Home Office response to IAS comments by Levone

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									Home Office response to IAS comments Afghanistan Country Report April 2004
Country Comment Afghanistan (Para nos refer to April 04 Country Report) Overview Many paragraphs are based on historic information which is subsequently contradicted. (No particular examples given) Report focuses heavily on the new Constitution and the perceived benefits of this in all aspects of state and human rights. This positive assessment of the country‘s political situation is misleading as the terms of the new Constitution are not all currently evident in the country. Section 4 (History) has been redrafted and updated for October 2004 and much of the older information (eg about the Taliban) has been taken out. The adoption of the new Constitution in January 2004 Details of the new Constitution have been kept in the was a significant development. Reservations about October 04 Country Report. Further information has some aspects of the Constitution were included in the been added – see specific amendments below. report as well as the positive implications for the future. The inclusion of the aims of the constitution does not imply that the terms of the Constitution are already evident in the country and the human rights section gives a balanced view of the current human rights situation. Moreover, para 5.9 gives the views of the UN Secretary-General which clearly state that the Constitution in itself will not guarantee peace and stability and identifies key challenges which need addressing. Response Action taken

Constitution and Constitutional Loya Jirga The majority of the paragraphs on the new Constitution (5.1-5.12) are taken from sources that highlight the positive. Corresponding weight is not given to more negative assessments. Only 5.12 mentions any doubts surrounding the Constitution (HRW). The Institute of War and Peace Reporting noted complaints by former delegates on 6 May 2004.

The majority of reports on the Constitution prior to April 04 concentrated on the actual content of the Constitution and considered it to be a positive development. The IWPR source referred to was published after April 04. 5.12 noted the concerns of HRW and 5.9 noted the UN Secretary-General‘s view that the constitution in itself will not guarantee peace and stability.

Section 5 has been redrafted for October 2004. Some of the paragraphs on the Constitution and CLJ have been retained where appropriate and new paragraphs have been added using reports by IWPR and Freedom House.

No information is given in this section on the lack of democratic participation in the constitutional discussions themselves. No mention of female members of the Loya Jirga feeling intimidated nor the influence of former militia commanders/former mujahedin representatives.

Para. 5.32 includes the findings of HRW relating to this More cross references have been added between sections 5 and 6. issue. Paras. 6.16 and 6.18 used HRW and Amnesty International sources, which noted problems in the run up to the CLJ. The format of the Country Report is such that Section 5 is intended to outline the main details of the Constitution and CLJ process, while Section 6 goes into more detail of any problems with them. More cross references have been added between sections 5 and 6.

More information is included in section 6, the Paragraphs 5.29 to 5.32 deal with the CLJ but only designated section on human rights. para. 5.32 mentions the ‗numerous cases of death threats and corruption, and the general atmosphere of intimidation at election sites‘. Internal Security Of the nine paragraphs that make reference to the impact of ISAF on the security in Kabul (5.91, 5.92, 5.94. 5.95, 5.97, 5.98, 5.103, 5.113, 5.130) only three highlight the failings and negative aspects of ISAF, the others portray its perceived success and hence this section is misleading with regard to the level of safety in Kabul. The country information available for the April 2004 report indicated a consensus that ISAF has been significant in contributing to the improved security situation in Kabul and this is reflected in the Country Report. However, unresolved problems in Kabul are also noted. For example, 5.103 (UNHCR view) and 5.130 (HRW).

The internal security section has been redrafted and updated for October 2004 and includes a designated section on ISAF and PRTs.

According to other sources the situation in Kabul is not The June 2004 HRW report was published after April safe, despite the presence of ISAF. Reports by HRW 2004 and could not therefore be included in the April (June 2004) and ECRE (May 2003) are quoted. report.

The June 2004 HRW report has been used in the October 04 report. A June 2004 report by the Afghan Research and Evaluation Unit and a later report by ECRE dated May 2004 have also been used as sources. The latter identifies categories of people who may still have protection needs.

Although the CIPU report seems to be showing both sides of the argument, it is consistently using sources to paint a brighter picture of the security situation in Kabul. This is of fundamental importance, as many returns (50% according to the British Agencies Afghanistan Group) are sent to Kabul with the perception that it is safe to return them due to the ISAF force. US abuse of Afghans

It is not accepted that sources were used to paint a Section on internal security, including ISAF, redrafted brighter picture of the situation in Kabul. A wide range and updated for October 2004. Paragraphs retained of sources were used which reflected both positive and from April report where appropriate. negative views. Para. 5.73 clearly sets out the mandate of ISAF (DFID source) and also notes the limited capacity of the police and influence of warlords in Kabul. The overall security situation is portrayed accurately.

The CIPU report omits to account incidents of ongoing abuse towards Afghans by US forces in Afghanistan. Reports by HRW (March 2004) and AI (May 2004) are quoted.

The March 2004 HRW report is used as a source in the Paragraphs retained. The AI report of May 2004 is April 04 CIPU report. Paras. 5.189 and 5.190 note the used in the October 2004 Country Report. conditions for detainees. 5.190 also notes AI concerns (dated March 2004) at the arbitrary detentions. The AI report of May 2004 was not published at the time of the April Country Report. The HRW report is lengthy and is not included in more detail as this is not an issue which generally arises in asylum claims.

Returns CIPU does not use the ECRE position papers for April 2003 and May 2004 which highlight problems facing returns to Afghanistan. There are specific categories of people considered by ECRE to be at risk overlooked by CIPU. Domestic and International NGOs This section (paras 6.38 to 6.41) only uses two sources documenting attacks from Dec 2003 to Jan 2004 and fails to mention more recent and ongoing attacks on NGOS, which impacts on the availability of humanitarian support from these organisations. More recent attacks include incidents in March 2004 and April 2004. FCO advice of May 2004 is quoted. Medecin Sans Frontier and GOAL have both terminated full operations following attacks on staff.

The later UNHCR July 2003 position paper was used in the April 04 Country Report. Para. 6.7 gives the categories of people UNHCR considered might be at risk. The ECRE May 2004 report was not available for April. The two sources used in this section are a BAAG report dated Jan 04 which is a comprehensive up to date document on the position of NGOs in Afghanistan, and a MSF report announcing the suspension of activities in one area of Afghanistan. Paras. 6.38 to 6.40 note that the provision of NGO services is being affected by the security situation. The incident in March 2004 is included in the April Country Report at para. 4.99. It was not possible to include the April 2004 incident due to CIPU deadlines for the report. The FCO advice was dated after the publication of the April Country Report. This advice is aimed at British travellers to Afghanistan rather than Afghan nationals and is not considered to be particularly relevant to asylum claims.

The UNHCR position paper is retained for October 2004. In addition, the ECRE May 2004 position paper is used as a source and the categories of people considered to be at risk by both UNHCR and ECRE are included. BAAG paragraphs retained for October 2004. In addition, the MSF announcement of the closure of all its programmes is included in October 04.

Cross references included between sections 4,5 and 6.

Medecin Sans Frontier announced the closure of all their programmes in Afghanistan in July 2004 so this could not be included in the April report. On 7.10.04 the GOAL website showed that 15 expatriate staff had been withdrawn in July 2004 but programmes continued with national staff. Plagiarism The following paragraphs are directly quoted from the source, however, the quote was not identified by quotation Marks: 5.18 [2b], 5.20 [2b], 5.22 [39b], 5.29 [39i], 5.48 [2b], 5.50,[39b], 5.59 [39i], 5.68 [11b], 5.69 [2b], 5.70 [2b], 5.74 [39h], 5.75 [39h], 5.79 [2b], 5.80 [2b], 5.87 [2b], 5.100 [39h], 5.103 [39i], 5.154 [39h], 5.163 [39i], 5.170 [2b], 5.177[39h], 5.212 [11i], 5.177 [39h], 5.215 [39i] Mis-sourced Information The content of several paragraphs were incorrectly sourced and the information was not contained in the document that was referenced. Eg. 5.53 [6a], 5.54 [6a] and 5.56 [26b]. Some paragraphs were sourced to the wrong page in the document. Eg. 6.5 [8c] p31 not p34, 6.6 [8c] p31 not p34. Specific Errors, Inaccuracies and Omissions Section 5 – State Structures 5.7: CIPU‘s selection of information from the source (IWPR) portrays political harmony and stability. A different part of the source is quoted which refers to problems in the Loya Jirga and the processes leading up to it.

