A Sudanese woman is arrested with her children, after being issued with
South Sudanese papers.
independent.co.uk
August 20, 2012
Sudanese asylum
seekers in Israel are being issued with documents changing their nationality,
allowing them to be removed from the country or imprisoned.
The Bureau has
identified migrants who have recently been issued with documents labeling them
as South Sudanese ~ despite holding passports showing they were born in
areas that remain in Sudan.
Four migrants from
the Republic of Sudan have already been flown from Israel to South Sudan,
an entirely different country that was formed last year. The South Sudanese
authorities refused to accept them at the border and they were sent back to Tel
Aviv.
NGOs estimate that
over 100 other Sudanese asylum seekers in Israel may have been issued with the
wrong nationality in the past three months, and fear there may be more attempts
to remove them to South Sudan.
South Sudan only
came into existence in June 2011 after a 21-year civil war. Intense hostilities
remain between the newly formed country and the Republic of Sudan, with
conflicts regularly breaking out on the border.
Israel is unable to
deport people to Sudan as it has no repatriation agreement with Khartoum.
But a recent deportation order allows it to deport migrants to the
country’s newest neighbour: South Sudan.
But now NGOs based
in Israel report that people from the Nuba mountain region of Sudan are being
issued with temporary visas stating they are South Sudanese by the Ministry of
Interior ~ which make them eligible for deportation. South Sudanese asylum
seekers have been asked to leave Israel voluntarily, but those who do not face
imprisonment.
MISTAKEN IDENTITY
Thomas Abdallah
Tutu, 32, is one such case. He is from the Nuba mountains in Sudan and arrived
in Israel in 2007. He lives in Arad, in the south of Israel. Thomas recently
had his documentation recalled and was issued with a temporary visa for Israel
that gave his nationality as South Sudanese. Now he is worried he will lose his
job as a hotel steward, and could be imprisoned and flown to South Sudan.
‘I don’t know why,’
said Thomas, ‘I felt so bad. Many people here in Arad have families and
children here. Now no one can buy a house and people are becoming homeless.’
The prospect of
moving to South Sudan ~ which even before secession was in conflict with Sudan ~
is worrying for migrants such as Thomas.
‘It is a bad
situation in South Sudan’, Thomas told the Bureau. ‘There is nothing there and
no one has family, houses there or money. They are afraid to go, and confused,’
he said.
Thomas’ future is
uncertain: he knows he must leave Arad but is desperate not to return to Sudan
or move to South Sudan. ‘If I go there I am sure something bad will happen to
me.’
Yael Aberdam is
project manager at the African Refugee Development Center (ARDC), an NGO based
in Tel Aviv, which works with African migrants. The ARDC has seen around 70 people
with passports and birth certificates suggesting they are Sudanese, who have
been given South Sudanese documentation. It estimates the number of those
affected may be twice that.
According to
Aberdam, many migrants from the Nuba Mountain region, an area fraught with
conflict, have been assigned documents stating they are from South Sudan.
‘We have no idea why
they would consider Nubeans as South Sudanese,’ Aberdam said. ‘It gets me very,
very angry to have those lives ruined and not even information on why, nor even
an apology,’ she added.
The UNHCR (the UN
refugee agency) and two other Israeli NGOs, the Hotline for Migrant Workers and
Students For Refugees, also reported having witnessed Sudanese migrants being
issued South Sudanese documentation and being imprisoned or coerced into
leaving Israel.
Peter Deck, senior
protection officer at the UNHCR in Tel Aviv said, ‘There have been cases of
confusion of persons from Nuba Mountains and Darfurians considered as from
South Sudan who had their visas taken away.’
Related
article- UN criticized in Sudan after children left unimmunized
Paul Hirschson,
spokesman for the Israeli Ministry of Foreign Affairs explained how the
confusion arose: ‘The vast majority of people arrived in Israel before South
Sudan existed. We’ve been working very closely with South Sudan to identify who
is South Sudanese,’ he said, adding that it is the South Sudanese government’s
responsibility to issue identity and travel documentation, not Israel’s.
