 October 2019; final written submissions completed on 5 December 2019 |
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Before
MR C M G OCKELTON, VICE PRESIDENT
UPPER TRIBUNAL JUDGE GRUBB
Between
k A m
(ANONYMITY DIRECTION made)
Appellant
And
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: Mr C Jacobs, instructed by Albany Solicitors
For the Respondent: Mr C Thomann, instructed by the Government Legal Department
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An individual of Nuba ethnicity is not at real risk of persecution or serious ill-treatment on return to Sudan (whether in the Nuba Mountains, Greater Khartoum or Khartoum International Airport) simply because of their ethnicity.
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A returning failed asylum-seeker (including of Nuba ethnicity) is not at real risk of persecution or serious ill-treatment at the airport simply on account of being a failed asylum-seeker.
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Prior to the political developments in 2019, individuals who were at risk on return (whether at the airport or in Greater Khartoum) were those who were perceived by the Sudanese authorities to be a sufficiently serious threat to the Sudanese Government to warrant targeting.
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The assessment of that risk required an evaluation of what was likely to be known to the authorities and a holistic assessment of the individual’s circumstances including any previous political activity in Sudan or abroad and any past history of detention in Sudan. Factors include whether the individual was a student, a political activist or a journalist; their ethnicity; their religion (in particular Christianity); and whether they came from a former conflict area (such as the Nuba Mountains).
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Whilst the question of perception of political opposition underlying (c) above remains the same since the 2019 political developments, when assessing any risk to an individual now, the effects of the 2019 political developments are relevant and are likely to affect the Sudanese authorities’ view of, and attitude towards, those who might be perceived as political opponents. Further, the 2019 political developments are likely to have greatly reduced the interest of the Sudanese government in supressing political opposition by violent or military action.
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Internal relocation to Greater Khartoum for a person of Nuba ethnicity must depend upon an assessment of all the individual’s circumstances including their living conditions, their ability to access education, healthcare and employment. Despite the impoverished conditions and discrimination faced by Nuba when living in the so-called ‘Black Belt’ area of Greater Khartoum, relocating there will not generally be unduly harsh or unreasonable.
DECISION AND REASONS
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This decision provides country guidance on two principal issues. First, what, if any, is the risk of persecution and/or serious ill-treatment for a person of Nuba ethnicity in Sudan? Second, what, if any, internal relocation option is available to a person of Nuba ethnicity if at risk of persecution in their home area?
I. BACKGROUND
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The Nuba peoples comprise various non-Arab ethnic groups who are indigenous to, and inhabit, the Nuba Mountains (in particular the foothills) in South Kordofan State in Sudan. That area borders the (now) independent country of South Sudan. The Nuba also live in the Blue Nile State of Sudan. Together these areas are known as the “Two Areas”. They are a disparate group of tribes (perhaps around 50) lacking any political unity and speak a number of languages (estimated as over 100). They live in villages, organised in clans or extended family groups, with clan elders being in authority. The Nuba practise a number of different religions including Islam, Christianity and traditional African beliefs.
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Estimates of how many Nuba live in Sudan vary. In 2003, the Sudanese Government estimated there were 1.07 million Nuba in Sudan. Some estimates put the number higher. Many Nuba, as a result of conflict in their home area, now live in or around the capital, Khartoum which, as “Greater Khartoum”, is comprised of the three urban conurbations of Khartoum, Khartoum North and Omdurman (also known as the “Three Towns”). Although there is no verified figure, we heard evidence that put the number of Nuba in Greater Khartoum in the 100,000s. Together with Non-Arab Darfuris, some sources have estimated that the numbers may be higher reaching as many as 1 million, and some sources estimating as high as 5 million, living in Greater Khartoum. It is said that the joint Nuba/Non-Arab Darfuri population represents 60% or 70% of the total population of Greater Khartoum (see Joint Danish Immigration Service and Home Office Fact-finding Missions to Khartoum, Kampala and Nairobi, “Situation of Persons from Darfur, Southern Kordofan and Blue Nile in Khartoum” (4 August 2016) at para 1.1). Whatever the correct figure, there is undoubtedly a very sizable population of Nuba living in Greater Khartoum. Most live in shanty towns in an area called the ‘Black Belt’ on the outskirts of the conurbation.
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It is helpful to set out as background a brief summary of the relevant political history of Sudan. We include a number of factual matters widely reported in the news which took place in Sudan after the October 2019 hearing.
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Sudan became an independent country in 1956. Its immediately relevant political history dates from June 1989 when a military coup led by Colonel al-Bashir (“al-Bashir”) deposed the existing government and installed a military government (with him as the Chairman of the Revolutionary Command Council for National Salvation) and created an Islamic state. In October 1993 al-Bashir appointed himself President with executive and legislative powers. Sudan became a one-party state under the National Congress Party (the “NCP”).
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Sudan has seen a number of internal military conflicts between rebel groups and the Government both in the western Darfur region and in the east and south of the country.
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A conflict in the Darfur region began in 2003 led by rebel groups including the Sudanese Liberation Movement/Army (“SLM/A”) and Justice and Equality Movement (“JEM”) arising from dissatisfaction with the treatment of Non-Arabs in Darfur. The conflict lasted until 2007. The Sudanese Government has been widely accused of genocide in Darfur, in particular as a result of the actions of its proxy, the Janjaweed militia. As a consequence, in March 2009 al-Bashir was indicted for war crimes and crimes of genocide and against humanity before the International Criminal Court in The Hague.
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In the south of Sudan a further conflict arose between 2003 and 2005 waged against the Sudanese Government by a coalition of rebel groups, primarily led by the Sudanese People’s Liberation Movement (“SPLM”). Following the signing of a peace agreement between the SPLM and the Sudanese Government in 2006, a referendum in 2011 led to the secession, and creation of the independent country, of South Sudan in 2011.
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In 2010, in the lead-up to the referendum, a military conflict broke out in the South Kordofan region between the rebel group, the Sudanese People’s Liberation Movement-North (“SPLM-N”) (affiliated to the SPLM) and the Sudanese Government. The conflict in South Kordofan has been described as creating a humanitarian crisis in that area and a blockade was in force to prevent humanitarian aid reaching the area until that was lifted in late 2019. The conflict continued until the Sudanese Government declared a ceasefire in June 2016, initially for 4 months. The ceasefire has been periodically renewed and remains in place, though this is not to say that sporadic violent incidents or attacks have not continued to occur.
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The most recent political changes in Sudan began as a result of events beginning in late 2018 when there were widespread public protests, in particularly in Khartoum. The protest movement was initially led by professionals - the Sudanese Professional Association (“SPA”) - and subsequently a broader coalition of protestors known as the Forces of Freedom and Change (“FFC”). The protests were motivated by the significant economic down-turn in Sudan and its day-to-day impact on the price of food and other goods. The protests were sustained and grew in early 2019.
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On 11 April 2019, al-Bashir was overthrown by a military coup. He was replaced by a Transitional Military Council (“TMC”). The protests, however, continued, resulting in a violent crack-down on protestors by the new Sudanese authorities on 3 June 2019. Nevertheless, the protests continued.
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On 5 July 2019, the TMC and FFC signed an agreement for a transition to a democratic state. This was followed by the adoption of a draft constitution on 21 August 2019 and, in September 2019, the creation of a Sovereign Council (“SC”) comprised of military...
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