The revised Instructions for Producing Country Reports were only implemented for section 6 of the April 2004 Country Reports. They were implemented in full for the October 2004 edition.

Section 5 has been significantly redrafted for the October 2004 report and direct quotations of full sentences are identified by quotation marks, as required by the CIPU guidelines.

Section 5 has been redrafted and the errors rectified. The errors in 5.53 and 5.54 are acknowledged. However, the information in para. 5.56 was correctly sourced to [26b] and appears in the executive summary of of the ICG source document (paraphrased). The page numbers can vary according to which kind of printed version is used.

Section 5 of the Country Report is intended to note More information from the IWPR source is included in facts rather than analysis, which is generally included in the October 2004 Country Report. More cross section 6 (Human rights). 6.18 and 6.204 note problems referencing used. experienced with factional leaders and by women, using AI and USSD sources.

The paragraph selected in the April report is 5.32: The source (HRW) is correctly quoted but further details on political intimidation and vote-buying appropriate and gives an overview of the situation. Further details of problems during the process were were omitted. included in the human rights section (see above). 5.46: Contains information from source [25r] but further information about Ismail Khan is ignored from source [25d], which casts doubt on the ability of President Karzai to remove Khan from the two positions he held in Herat. 5.51: CIPU omits further information from source [57] and omits to state that the application of law is limited and marked by impunity. More information about Ismail Khan is included in 5.45 and 5.46 using HRW and Swedish fact finding mission sources. President Karzai subsequently removed Ismail Khan from his position as governor of Herat in September 2004. 5.55 to 5.60 gives further information on the limitations of the legal system. 6.8 notes the extent of human rights abuses and the involvement of powerful figures. 6.194 addresses inadequacies for women.

The relevant section has been updated. More cross referencing used.

Section on Herat has been redrafted and updated for October 2004.

Legal section has been redrafted and updated for October 2004.

5.56: Further information from source [26b] omitted regarding the new Judicial Commission, Human Rights Commission and Civil Service Commission.

Information on the various commissions is updated in 5.56 is intended to provide brief information on the formation of the two Judicial Commissions. Information the October 2004 Country Report. on the Human Rights Commission is included in a designated section 6.27 to 6.37. Information on the Civil Service Commission is provided in 4.59 and 4.83 Error acknowledged. Overall, the problems in the south of the country are well documented in the CIPU report. Not used in October 2004 report. The situation in the south of the country is updated in the October 2004 report.

5.72: Information in this paragraph is not in source [6a] 5.101: Further information of wider relevance on the security situation in Kandahar province is omitted from UNHCR source [11h]. 5.104: Further information on the problems with the DDR programme is omitted from source [39i]. 5.114: Further information on problems with ISAF expansion omitted from source [39k]. Despite the CIPU report‘s reference to the permission to expand ISAF, in July 2004, ISAF was not a country-wide and fully effective protective force.

5.144 notes problems with the DDR programme using a Section 5 has been redrafted and updated in the October 2004 report and includes a designated more recent source. section on DDR. The October 2004 CIPU report includes a designated 5.114 provides factual information on the situation at section on ISAF and PRTs which has been redrafted that time. The paragraph suggested for inclusion and updated. speculates on the future. The position in July 2004 could not be reflected in the April 2004 Country Report. However, overall, the report makes it clear that the ISAF is not a fully effective, country-wide force.

5.125: CIPU ignores further information in source [39k] highlighting the problems and challenges of the DDR pilot phase. 5.130 – 5.132: Extracts from source [17m] are quoted correctly but CIPU has been selective in the passages chosen, which tend to portray a secure and protected environment of Afghanistan.

The additional information is not deliberately ignored. 5.144 notes problems with the DDR programme as a whole using a more recent source.

Section 5 has been redrafted and updated in the October 2004 report and includes a designated section on DDR.

It is not accepted that the extracts (from a HRW report) Security section has been redrafted and updated in tend to portray a secure and protected environment. the October 2004 report. For example 5.130 notes ―But even in Kabul and its immediate environs ISAF did not (or could not) carry out one of its central missions, which was to rid Kabul of factional militias. Armed men, particularly those associated with the forces of Defense Minister Marshall Fahim and fundamentalist warlord Abdul Rasul Sayyaf, still roam the streets by day and engage in robbery and banditry by night.‖ [17m] (p5) The overall security situation is accurately portrayed using a wide range of recognised sources.

5.148: Information differs from actual information in source [8c]. 5.163: Source [39i] also mentions a concern over funding of the police programme which may be relevant to its eventual functioning. 5.174: The language in the source is significantly harsher that that quoted by CIPU. 5.212: CIPU significantly mis-portrays information on psychiatric health care facilities from source [11i]

Error acknowledged. 5.165 details problems with the financing of the police, including the possible impact on law and order. 5.174 paraphrases but does not misrepresent the information in the source.

Section on the NSD has been redrafted and updated in the October 2004 report. Section on the police has been redrafted and updated in the October 2004 report. Section 5 has been redrafted and updated in the October 2004 report using more recent sources.

5.212 paraphrases but it is not accepted that the source The section on medical services has been redrafted and updated in the October 2004 report using more material is significantly misrepresented. recent sources. There is a sub-section on mental health. The suggested information is included in section 5 in 6.185 gives further information on why some girls do 5.248: Further information omitted from source the October 2004 report. [40an], which gives the key reasons why children are not attend school. not enrolled in schools. Human rights section has been updated in October 6.24: Further information from source [7a] is omitted Suggested information is speculative and, whilst interesting, does not refer to the situation at the time. 2004 report. about AI‘s concerns for the future. 6.34: Source [7d] also includes information on the capacity of the AIHRC which is excluded in the CIPU report. 6.33 and 6.36 include further information on the mandate and limitations of the AIHRC. The section on the AIHRC has been updated in October 2004 report.

6.69 – 6.73: This section on Shia (Shiite) Muslims omits the advice of ECRE in its April 2003 and May 2004 reports that religious minorities including Shiites may still be at risk of persecution. 6.76: Further information on Ismailis available in UNHCR and ECRE reports. Latter includes advice that Ismailis may still have protection needs. 6.84 – 6.85: CIPU gives conflicting information in consecutive paragraphs without comment. Further information from HRW and AI and the ECRE reports suggested for inclusion in section on Sikhs and Hindus. 6.93 – 6.96: Section on conversion should include information on the effect of the new Constitution.

6.7 includes the July 2003 UNHCR advice on categories of people who may have protection needs. The May 2004 ECRE report was not available for the April Country Report.

The May 2004 ECRE report has been included in the October 2004 Country Report.

Most recent ECRE report (May 2004) used in the October 2004 Country Report.

Section 1 of the April report notes that the report does Suggested information has been included in the not contain any HO opinion. The information included in October 2004 Country Report. the report is therefore presented without analysis or comment. Suggested source used in October 2004 Country Report. May 2004 ECRE report used in October 2004 Country Report.

6.103: The issue of forced recruitment is briefly mentioned, however according to the April 2003 and May 2004 ECRE reports it is a serious problem for returns to Afghanistan. 6.109: Source [8b] makes the point of the importance Source [8b] is a Danish fact finding report of May 2002 of networks much more strongly than the information and [8c] is a later Danish fact finding report dated included in this paragraph from source [8c]. September 2002. Therefore, the later report was favoured for inclusion over the earlier one. The need for networks is not misrepresented in 6.109 and the UNHCR view that such networks are ‗vital‘ is included. 6.114: Percentage figures cited for ethnic minorities are not consistent with those elsewhere in the report. Percentage figures are quoted as they appear in the individual source and the figures sometimes vary from source to source.

Source [8b] is not used in the October 2004 report as there have been two later Danish fact finding reports. However, the importance of networks is included in the October report.

To ensure consistency, the same UNHCR report has been used for percentages of ethnic minorities in the October 2004 report.

