CAIRO: For the first time, an Egypt court applied the 1951 Geneva Convention in ruling against the deportation of two Darfurian refugees back to Sudan where they would’ve arguably faced the death penalty.
The Convention protects refugees and defines their legal rights.
Egypt, a signatory of the Convention, would’ve been in violation of international law by sending Mohammad Adam Abdallah and Ishaq Fadl Ahmad Dafallah, who both possess blue cards (giving them full legal rights) back to Sudan.
Due to the intervention of international human rights organizations in the case against Abdallah and Dafallah, the deportation order was cancelled and the two men remain in Khalifa Police Station in Cairo while the court is settling their cases.
The Geneva Convention specifically defines the rights of refugees with full legal status. Deportation to a county where refugees face persecution, known as a “hot return,” is illegal.
According to the Convention and Protocol Relating to the Status of Refugees, countries must abide by Convention rules. The yellow card, issued by the UNHCR, offers protection against deportation during status determination. When refugee status is confirmed, a blue card is issued.
Refugees with blue cards are no longer at risk of deportation, since the blue card makes provisions for their documentation, including a travel document similar to a passport.
The blue card provides “blanket protection,” to the extent that when registered, refugees become capable of applying for jobs and contributing to the economy. They are then regarded as citizens.
Blue cardholders should not be at risk of deportation since their legal registration allows them to live in their host country with the full rights of any legal citizen. If such rules are violated or refugees face discrimination, legal actions must be taken. In keeping with the Geneva Convention, refugees should be encouraged to integrate into their host society and live in safety.
Article 13 of the Convention, which pertains to movable and immovable property, stipulates the conditions refugees should live under. Once they are given the legal right to settle in the foreign country, they should be able to live as residents without restrictions. Refugees with legal status are entitled to the choice of "possessing, acquisition, occupation, and renting of all movable or immovable property" as well as "the establishment of non-profit earning associations."
Abdallah and Dafallah were arrested in the town of Sheikh Zowayed in Egypt’s Northern Sinai, for illegally crossing the borders into Israel. The Darfurians were working as activists, helping the small community of fellow Darfurians, lured to northern Egypt in the hope of crossing the border.
Dafallah is the chairman of the Union of Darfur Associations in Egypt, an NGO, which provides aid and supports Sudanese refugees living in Egypt. He is also the chairman of the Zaghawa Association in Egypt, in which Abdallah is also a member.
Activists such as Abdallah and Dafallah are sought after in Sheikh Zowayed. The town, too small to accommodate the Africans whose plans to cross the border were stymied, cannot provide any services to asylum seekers.
The Darfurians were arrested and sent to Qanater prison and then later sent to another prison in Aswan. The move to Aswan was a clear indication that the pair was destined for a hot return, a blatant violation of the 1951 Convention.
The Sudanese embassy was complicit in the illegal return, and prepared necessary travel documents for the two men in early April 2010 and on April 12, Dafallah was officially informed that Egyptian authorities intended to deport him.
The Sudanese embassy cooperated with the Egyptian government and did not contest the decision allegedly because the Darfurian men were activists who were perceived to support smuggling of Sudanese into Israel.
Sudan continues to target Darfurian activists across northern Sudan, where strict national security laws gives authorities sweeping power to arrest and detain people for months at a time without bringing charges against them.
Abdallah and Dafallah’s case does not assure the safety of all refugees in Egypt, many of whom remain in danger of deportation despite the fact that they are recognized by UNHCR as refugees.
On January 25, the Egyptian authorities forcibly returned an UNHCR-recognized refugee, Mohammed Al-Haj Abdallah, back to Sudan. He was arrested in Ismailia in September, and remained in prison until he was deported without any legal charge against him. The case is another brazen violation of international law.
The 1951 Geneva Convention concerning the Status of Refugees is designed to protect refugees. Even though the number of refugees in Cairo has decreased since the 1990’s, it is estimated that around 20,000 to 500,000 remain in Cairo.
Refugees are arguably not granted human rights such as employment, health care and education which creates tensions that can erupt into violence. The Convention clearly lays down the rights of the refugees including the minimum standards for their treatment, disregarding their race, religion, or country of origin.
Refugees risk their lives at the border as they try to cross into Israel opting for better lives on the other side, lured by possibilities of lucrative work in Eilat or Tel Aviv. –Additional reporting by Ahmed Attia, Dina Helmy, Hend Safy and Maha Gaber.