‘This is not an easy
process,’ Hirschson said, ‘it is a very difficult one that Israel is trying to
address with as much sensitivity as possible.’
‘There have been
cases of confusion of persons from Nuba Mountains and Darfurians considered as
from South Sudan who had their visas taken away’- UNHCR
FAILING
INTERNATIONAL STANDARDS
UNHCR has voiced concerns over Israel’s immigration policy. The agency stresses there have been no official deportations and removals are technically voluntary. But it also notes that many have been told to leave or they will be imprisoned.
Recent changes have
improved the situation, including the recent arrival of a delegation from South
Sudan to assist the process, the agency added.
Still, there are
concerns about the removal of people to South Sudan. ‘The return taking place
from Israel to South Sudan does not meet UNHCR standards outlined in the
formulated UNHCR Guidelines for voluntary return,’ Deck said. Several NGOs
report that children have been imprisoned in unsuitable conditions, people are
given insufficient time to make preparations, and some are imprisoned despite
having signed up to ‘voluntary departure’.
‘We’re implementing
the Refugee Convention to the letter, more than almost any other country in the
world,’ said Hirschson.
SOUTH SUDANESE IN
ISRAEL
There are an estimated 1,500 South Sudanese in Israel, and around 12,000 Sudanese, according to the Israeli government.
There are an estimated 1,500 South Sudanese in Israel, and around 12,000 Sudanese, according to the Israeli government.
Asylum seekers and refugees
from South Sudan had been being registered under long-term temporary visas with
collective protection. Now the government has deemed South Sudan safe it can
potentially send people back to the country.
‘We’re implementing
the Refugee Convention to the letter’~ Ministry of Foreign Affairs
This is a concern
for Deck. ‘There are some South Sudanese that have been in Israel over five
years and their children’s only language is Hebrew ~ and they are forced to
depart as the parents no longer have a Convention-related protection concern in
South Sudan. The long-term application of temporary protection for this group
has enabled Israel to avoid the recognition of individuals as refugees and
provide a durable solution for them and their families.’
A FAMILIAR PROBLEM
African migrant are
an issue of concern for the Israeli government. According to the Ministry of
Foreign Affairs there are approximately 60,000-65,000 illegal immigrants in
Israel. Of those two thirds, around 42,000-52,000, come from Eritrea, Somalia
and Sudan ~ countries which Israel cannot repatriate citizens to.
Israel has
previously faced a similar situation with Eritreans, who enjoy collective
protection status. However, Israeli media have reported that the government
has been using a loophole to allow for some deportations.
In 2003 Ethiopia
passed a law granting citizenship to anyone whose mother or father was an
Ethiopian citizen. This is true of many Eritreans given that the countries
split in 1993. The rule change allowed the Israeli government to deport
Eritreans to Ethiopia, claiming that they could obtain citizenship there.
More recently,
interior minister Eli Yishai is quoted in Israeli newspaper Haaretz responding to last month’s court
order, which opened the door for the removal of South Sudanese migrants. He is
quoted as saying he ‘hopes this is the first step in a series of measures
allowing us to deport [migrants] from Eritrea and North Sudan’.
However the Ministry
of Foreign Affairs categorically rejects the notion it is using vagueness
around nationalities to allow for the removal of some Sudanese and Eritreans to
South Sudan and Ethiopia respectively.
THE UK SITUATION
When asked about the UK’s policy of deporting people to South Sudan a UK Border Agency spokesman said ‘We are working closely with the new South Sudanese Government to enable returns to South Sudan, but decisions are always made on a case by case basis.’
In the UK, refugee
status is granted for a period of five years. After this time, status is
reviewed by the UK Border Agency. UNHCR in the UK is not aware of any cases of
those with South Sudanese nationality whose refugee status in the UK has been
revoked.
A spokesperson from
UNHCR UK went on to say: ‘There is quite a high number of persons originating
from South Sudan who remain outside of the country and who have yet to have
their nationality ascertained. If possible, they should approach the South Sudanese
embassy to obtain the required documentation.’
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