6.131: In the Word version of the CIPU report much of the material appears with editorial comments still in place. The possible risk to Pashtuns quoted in the May 2004 ECRE report is not portrayed in the CIPU report.

It is not known why the editorial comments are visible. The May 2004 ECRE report is included as a source in They do not appear on our version, either on screen or the October 2004 Country Report. when the report is printed. 6.131 notes continuing concerns for Pashtuns in the North West of the country. 6.7 notes UNHCR advice that ―persons originating and returning to areas where they constitute an ethnic minority‖ might be at particular risk. This quote is included at 6.215 in the section on the Situation of Women and Girls in Herat. 6.216 – 6.219 include further information on the difficulties faced by women in Herat. Overall, the situation for women in different areas is well documented. Section on women has been updated in the October 2004 report using more recent sources and addresses the situation in different areas.

6.169: Source [17i] actually states ―According to a U.N. official working with women‘s groups throughout the country, ‗Herat is the worst province for women in Afghanistan‘‖. It would be useful to include further information from the same report (example given) which refers to the situation for women in Herat and other areas. 6.201: Information is incorrectly quoted. 6.210: The paragraph omits the other view (UNAMA‘s Human Rights Advisor) stated in source [8c] Danish fact finding report of September/October 2002. 6.230: This section on children does not highlight the serious risk of kidnapping. The risk from people traffickers and being held to ransom and for trade in body parts is not detailed in the CIPU report. Several sources have highlighted this issue. There is also little reference to child abuse. CIPU does not highlight the real risk to children including boys, when returning to Afghan society. 6.245: Useful information for caseworkers regarding the application of exclusion clauses is omitted from source [11i].

Error acknowledged. 6.211 includes the view of this source although it is not quoted in its entirety. The paragraph also includes the view of the Association of Women of Afghanistan from the same source. 6.112 mentions the risk of kidnapping to girls.

Rectified in October 2004 report. More recent Danish fact finding report used in October 2004 report.

Information from reports by Reuters, the UN SecretaryGeneral and the IOM referring to these issues are used in the October 2004 report.

Information included in October 2004 Country Report.

6.250: Inclusion of former PDPA members into the new administration is highlighted with more concern in the May 2004 ECRE report. Former PDPA members are still at risk if returned to Afghanistan.

ECRE report notes that former members of the PDPA (among others) ―may have ongoing protection

needs…‖ This does not support the conclusion that all former PDPA members are still at risk.

Section on PDPA redrafted and updated in the October 2004 report. The May 2004 ECRE report, detailing the categories of people who may still have protection needs, including former members of the PDPA, is included in the human rights section.

Home Office response to IAS comments Albania Country Report April 2004
Country Albania Comment Overview (Para nos refer to April 04 Country Report) State Structures: 5.10 & 5.11 Missing source documents. Add Response Action taken

further information regarding tension between the two main political parties. 5.12 Add additional information regarding judicial corruption. 5.13 Add information regarding the independence of the judiciary/no effective checks on the judiciary. 5.16 Add information regarding access to legal information. 5.21 Exact repeat of para 5.18. Also, para does not give information on how implementation of initiatives has been undermined by corruption.

Agree. There appears to have been some mix up with the sources. Inclusion of suggested additional information would be useful.

Will amend to include missed sources and suggested additional information.

Report notes that there is corruption within the judiciary None, but will continue to monitor the situation. in further paragraphs. Noted. Will incorporate into next edition.

Noted. Duplication due to error. However, the comments are taken on board although I believe that the issue of judicial corruption has been covered in other paras. I was unable to find the quote attributed to the EU Commission on page 8 (para 3) of the report. There seems to be some confusion with your sources 105 and 106. Comments noted. However, many of these have been covered in other paras. For instance, illegal detention and inability to contact an attorney is covered in para 5.24. Agree that para should read that only Ekrem Spahia‘s supporters trial remained pending at year‘s end and that Spahia released. Not confirmed that three individuals mentioned were held for purely political reasons. Other authoritative publications report that politically motivated detention was not a problem at the time of the last published report.

Will consider including this information in next publication. Will remove para 5.18. Will add material on implementation of initiatives if this can be sourced.

5.25 Add further information regarding illegal

detention and abuses of those held.
5.26 Incorrect rendering of source material.

Noted - will continue to monitor the situation with a view to including information regarding specific cases.

Will amend reference for next edition.

Add further information regarding claims that people detained for political reasons.

Will consider including suggested information.

5.39 Add further information regarding abuses

by Greek border guards.
5.40 Add further information regarding the

The main purpose of the Country Report is to inform caseworkers of matters relating to asylum. Abuses of Albanians by officials of another country are of little relevance. See 5.39 above.

None proposed.

See 5.39 above. Will amend next publication to include additional figures.

beating of Albanians in Macedonia. 5.45 Prison conditions – add further information. The section provides a good overview of prison
conditions. Agree that it would be useful to include figures on those held in pre-trial detention. 5.52 University Hospital - Tirana. Add further Agree that this section needs to include further information.

information regarding the poor conditions available to those suffering from mental health problems.

Will try to source further information to include in next publication.

Human Rights: 6.6 Add further information regarding torture and Further information on this subject is provided in paras None. 5.23 – 5.25. ill treatment by the police etc. Will continue to monitor the situation. 6.11 & 6.14 Failure to recognise the seriousness of See Section – Journalists, particularly para 6.21. restrictions on media freedom. One of the reports referred to was published in June 2004, some 2 months after the country reports was published. 6.12 Add further information regarding the Useful information. Will consider including this information if still current. Will incorporate in next publication. Will continue to monitor the situation and add this information if still current.

expense of access to the internet. 6.40 Add further information - UN/OSCE report on the subject of trafficking. 6.43 Trafficking of women and girls. Only one source used - source biased.

Agree that further sources would be helpful in Will continue to monitor the situation, adding new attempting to determine the numbers involved; information where available. however, the reviewer does not suggest any additional sources.

6.44Trafficking – Country Report fails to fully

reflect the extent of the problem. Also fails to include information regarding corruption in the criminal justice system.

The quote from [2c] is quoted in full two paragraphs earlier (para 6.42). The reviewer's rendering of

None. However, will consider including more hyperlinks where subjects overlap.

6.45 Trafficking - reliance on MOPO figures.

the quote is incorrect and subtly changes the emphasis. The correct quote is, ‘The Government of Albania does not meet the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so.’ The suggested additional information regarding police involvement in trafficking has been used in the section on women who are trafficked for sexual exploitation (para 6.115). Information regarding corruption in the criminal justice system is fully covered in paragraphs 5.12 – 5.22, with para 5.16 particularly noting corruption of the judiciary.
Agree that under the circumstances government statistics cannot be considered reliable. However, paras 6.51 and 6.110 (UNICEF & Italian government) state that there has been a huge reduction in the numbers who have been trafficked. The Italian government provisionally reported a reduction from a high of 18,900 in 2000 to around 140 in 2003.

None. However, will consider including more hyperlinks where subjects overlap.

6.46 & 6.47 The Country report fails to address

the central issue of whether there is sufficiency of protection for victims of trafficking.

The quote from the OSCE and the USSD Trafficking The situation regarding sufficiency of protection will be report 2003 are accurately rendered. As far as we can carefully sourced for the next publication. determine, no information reflecting a contrary view was available at the time the report was published. As the reviewer notes, since the report was published, there have been a couple of reports that cast doubt on the effectiveness of the Witness Protection Task Force.

6.64 Incomplete sentence.

Further information suggested. 6.102 Sentence omitted from quote. 6.105 Failure to give sufficient weight to the problems encountered by Roma. 6.111 Number of trafficked children given is inconsistent with statistics in other reports.

Typo. Noted. Omitted in error. Agree. Will rectify for next publication.

Will include the information from SEELINE if it is still current. Will be added to next publication if used. Information will be added to next publication.

Correctly rendered from source but will consider other Information will be added to next publication. sources for for inclusion in the next publication.

