1. Introduction
1.1 This document evaluates the general, political and human rights situation in Sudan and provides guidance on the nature and handling of the most common types of claims received from nationals/residents of that country, including whether claims are or are not likely to justify the granting of asylum, Humanitarian Protection or Discretionary Leave. Case owners must refer to the relevant Asylum Instructions for further details of the policy on these areas.
1.2 This guidance must also be read in conjunction with any COI Service Sudan Country of Origin Information at: http://www.homeoffice.gov.uk/rds/country_reports.html
1.3 Claims should be considered on an individual basis, but taking full account of the guidance contained in this document. In considering claims where the main applicant has dependent family members who are a part of his/her claim, account must be taken of the situation of all the dependent family members included in the claim in accordance with the Asylum Instruction on Article 8 ECHR. If, following consideration, a claim is to be refused, case owners should consider whether it can be certified as clearly unfounded under the case by case certification power in section 94(2) of the Nationality Immigration and Asylum Act 2002. A claim will be clearly unfounded if it is so clearly without substance that it is bound to fail.
2. Country assessment
2.1 The President of the Republic of Sudan is Lt. Gen. Omar Hassan al-Bashir, who took power from the previous democratically elected government in a coup on 30 June 1989. Lt. Gen. Omar Hassan al-Bashir abolished the constitution, the previous regime's National Assembly, all political parties and trade unions. President al-Bashir and his party were elected in December 2000, but the elections were uncontested due to a boycott by the main opposition parties.
Source documents
1.4 A full list of source documents cited in footnotes is at the end of this note.
South Sudan
2.2 On 9 January 2005 the 20 year old civil conflict was formally ended when the Government of Sudan (GoS) and Sudan People's Liberation Movement (SPLM) signed the Comprehensive Peace Agreement (CPA). This agreement included key issues such as self-determination for the South and established a permanent ceasefire. The parties established a Government of National Unity (GNU) comprising members of the National Congress, SPLM and other northern and southern political forces. The Presidency of the GNU, comprising of President Field Marshall Bashir, First Vice President Garang [who was succeeded by Lt. Gen. Salva Kiir Mayardit following Garang's death on 30 July 2005] and Vice President Taha, was sworn in on 9 July, the National Assembly first sat on 1 September and the formation of the Government of National Unity was announced on 20 September 2005. The CPA provided for a devolved Government of Southern Sudan (GoSS) and also made provisions for national elections in 2009 (now due to take place in April 2010) together with a referendum for determining the status of the South in 2011.
2.3 While the CPA's security arrangements are making progress in parts of the South, the presence of other armed groups such as the Ugandan Lord's Resistance Army in the far south remain a threat to maintaining peace. The State of South Kordofan, which lies to the north of the border of South Sudan and borders Darfur was bitterly disputed during the north-south war. The demarcation of the disputed oil-rich Abyei region, which was incorporated into Southern Kordofan under the 2005 peace deal, has led to violent clashes between northern and southern groups in 2008. In July 2009, an international tribunal cut the size of the Abyei region excluding more than 45,000 square kilometres of land formally claimed by the SPLM/A. The people of Abyei will vote to either join the South or remain in the North in the 2011 referendum.
2.4 On 2 August 2009 an attack was carried out in Akobo, Jongeli state by fighters from the Murle ethnic group. It was described as one of the worst single outbreaks of violence in South Sudan since the end of the civil war four years ago. At least 185 people died. The United Nations say that 2,000 people have died in the south in recent months, more than in Darfur. Many in the south blame former civil war enemies in the north for encouraging the attacks. There are fears the north wants to destabilise the oil-rich south ahead of the 2011 referendum.
