The structure and content of the country information section follows the mandate, which sets out the general and specific topics relevant to this notice. It is not the role of the IAGCI to endorse any Home Office material, procedures or policy. Information about IAGCI's work and a list of documents reviewed by IAGCI can be found on the Independent Chief Inspector pages on gov.uk.
Introduction
Basis of claim
Points to note
Consideration of issues
- Credibility
- Exclusion
- Convention reason(s)
- Risk
- Protection
- Internal relocation
- Certification
In the sources we reviewed, there was only one documented case of two men being sentenced by a court to 40 lashes and a fine for sodomy and indecency (see Dealing with Unknown Actors and Arrests, Harassment and Other Violations). Most of the sources questioned provided material based on events before the military coup in October 2021. LGBTI people are likely to face barriers in accessing state assistance (see State Protection).
Political context
These threaten the "existence" of Sudan, said Volker Perthes, the UN Special Representative to the Horn of Africa. Unless the current trajectory is corrected,” he told the UN Security Council last month, “the country will be heading for economic and security collapse, and significant humanitarian suffering.”'6.
Demography and gender
Populaton profile
Gender: status and treatment of women generally
Furthermore, as the US State Department's Human Rights Report 2021 (USSD Report 2021) noted: "The law, including many traditional legal practices and certain provisions of Islamic jurisprudence, continued to discriminate against women."22 The Immigration and Refugee Board of Canada (IRBC) expanded on this, noting in a December 2020 response, citing various sources, that criminal laws regulating 'public morality'. In its report on events in 2020, Freedom House stated that sexual violence is a 'major problem'28. Domestic violence is reported to be very common, especially physical violence by brothers against sisters, and by husbands against wives in the home.
They must seek permission from the head of the household any time they want to leave the house. 29 The UNPFA/GoS survey methodology is explained on pages 9 and 10 of the report, including limitations in the evidence gathering process. Women working in low-paid informal jobs (tea sellers, women working in markets), women in camp environments (GOPs, refugees) fetching water or firewood, domestic workers, people with disabilities especially mental, are reported to be particularly vulnerable to sexual violence.
The main reasons cited as causes of child marriage are economic, such as the cost of supporting a daughter, fear of out-of-wedlock pregnancy, and fear of not marrying later in life. Women's access to resources is severely limited, with financial resources controlled by men (whether earned by men or women)'30. Domestic violence and that by members of the community is often under-reported, violence by outsiders is more often reported.”31.
Based on her visit to Sudan from 13 to 24 May 2015, the UN Special Rapporteur on violence against women states that “single women, divorced women, women in polygyny.
Legal context
- Influence of Islamic law (Sharia)
- Gay and bisexual men
- Lesbian and bisexual women
- Trans and intersex persons
- Other laws that may be applicable to LGBTI persons
- Anti-discrimination legislation
This. it contrasts with the law before the change [in Article 148 in 2020], where the testimony of a witness was required.)'40. NB the survey was voluntary and self-reporting, and its findings are likely to reflect the experiences of well-educated, middle-class and urban LGBTI people. Trans people are however not recognized and as such they face more challenges. There are no laws preventing them from changing their gender, but no laws recognizing them either.
Section 152 punishes acts of a sexual nature that cause discomfort to public sentiment or public modesty with imprisonment of up to six months and/or a fine.”52. This action, as mentioned in the legal framework, is anything that goes against social norms and religion. The law gains its legitimacy in society, and it also claims that Islamic premises protect the Sharia.
Under the Public Order Act, women and LGBTQI+ persons can be punished for indecent dress by whipping, fines or both. Usually this does not happen, it is police officers who use the law to control women and open cases against them. The law affects middle-class people, as well as blue-collar workers, women in the informal sector and beggars.
Similarly, the 2020 ILGA report noted that there are no laws to protect LGBTI people, including at work, from hate crimes or conversion therapies59.
Treatment by unidentified actors
The same report also stated: "LGBT+ people remain politically marginalized given the ongoing criminalization of same-sex sexual activity."63.
State attitudes and treatment
Statements or views expressed by public officials
Arrests, harassment and other violations
These acts of hostility are carried out by members of society and state actors directly and indirectly by not providing the necessary protection to society and statutory laws. Our interviewees in Sudan shared very similar stories of police raping and beating men they had. When his lawyer tried to meet him, the police refused, asking "why are you helping those people?".