6.125 & 127 Combating corruption. Include

further additional information.
6.129 Weapon collections. Additional

The Freedom House report that the reviewer considers Will continue to monitor the situation, adding new should have be used was published at the same as the information where available. Country Report. Noted. Will include information from source in next publication. Will continue to monitor the situation, adding new information where available.

information. 6.133 Blood feuds - the problem is spread over a Country Report is accurate. While blood feuds are a ‗national‘ problem, most commentators appear to wider area than suggested.
indicate that the north of the country is the main area of concern. See paras 6.139 and 6.152. 6.140 Blood feuds – self imposed imprisonment. Not sure what point is being made here. Country Report seems to adequately reflect reviewer's comments. Para seems a fair summary of the position for NGOs, 6.154 NGOs - suggest inclusion of information but will look at Freedom House source. from Freedom House.

Will continue to monitor the situation, adding new information where available.

Home Office response to IAS comments Angola Country Report April 2004
Country Angola Comment (Para nos refer to April 04 Country Report) 5.11 Source [36s] ‗Teaching System Intakes Response The auto-format function altered the sequence of the numbers in the list of sources. Therefore the original source reference in the main text was correct. Action taken Corrected the numbering in the list of sources. Source now corresponds with the main text. 5.11

661,440 New Pupils in 2003‘ Angola Press Agency (6 February 2003) is unrelated to this quote, however source [36q] ‗President appoints 15 Vice Ministers‘ Angola Press Agency (1 January 2003) seems a likely source, although this report is actually dated 2 January 2003.
5.12 There is a typing error in the first line. No longer in the October 2004 report. Information has been updated. Noted.

Source [8b] ‗Two more years before elections – MPLA official‘ IRIN is actually dated 9 February 2004. 5.13 Source [7l] ‗Angola rebels granted amnesty‘ BBC News (2 April 2002) refers to an amnesty granted in 2002 not the amnesty in 2000 that is covered in this section of the Country Report.
5.16 Source [2a] (p6) ‗Country Reports on

Already moved to appropriate section. 4.21

Inserted ‗nominal‘. 5.20

Human Rights Practices – 2003: Angola‘ US Department of State (25 February 2004) actually reads ‗The court system consists of the Supreme Court, the highest operating appeals court, plus municipal and provincial courts which operate under the nominal authority of the Supreme Court‘ (emphasis added).

5.17 Source [2a] (p6) ‗Country Reports on

Country Report provides adequate paraphrase.

Human Rights Practices – 2003: Angola‘ US Department of State (25 February 2004) actually states ‗ The Constitution provides for judicial review of constitutional issues by the Supreme Court until the Constitutional Court provided for in the 1991 Constitution is established‘.
5.23 Source [2a] (p6) ‗Country Reports on Human Rights Practices – 2003: Angola‘ US Department of State (25 February 2004) adds ‗Judges were often not licensed lawyers‘. Therefore, it is possible that some judges might lack essential legal knowledge when trying a case.

But have used direct quote from USSD report as suggested. 5.21

Inserted the whole of the next sentence. 5.37

The full quote and updated report reads: "Judges were often not licensed lawyers; however, the Ministry of Justice increased efforts during the year [2003] to recruit and train lawyers to serve as magistrates. The judge and two lay persons elected by the full court, act as the jury.‖
Full quote included in October 2004 report. 5.30

5.25 This is quoted from (p5) of source [2a] ‗Country Reports on Human Rights Practices – 2003: Angola‘ US Department of State (25 February 2004) and continues ‗however, security forces did not always procure an arrest warrant before placing individuals under detention.‘

The information is on page 19 of the source as stated. 5.30 This information comes from (p31) of source [11d] ‗African Court of Human and Peoples‘ Rights: an (Printer friendly version). 5.35 Opportunity to Strengthen Human Rights Protection in Africa‘ Amnesty International (1 July 2002). 5.31 Source [2a] (p5) ‗Country Reports on Human Rights Practices – 2003: Angola‘ US Department of State (25 February 2004) also adds that ‗such rights were sometimes ignored in practice or made conditional upon payment of a bribe‘ and that there was ‗a lack of official determination to ensure these rights‘. 5.33 Source [2a] (p1) ‗Country Reports on Human Rights Practices – 2003: Angola‘ US Department of State (25 February 2004) in the next sentence states ‗security forces continued to commit serious human rights abuses‘. Has already been amended to include the direct quote from the USSD report. 5.36

Included the next sentence as suggested. 5.39

5.34 This quote comes from section 1.d or page 4 of source [2a] ‗Country Reports on Human Rights Practices – 2003: Angola‘ US Department of State (25 February 2004). 5.39 Source [2a] (p4) ‗Country Reports on Human Rights Practices – 2003: Angola‘ US Department of State (25 February 2004) continues ‗There were reports that NGO officials were temporarily denied access or limited access to some prisons‘. 5.42 Source [5d] is not the Human Rights Watch World Report 2003. It is ‗Struggling Through Peace: Return and Resettlement in Angola‘ Human Rights Watch (August 2003, Volume 15, No.16A). 5.46 This information is not from Source [11] Amnesty The paragraph has not been included in October 2004 International but from Source [21] ‗Global Report 2001: report. The information has been updated. Africa – Republic of Angola‘ Coalition to Stop the Use of Child Soldiers (12 March 2001). This report was actually published in May 2001. 5.47 Despite being mentioned source [5c] ‗Some Transparency, No Accountability: The use of Oil Revenue in Angola and its Impact on Human Rights‘ Human Rights Watch (January2004, Vol.16 No.1A) is not cited. 5.48 Source [36e] ‗Head of State Inaugurates Hospital The auto-format function altered the sequence of the for HIV/AIDS Patients‘ Angola Press Agency (2 March numbers in the list of sources. Therefore the original source reference in the main text was correct. 2004) is unrelated to this. However a source [36d] ‗8594 More Cases of Tuberculosis‘ Angola Press Agency (3 September 2003) appears to be the likely source. 5.51 Source [18c] ‗Epidemiological Fact Sheets on HIV/AIDS and Sexually Transmitted Infections, 2002 Update, World Health Organisation is not related to this. The cited information comes from Source [18b] ‗WHO Director General says access to health service should be possible right across the country‘ World Health Organisation (29 August 2003). The auto-format function altered the sequence of the numbers in the list of sources. Therefore the original source reference in the main text was correct.

Corrected page number. 5.40

Included next sentence as suggested. 5.48

Corrected the citation. 5.52

Included the source reference in the main text. 5.59

Corrected the numbering in the list of sources. Source now corresponds with the main text.. 5.60

Corrected the numbering in the list of sources. Source now corresponds with the main text. 5.63

5.52 Source [18c] ‗Epidemiological Fact Sheets on HIV/AIDS and Sexually Transmitted Infections, 2002 Update, World Health Organisation is not related to this. The cited information comes from source [18b] ‗WHO Director General says access to health service should be possible right across the country‘ World Health Organisation (29 August 2003). 5.53 There is no source [18d] listed in Annex J. However, this information is provided by source [18c] ‗Epidemiological Fact Sheets on HIV/AIDS and Sexually Transmitted Infections, 2002 Update‘ World Health Organisation. 5.56 Source [36f] ‗Government Pledges Continued Support to Disable People‘ Angola Press Agency (3 December 2002) is not related to this statement and source [36e] ‗Head of State Inaugurates Hospital for HIV/AIDS Patients‘ Angola Press Agency (2 March 2004) is clearly the correct source. Thus the hospital was inaugurated on 2 March 2004.

The auto-format function altered the sequence of the numbers in the list of sources. Therefore the original source reference in the main text was correct.

Corrected the numbering in the list of sources. Source now corresponds with the main text. 5.64

The auto-format function altered the sequence of the numbers in the list of sources. Therefore the original source reference in the main text was correct.

Corrected the numbering in the list of sources. Source now corresponds with the main text. 5.67

The auto-format function altered the sequence of the numbers in the list of sources. Therefore the original source reference in the main text was correct.

Corrected the numbering in the list of sources. Source now corresponds with the main text. 5.70

5.57 This ANGOP news report is not source [36g] ‗Over 100 Families Resettled Countrywide‘ Angola Press Agency (8 September 2003) but source [36f] ‗Government Pledges Continued Support to Disable People‘ Angola Press Agency (3 December). 5.59 Source [36h] 'Parliament Passes Law on Freedom of Conscience' Angola News Agency (2 March 2004) does not relate to this statement. The correct source is source [36g] 'Over 100 Families Resttled Countrywide' Angola Press Agency (8 September 2003)

The auto-format function altered the sequence of the numbers in the list of sources. Therefore the original source reference in the main text was correct.

Corrected the numbering in the list of sources. Source now corresponds with the main text. 5.72

The auto-format function altered the sequence of the numbers in the list of sources. Therefore the original source reference in the main text was correct.

Corrected the numbering in the list of sources. Source now corresponds with the main text. 5.76

5.61 Source [18b] ‗WHO Director General says access to health service should be possible right across the country‘ World Health Organisation (29 August 2003) does not refer to this information. The correct source is [18a] ‗Country Profile on Mental Health Resources 2001‘ Atlas Project, Department of Mental Health and Substance Development, World Health Organisation. This one of the two sources marked [18a] within Annex J.

The auto-format function altered the sequence of the numbers in the list of sources. Therefore the original source reference in the main text was correct.

Corrected the numbering in the list of sources. Source now corresponds with the main text. 5.81

5.63 Source [36m] ‗UAN Strikers Demands Beyond Country‘s Financial Capacity – Official‘ Angola News Agency (26 July 2003) does not refer to the teachers‘ strikes, but source [36l] ‗Angola Strike: Varsity Lecturers and Staff demonstrate‘ Angola News Agency (27 July 2003) does.

The auto-format function altered the sequence of the numbers in the list of sources. Therefore the original source reference in the main text was correct.

Corrected the numbering in the list of sources. Source now corresponds with the main text. 5.85

The auto-format function altered the sequence of the 5.64 Source [36t] ‗Huíla: 295 University Places for Over 295 Candidates‘ Angola News Agency (24 March numbers in the list of sources. Therefore the original 2004) is not the relevant source. The correct source is source reference in the main text was correct. source [36s] ‗Teaching System Intakes 661,440 New Pupils in 2003‘ Angola News Agency (6 February 2003). 5.66 Source [36u] ‗MPLA Announces Peace Plan for The auto-format function altered the sequence of the Cabinda‘ Angola News Agency (18 February 2003) is numbers in the list of sources. Therefore the original not the relevant source for the statement regarding the source reference in the main text was correct. University in Huila. This is source [36t] ‗Huíla: 295 University Places for Over 295 Candidates‘ Angola News Agency (24 March 2004). The quotes from source [2a] ‗Country Reports on Human Rights Practices – 2003:Angola‘ US Department of State (25 February 2004), actually come from (p8) not (p13). 6.3 Source [24] ‗Angola – 2003 Annual Report‘ Reporters sans Frontières (2 May 2003) adds ‗State owned news media [...] continued to be dominated by government propaganda‘. 6.4 Source [7b] is ‗Timeline: Angola‘ BBC (Last updated 19 February 2004). Source [5b] is ‗Overview of Human Rights Issues in Angola‘ Human Rights Watch (1 January 2004). The information has not been included in the October 2004 report.

Corrected the numbering in the list of sources. Source now corresponds with the main text. 5.86

(i) Corrected the numbering in the list of sources. Source now corresponds with the main text. (ii) Corrected page number. 5.89

The source has been updated to the RSF 2004 report. 6.6

Corrected the source number in the main text. 6.11

The auto-format function altered the sequence of the 6.10 Source [36i] ‗Angola: Commission to promote UNITA activities locally, abroad created‘ Angola News numbers in the list of sources. Therefore the original Agency (16 April 2002) is not the relevant source. The source reference in the main text was correct. correct source is [36h] ‗Parliament Passes Law on Freedom of Conscience‘ Angola News Agency (2 March 2004). The auto-format function altered the sequence of the 6.11 Source [36i] ‗Angola: Commission to promote UNITA activities locally, abroad created‘ Angola News numbers in the list of sources. Therefore the original Agency (16 April 2002) is not the relevant source. The source reference in the main text was correct. correct source is [36h] ‗Parliament Passes Law on Freedom of Conscience‘ Angola News Agency (2 March 2004). 6.14 Whilst this is all correct source [14] ‗Angola: Already updated 6.30-31 Promoting Justice Post Conflict‘ International Bar Association (July 2003) explains the rigorous procedure which groups must follow in order to gain legal status. A group must have its organisational rules notarised and published in Diáro da República (the official government bulletin), and then present its papers to the Ministry of Justice. The Ministry can deprive groups of legal status by refusing to accept their papers. Although groups without legal status can still exist without government interference they are unable to function with optimal effectiveness.

Corrected the numbering in the list of sources. Source now corresponds with the main text. 6.25

Corrected the numbering in the list of sources. Source now corresponds with the main text. 6.27

6.15 Source [2a] (p8) ‗Country Reports on Human Rights Practices – 2003: Angola‘ US Department of State (25 February 2004) continues ‗and makes participants liable for offenses against the honor and consideration due to persons and to organs of sovereignty‘ (sic). The auto-format function altered the sequence of the 6.22 Source [36j] ‗5007 Ex-UNITA Soldiers Drafted into the National Army‘ Angola News Agency (19 June numbers in the list of sources. Therefore the original 2003) is not the relevant source. The correct source is source reference in the main text was correct. [36i] ‗Angola: Commission to promote UNITA activities locally, abroad created‘ Angola News Agency (16 April 2002).

Included the suggested text from the USSD report. 6.36

Corrected the numbering in the list of sources. Source now corresponds with the main text. 6.48

6.23 Source [36l] ‗Angola Strike: Varsity Lecturers and The auto-format function altered the sequence of the numbers in the list of sources. Therefore the original Staff Demonstrate‘ Angola News Agency (27 July 2003) is not the relevant source. The correct source is source reference in the main text was correct. [37k] ‗UNITA Apologises Angolans for War Partaking‘ Angola News Agency (6 January 2003).

Corrected the numbering in the list of sources. Source now corresponds with the main text. 6.51

6.27, 6.30, 6.52, 6.53 This is the total extent of the Have extended the sections on FLEC activists 6.57 – information supplied by CIPU with regard to 6.65 and Cabinans (including references to FLEC. government/FAA abuse of perceived FLEC members. 6.98 – 6.110 It overlooks the extent of the problem, the fact that the Country Report states that abuses were committed by Government forces. 6.59, 6.101, 6.103 majority of human rights abuses are committed by government forces, and lacks serious judgement with Have made clear that this is the Government's view not regard to the quote from the Angolan government that CIPU‘s. Have also included an opinion that clashes were these human rights abuses are not institutional continuing. behaviour. It should also be noted that the situation has not in fact improved, despite the comments from the FCO above, according to media articles which postdate this visit.

6.28 Source [8u] ‗Cabinda separatists call for an end to hostilities‘ IRIN News Agency (21 August 2002) actually says ‗Separatists rebels [FLEC-FAC] in the oilrich enclave on Wednesday accused the Angolan government of stepping up a military offensive, and warned they would not participate in peace talks until hostilities ended‘.307 Whilst in source [52] ‗Cabinda Faction Views Dialogue with Government as ―Premature‖ Radio France Internationale, Paris (12 September 2002) there is no indication of the Government‘s willingness to hold ‗broad consultations‘ on the status of Cabinda‘. The source actually says that ‗FLEC-R has issued a statement in Lisbon, calling for dialogue with the Luanda government‘, and that ‗FLEC-FAC‘s foreign relations secretary, said that it was premature to talk about dialogue with the Luanda authorities‘.

(i) Changed current text to direct quote as suggested. (ii) Removed the next sentence and replaced with: ―The ISS report August 2003 noted that any possibilities of an immediate reconciliation over the status of the province was brought to an abrupt halt following a major offensive launched by the FAA in mid September 2002.‖ 6.62

The auto-format function altered the sequence of the 6.29 Source [36w] **No Headline Found** Angola News Agency (2 April 2004) is not the relevant source. numbers in the list of sources. Therefore the original The correct source is [36u] ‗MPLA Announces Peace source reference in the main text was correct. Plan for Cabinda‘ Angola News Agency (18 February 2003) It should also be noted that the Government has been Have already expanded on information about Cabinda. 6.107 accused of deliberately trying to divide the FLEC factions through its contradictory actions, i.e. making pronouncements in favour of negotiations whilst at the same time stepping up military action. This pattern has been repeated during attempts at negotiation, leading to accusations that the government is trying to sabotage peace efforts .In May 2004, the President of Angola, Dos Santos, was recorded as saying ‗there is no war‘ in Cabinda. However, this is strongly denied by civil rights activists in the area. According to one such person: ‗Nothing has changed. Just two weeks ago in Baca Cosse municipality, a number of civilians were caught in the fighting between the FAA (government army) and FLEC-FAC.