After three days he was discharged and hospitalized, but refused to take any legal action against the police. Members of the LGBTQI+ community in Sudan have been a target of violations by security apparatuses. Security forces in Sudan, and since the ousted regime came to power, have been empowered to police behaviour, whether in public or private spaces.
The remaining respondents said they had not been arrested (81%), and 8.8% did not want to answer. The socio-economic background of the participants also plays a role here in terms of protection from the police [most of the applicants were highly educated, middle-class professionals73]. Most people (59.7%) do not feel comfortable and safe to ask the police for help, even when they are threatened.
We're not sure if it's a technical problem or if it's the government trying to stop us."' 78.
State protection
There are many reports of incidents involving the tracking and arrests of homosexuals through online platforms,” Sultan noted. Fortunately, we've never had a problem with our website, but other platforms (social media, Facebook, online dating) have had issues. Police spies create social accounts, and when you go to meet them in person, they turn out to be police and arrest you."
There were no known reports of denials of fair trials, although many courts faced shutdowns during the year due to strikes and restrictions of the COVID-19 pandemic.'80. The interim constitution provided for the creation of an independent judiciary to replace the politically influenced judiciary of the al-Bashir era. In May 2021, the TSC removed Chief Justice Nemat Abdullah Khair and accepted the resignation of Attorney General Taj al-Ser Ali al-Hebr, who complained of a lack of independence.
After the October 2021 coup, General al-Burhan replaced the acting prosecutor and chief judge with the former [National Congress Party]. Al-Burhan's Deputy Chief Justice, Chief Justice Abdulaziz Fath al-Rahman Abdeen, issued a directive in December ordering the reinstatement of all judges dismissed by the [Empowerment Removal Committee] ERC.'81.
Societal attitudes and treatment
Public opinion
Treatment by societal actors
Consequently, a homophobic campaign was spread on social media inciting people of different sexual orientations to kill.”97 8.2.3 The UNPFA/GofS Qualitative Assessment of Gender-Based Violence. The evaluation noted, in the context of violence against men, which respondents generally considered to be rare, that 'a limited number of respondents are also members of the. Most Sudanese communities live in a network of connected social relationships in which economic, cultural and religious factors play a role.
These close ties mean for some people an invasion of privacy and the imposition of extended family rules. They cannot express themselves and rather live isolated from their communities to avoid people's opinions...The trans group we interviewed live in a state of avoidance, they minimize their social activities.
Access to public services and employment
28.1% mentioned that they were discriminated against because of their sexual orientation when they requested services. Then 35% did not receive the services as expected and had delays or refusal of services.'104. In general, the health services available to queer women are surrounded by inaccessibility, fear, and potential stigma.
As we mentioned earlier in this section, queer women face similar challenges to other single women, but they also live in a state of additional fear. They struggle to be who they are, to be women in a conservative society and sometimes to choose to be sexually active.'106. Most of them need to travel abroad for surgeries, hormone therapy and even medical prescriptions.
LGBTI groups
Twitter accounts such as @Sudan_voices, which has more than 40,000 followers, discussed LGBTQI+ rights as part of the revolution. Noor Sultan, executive director of Bedayaa, explained, “Some people in this community are unwilling or afraid to interact with people on the ground to discuss and get involved with others. In 2012, the editor of Rainbow Sudan said that being gay is a "great taboo and considered one of the greatest sins possible" among religious communities.'118.
Sudan SOGI Coalition, shadow report for the Third Universal Periodic Review of the Republic of Sudan, SOGIESC-based Human Rights Violations in Sudan, undated (accessed via ILGA report, 'Our identities under arrest' (page 102), December 15, 2021). Report of the Special Rapporteur on violence against women, its causes and consequences in her mission to Sudan”, 18 April 2016. Report of the Office of the United Nations High Commissioner for Human Rights, Summary on Sudan, 26 August 2021 .
Report of the Office of the United Nations High Commissioner for Human Rights on the situation of human rights in Sudan", 27 July 2021. UN Population Fund / Government of Sudan, "Voices from Sudan 2020: An qualitative assessment of gender-based violence in Sudan", July 2021. UN Security Council, Report of the Secretary-General, "The situation in Sudan and the activities of the United Nations Integrated Transition Assistance Mission in Sudan", December 3, 2021.
VN-Veiligheidsraad, Rapport van de secretaris-generaal, ‘Situation in the Sudan and the activities of the United Nations Integrated Transition Assistance Mission in the Sudan’, 2 maart 2022.