Corrected the numbering in the list of sources. Source now corresponds with the main text. 6.63

6.39 This quote actually comes from section 6.d or page 15 of source [2a] ‗Country Reports on Human Rights Practices – 2003: Angola‘ US Department of State (25 February 2004). 6.41 This quote actually comes from section 6.f or page 16 of source [2a] ‗Country Reports on Human Rights Practices – 2003: Angola‘ US Department of State (25 February 2004). 6.54 Source [36p] ‗Army Announces Death of UNITA The auto-format function altered the sequence of the Generals, Capture of Brigadiers‘ Angola New Agency numbers in the list of sources. Therefore the original source reference in the main text was correct. (18 February 2002) is not the relevant source. The correct source is [36o] ‗African Women Granted More Rights‘ Angola News Agency (21 July 2003). The information is on page 23 (in the footnotes) as 6.56 This Information is actually on (pp19-20) of stated. Source [5d] ‗Struggling Through Peace: Return and Resettlement in Angola‘ Human Rights Watch (August 2003 Volume 15, No.16A).

Corrected page number. 6.79

Corrected page number. 6.81

Corrected the numbering in the list of sources. Source now corresponds with the main text. 6.111

Also added page 19-20 to source reference. 6.121

6.57 This Information is actually on (pp19-20) of Changed the page number to 20. 6.119 Source [5d] ‗Struggling Through Peace: Return and Resettlement in Angola‘ Human Rights Watch (August 2003 Volume 15, No.16A). The Afrol report does mention that indications show that Used direct quote from source to save confusion. 6.59 Source [25b] ‗Afrol Gender Profiles: Angola‘ indigenous groups do not practice FGM. 6.124 Africa Online actually just says ‗When it comes to Female Genital Mutilation (FGM), there have been rare occurrences in remote areas in past years. It makes no mention of whether indigenous groups in Angola practice FGM or not. The auto-format function altered the sequence of the 6.60 Source [8m] ‗Women, War and Reconciliation‘ numbers in the list of sources. Therefore the original IRIN News (27 February 2003) is not the relevant source reference in the main text was correct. source. The correct source is [8n] ‗Government to Halve Child Mortality by 2008‘ IRIN News (2 March 2004). 6.65 Source [17p] ‗Angolan Children Being Tortured as Witches, Child Experts Say‘ United Nations (30 March 2004) also mentions that accusations of witchcraft have also led to children being abused and even killed. ‗According to rights advocates, children as young as five have been raped, stoned to death, hanged and drowned in rivers after accusations of sorcery have been levelled against them‘. 6.72 This statement does not give a totally clear picture of the actual situation. Source [8ad] ‗Millions of Kids Benefit From Campaign – UNICEF‘ IRIN News (24 June 2003) says ―45% of children suffer from chronic malnutrition‖319 and source [17d] (p2) ‗Humanitarian Situation in Angola –Monthly Analysis, Jan 2004‘ UN Office for the Coordination of Humanitarian Affairs (OCHA) (31 January 2004) says ―50% of Angolan Children continue to be affected by moderate malnutrition and malnutrition remains the underlying cause in 55% of child mortality cases. Corrected the numbering in the list of sources. Source now corresponds with the main text. 6.127

Included extra sentence from source as suggested. 6.135

Have included the quote from each source stating the different figures. 6.138

6.73 Source [31a] ‗World Refugee Survey 2003 – Angola‘ US Committee for Refugees (USCR) (June 2003) does not include the highlighted sentence.

Deleted the sentence from the report. 6.146

6.77 Source [36k] ‗UNITA Apologies Angolans for War The auto-format function altered the sequence of the numbers in the list of sources. Therefore the original Partaking‘ Angola News Agency (6 January 2003) is source reference in the main text was correct.. not the relevant source. The correct source is [36j] ‗5007 Ex-UNITA Soldiers Drafted into National Army‘ Angola News Agency (19 June 2003). Annex B This party is now led by Alexandre Sebastiao André. Annex H The Minister of Interior is now Osvaldo de Jesus Serra van Dunem. Annex J Source 18: Both the above are listed as source [18a]. Source 21: This report was actually published in May 2001 Source 25: The correct web address for this source is The web address stated in the report is correct: The http://ww.afrol.com/News/ang011_govt_victories.htm. suggested address does not work.

Corrected the numbering in the list of sources. Source now corresponds with the main text. 6.161

Updated this information. Already updated. Already corrected. Amended

Source 36: Both the above are listed as source [36d] Source 36q: This report is actually dated 2 January 2003. Source 43: Both the above are the same document.

Already amended Amended Amended

Home Office response to IAS comments China Country Report April 2004
Country China Comment (Para nos refer to April 04 Country Report) Overview a. The ―failure‖ to point out that the inclusion of an amendment (March 2004) to protect human rights in the Chinese constitution needed to be backed up by concrete measures. Reference to information from Amnesty International. Response Action taken

Accepted. The amended Constitution (Article 33) was reproduced verbatim. It was not felt necessary to comment further in this section (Section 5), which deals with State Structures. However, it is acknowledged that the inclusion of the quote from AI would help provide clarity. Amendments were made to reflect the changing nature of asylum applications and the age of the sources.

Quotes included from the USSD Report 2004 and IA highlighting the need to ensure that the amendment was respected in practice. As in previous years human rights abuses are covered in Section 6. See 5.1– 5.4

b. ―Areas central to asylum cases have been dropped.‖

Internal users have the opportunity to comment on the Report and make suggestions on any additional areas they would like to see covered. Older versions of the Country Report are retained for post decision work. Where necessary, caseworkers can approach CIPU for information on specific issues not covered in the Country Report but needed for a particular case. The section on the Uighur(s) has been expanded to include a sub-section entitled ―Resistance in Xinjiang‖. This includes information on known Uighur terrorist groups. See 6.67– 6.74 Internal users have the opportunity to comment on the report and make suggestions on any additional areas they would like to see covered. Older versions are retained for post decision work

c. The Country Report lacks a specific section on terrorism.

The issue of Uighur terrorism has been dealt with in sufficient detail for caseworkers.

d. References to the Land Law have been removed

Amendments were necessary to reflect the changing nature of asylum applications and the age of the sources. The law has been largely superseded by the March 2004 amendment to Article 33 and by the increased use of lawsuits to seek redress from government agencies/officials.

e. Minor errors in names and numbering.

Noted. New procedures have been implemented to ensure that country reports are checked more thoroughly in the future. Noted. New procedures have been implemented to ensure that country reports are checked more thoroughly in the future. This should reduce the instances of nuances being unintentionally removed. It should also result in more and fuller quotes being given, wherever possible.

N/A

f. A few instances of information being presented out of context i.e. nuances dropped.

N/A

g. Missing sources or incomplete web addresses

Sources have been re-numbered to make them more accessible and all links have been checked during the The sheer volume of the country information produced latest update. Also foreign newspapers have been on China makes the task of managing (sifting) clearly grouped as such to avoid confusion with any sources and checking links difficult. New procedures British newspapers of the same name. have been implemented to make quality assurance more robust.

Noted.

Specific errors, inaccuracies and omissions. Section 5 - State Structures 5.2 See above a. 5.3 No reference number given at the end. 5.8 The source (USSD Report 2004) does not mention the mechanism for electing the politburo on page 1.

See comments above on a. Noted. This oversight has been addressed in the latest update. Accepted. This section should have been worded differently to avoid conveying more information than was actually given in the source. This has been addressed in the latest update.

See comments above on a. Reference is given in full. See 5.3 Section re-worded. See 5.9–5.23

Noted. 5.10 Inaccurate citation. Also, wording gives misleading impression that opposition parties allowed to compete in village elections when source states only that independent candidates can stand.

Citation corrected and section re-worded. See 5.9-5.11

Accepted. This section should have been worded 5.12 Country Report describes neighbourhood differently so as not to convey more information than committees as being in terminal decline. Source (USSD Report 2004) says that they have become less was actually given in the source. Section removed. important as a means of social control. 5.15 Date of AI report should be 1997 not 1999 as stated in country report. 5.17 Country Report does not mention that reeducation through labour (RTL) can be extended by another year. Accepted.

Reference to neighbourhood committees removed since they are no longer considered relevant to asylum claims.

Accepted. This oversight has been addressed during the latest update.

5.18 Country Report quotes the source (USSD Report Noted. 2004) as saying police can hold a suspect for a month before trial when in fact it should be months. 6.19 [sic] 5.19 Country Report quotes official figures of Noted. 3,600 unlawful prolonged custody cases when in fact the source says more than 3,600. 5.22 Country Report implies that the Law on Administrative Appeals (1999) that allows citizens to appeal against government infringements of their rights and interests came into force on 29 April 1999 when in fact it didn‘t come into force until 1 October 1999. 6.29 [sic] 5.29 Country Report states that the use of mobile execution vans is on the rise in China. The source cited (BBC news report) makes no mention of this. 6.30 [sic] 5.30 wrong number used.

Country Report no longer relies on this source due to its age and legal developments in the PRC since publication. Country Report now mentions the possibility of an inmate‘s time in RTL being extended by another year from 3 to 4 years See 5.69–5.71 Passage re-worded to make it clearer that the police can hold a suspect for months.

Passage re-worded to read at least 3,600 people being detained unlawfully See 5.32

The date 29 April 1999 refers to the date of the report Passage re-worded to include reference to (source). There is often a time lag of a few months 1 October 1999 start date. between legislation being passed and formally See 5.29 adopted.

Accepted. This source has clearly been used in error, Passage deleted. with the correct BBC report being deleted.

Noted.

Corrected.

5.38 Country report states that the form of administrative detention known as Custody and Repatriation was abolished on 1 August 2003. ―Source [14n] does not appear to suggest that the overall policy and practice known as custody and repatriation would be abolished rather that this policy with regard to beggars and vagrants in urban areas will be abolished.‖

Not accepted. The USSD Report 2004 makes it clear that it is the whole system of Custody and Repatriation that was abolished. RTL remains intact. Contrary to the reviewer's assertion, this issue is covered elsewhere in the Country Report (see 5.17).

Section re-written in line with requests from caseworkers for more sub-headings. 6.169–6.171 (RTL) 6.164–6.65 (Custody and Repatriation)

5.39 Minor errors in the reporting of the death of Sun Accepted. Zhigang (spelt incorrectly as Zhiang). Stopped for not carrying his registration document not ID card. Also beaten to death by inmates not guards. 5.44 Source not listed in Annex J. 5.46 Typo, should read According to a report by… not According to a reported… 5.47 Lack of information on healthcare, specifically reference to website rather than a summary. Noted. Noted.

As above - section re-written.

It has been amended for the latest update. Passage deleted.

As medical issues are rarely if at all raised in Chinese However, this section has been expanded to make asylum claims, it was considered that the information reference to the number of hospital beds and presented was sufficient. physicians. There are also references to the quality of care and the level of health insurance. See 5.75–5.98 Accepted. Figures corrected and fuller quote used to illustrate the level of under reporting/testing. See 5.83–5.98

5.49 The Country Report states that government figures show 849,000 people are infected with AIDS. The correct figure is 840,000. The Country Report also doesn‘t specify how much of an under estimate these figures are. 5.51 Report downplays the level of government assistance to those infected with HIV/AIDS.

Not accepted. The article is reported accurately, with None. the emphasis on the treatment available to sufferers instead of the preventive measures being undertaken by the government. This is because the former is of greater relevance to deciding claims for asylum. Accepted. Accepted. Accepted. Addressed in the latest update. Addressed in the latest update. Section deleted.

5.56 Source missing 5.57 web address missing 5.58 Source missing from Annex J plus possible discrepancy over the date of one report.

Section 6 - Human Rights 6.162 Section should read see below Muslims not see Accepted. above Muslims. 6.166 Sources missing from BBC website

Section on Muslims has been reworded. See 6.61– 6.79

Hardcopies of all sources are available upon request. Section on Koreans has been re-written using more recent sources. See 6.195– 6.199 Not accepted. Date of source is dated correct. So too See above. is the figure of over 100. It may be possible that the reviewer is looking at the wrong news report. Link: http://news.bbc.co.uk/1/hi/world/asiapacific/2250395.stm

6.167 Country Report states that by September 2002, 36 N. Korean asylum seekers had been flown to Seoul, taking the number to over 100 flown out so far in 2002. Source gives the figure of 140. Source (BBC news report) should also be dated 12 October 2002 not 12 September, as stated in Country Report.

6.168 Country Report states that the UN signalled its willingness to assist N. Koreans inside China get to their destination of choice. UN representative made no such offer.

The UN representative quoted in the Report called on Quote removed. NGOs to help fleeing N. Koreans to ―report any such cases…Then, I can do something‖. This is taken to mean that he would find third countries willing to accept them.

Use of word 'criminal' not considered misleading. Also a query over the context of the word 'criminal' i.e. it needs to be made clear that the Chinese government is referring to people who commit criminal acts while in the PRC.

6.172 Mistake over the size of Tibet.

Accepted.

Section deleted.

6.175 Dispute over the number of political prisoners in Tibet and elsewhere in PRC. Country Report gives figures of 90 political prisoners within Tibet (TAR)… with around a third of Tibetan political prisoners detained outside Tibet, mainly in Sichuan province. Correct figures are two thirds (68%) detained outside of Tibet with just over half (53%) detained in Sichuan.

Also typo, 'Tibetan' instead of 'Tibet'.

Figures in the Country Report are from Table 1 within the source, which concludes, ―A year ago political prisoners outside the TAR accounted for 27 percent of then-current detentions. Now, based on TIN data, they make up 37 percent. ‖ The reviewer is using figures from further down, which relates to detainees since 2000. Both sets of figures are correct. CIPU believes that Table 1 offers the best overview of the current situation. The exact source of the figures has been made clearer in the latest update. Noted. Typo correcetd

6.179 Drapchi prison spelt incorrectly. 6.188 Some information in this section was not present in the source. 6.190 Academic source unavailable. Unclear if the reference to Han migrants taking the best jobs is from this or AI report (which makes no specific reference to this issue). 6.199 Gaps in quote. 6.201 Clarification needed over the first sexual harassment case heard in China. The Country Repor needs to make it clear that the source is referring to the first case in Beijing not in China. 6.207 Clarification needed over new arrangements for couples wishing to get married. 6.210 Clarification needed over arrangements for dividing up property during a divorce needed.

Noted. Accepted. Hardcopies of sources are available upon request.

Corrected. Section deleted. Section re-worded. See 6.200–6.218 (Tibet)

Accepted. Accepted.

Addressed in latest edition. Section deleted.

Partially accepted. New regulations are covered is Fuller quote given from source. sufficient detail for caseworkers. Passage has been re- See 6.224– 6.228 worded. See above. Section re-worded. New source added. See 6.224–6.228

6.221 Date should be 1998 not 1999. Source does not appear to claim that the Committee couldn‘t find any other reliable evidence.

Date noted. From our reading of the source, this is what that Committee found

Corrected. Section (on forced sterilisation) re-written to include wider range of sources. See 6.232– 6.254

6.223 Date of source should read 29 January 2001 not 29 January 2004. 6.225 Date of statistics on gender imbalance are from 2000 not 2002. 6.227 Gaps in quote. 6.232 Country Report states that a court sentenced the gay lover of a 60-year old man to 1 year in jail for deliberately injuring him. Should be the other way round. Incorrect Citation of Source material

Accepted. Accepted. Accepted. Accepted.

Date amended. Section re-written. New sources added. See 6.232– 6.248 Addressed in new edition of Country Report. Source retained but used in a different context. See 6.255– 6.257

Accepted.

Sources have been re-numbered to make them more accessible and all links have been checked during October‘s update. Also foreign newspapers have been clearly grouped as such to avoid confusion with any British newspapers of the same name.

Home Office response to IAS comments DRC Country Report April 2004
Country DRC Response Action taken The US State Department Reports are, as the IAS say Report revised in the next paragraph, ―a useful source of information‖. The CIPU Report relies heavily on a relatively limited However, it is agreed that more breadth of sources should be used wherever possible, and this report has number of sources. The most extensively quoted of these is the US Department of State report for 2003. been extensively revised for October 2004, with this In fact, the following sections of the CIPU Report are point in mind. The number of individual source items used has increased from some 59 in the April 2004 entirely made up of quotes taken from the US report to over 170 in the October one, and the overall Department of State report: Judiciary; Internal Security; Prison Conditions; Human Rights – General; length has increased from 67 pages to over 100 pages. As a result most of the comments below on the April Freedom of Speech; Employment Rights; People Trafficking; Freedom of Movement; Women; Children; 2004 Report have been subsumed by the October version. Human Rights Activists; Refugees in DRC. Comment (Para nos refer to April 04 Country Report)

5.11 The US State Dept 2003 Human Rights Report on the DRC reports that citizens did not have the right to change their government peacefully in free democratic elections in 2003. The Government, nevertheless, allowed political parties to exist in 2003 and legally registered political parties were allowed to engage in political activities. Source [3b] ‗Country Reports on Human Rights Practices – 2003: DRC‘ US Department of State (February 2004) continues as follows: The law allows legally registered political parties to operate freely; however, the Government continued to arrest political activists and to block some activities, including marches and press conferences, particularly of parties who had not registered under the terms of the law (emphasis added).‖

This section is intended to be largely factual on the Point covered subject of the political system of the DRC. It has been revised in the October issue and the reports about human rights are in Section 6 Human Rights - Freedom of Association and Assembly, including quotations from USSD 2003 and Human Rights Watch about political activities.

5.17 Section on Military Service omits information from source used [9].

Omitted information is adequately covered in what is a None. very detailed summary of the penalties for military service offences.

5.25 Source [3b] ‗Country Reports on Human Rights Practices – 2003: DRC‘ US Department of State (February 2004). In the original source the comments regarding health care are not limited to CPRK prison (also known as Makala prison) but apply to all large, central prisons. The original reads: The conditions in most of the large, central prisons were harsh, and at times life threatening. The penal system continued to suffer from severe shortages of funds and trained personnel; however, the Government continued to make efforts to respond to NGO complaints about prison conditions, particularly at Makala. Health care and medical attention remained inadequate, and widespread infectious diseases were a problem; however, a prison doctor was available.527 Furthermore, following the final passage which states that ‗the ICRC and other NGOs were not allowed access to the illegal detention facilities‘, the source continues ‗where many detainees were held, questioned, and frequently subjected to abuse.

The section on prisons has been revised in October Section revised. 2004 using a number of additional sources, including a report on DRC prisons by MONUC, the ACCORD/UNHCR seminar of June 2002, the International Centre for Prison Studies, King‘s College London, and the ICRC.

5.31 According to a Swiss Federal Office for Refugees report dated September 2001, a trade in medicines and medical equipment has been organised in Kinshasa for persons with little financial means. […] [10] (page 8). Source [10] ‗Findings of the Analysis Section of the Swiss Federal Office for Refugees on the Country Situation in the Democratic Republic of Congo‘ Swiss Federal Office for Refugees (September 2001) actually reads: ‗a trade in medicines and medical equipment has been organised in Kinshasa with the risks that this involves (poor quality or non-sterilised material, out-of-date medicines, etc.) for persons with little financial means.‘ (emphasis added)

This reference has been removed in the October 2004 Report

5.35 Information regarding the MSF objective of providing 150 patients with ARV treatment should be considered in relation to the National HIV/AIDS seroprevalence rates. According to the World Bank, the national HIV/AIDS program estimates that, as of 2003, about 3 million people live with HIV/AIDS [in DRC], which represents an average prevalence rate of 5 percent among the adult population. But studies have indicated that infection rates within certain cohorts could top 20 percent. 530

The section on HIV/AIDS has been expanded with reference to a number of sources that set out the overall country situation and place the MSF initiative in context.

Section revised

5.36 According to the US State Dept 2003 DRC Human Rights Report, […] Extremely poor economic circumstances often hampered parents’ ability to afford these added expenses and many children were not. Source [3b] ‗Country Reports on Human Rights Practices – 2003: DRC‘ US Department of State (February 2004) goes on to report that girls are disproportionately affected by these problems. 6.3 The US State Dept 2003 Human Rights Report on the DRC reports that the human rights record in areas not under government control was extremely poor in 2003. […] Violence and rapes committed against women and children were serious problems […] [3b] ( pages 2 - 3). Source [3b] ‗Country Reports on Human Rights Practices – 2003: DRC‘ US Department of State (February 2004) also reports that violence and rapes committed against women and children ‗occurred with impunity‘. This section has also been revised. It contains clear references to violence and rape with impunity. These are also covered in the sections on Women, Children and Security Situation.

This section has been revised, and this point covered, in the October 2004 Report

Section revised

6.5 The US State Dept 2003 Human Rights Report on The section on Political Activists in the October 2004 Report includes this point. the DRC reports that [...] During 2003, the Government arrested, detained, beat, harassed and intimidated journalists […] [3b] (page 12). Source [3b] ‗Country Reports on Human Rights Practices – 2003: DRC‘ US Department of State (February 2004) also reports that opposition politicians and individuals critical of the Government or President Kabila's political party are subject to the same treatment. This information is not given in the section on political activists (6.20-22)

Section revised

6.11 According to the "Attacks on the Press 2003" CPJ report, […] i n areas not under government control, media workers have had to work under the authority of local officials […] [19] (page 2). Source [19] ‗Attacks on the Press 2003: DRC‘ Committee to Protect Journalists (2003) actually states: ‗media workers continue to be at the mercy of local officials who operate with impunity‘.

This section has also been revised and contains quotations from several sources, including this one.

Section revised

6.17 The US State Dept 2003 Human Rights Report on the DRC reports that in areas outside government control, respect for freedom of religion was poor in 2003. RCD-Goma soldiers committed human rights abuses in the areas they controlled in 2003. […] [3b] (pages 15 - 16). Source [3b] ‗Country Reports on Human Rights Practices – 2003: DRC‘ US Department of State (February 2004) also reports that Rwandan troops committed human rights abuses in the areas they controlled in 2003.

This section has also been revised and includes Section revised quotations about the situation in the east of the country in 2003.

6.19 The US State Dept 2003 Human Rights Report This section has been revised in the October Report and includes this particular quotation. on the DRC reports that […] The Government requires all organisers of public events to apply for permits obtained from city government authorities. The law automatically allows organisers permission to hold a public event unless the city government authority in question denies permission in writing within 5 days of receiving the original application. [3b] Source [3b] ‗Country Reports on Human Rights Practices – 2003: DRC‘ US Department of State (February 2004) goes on to note ‗Some NGOs reported that in practice, the city administration sometimes denied permission for an event, mostly on the grounds of preserving public order, after the 5-day period by backdating the correspondence.‘

Section revised

6.19 The US State Dept 2003 Human Rights Report This section has been revised in the October Report and includes this particular quotation. on the DRC reports that […] In 2003, the security forces often dispersed protests, marches or meetings that had been held without official permission [3b] (page 14). Source [3b] ‗Country Reports on Human Rights Practices – 2003: DRC‘ US Department of State (February 2004) goes on to note 'During the year, the Government occasionally harassed opposition parties during private meetings [..] Security forces forcibly dispersed political party press conferences and rallies on several occasions, usually on the grounds that the party had not registered with the Ministry of the Interior, in accordance with the law on political activity, or that demonstration organizers had not notified city authorities of the event.'

Section revised

6.21 According to information obtained from the British Embassy in Kinshasa dated February 2003, most political parties have little political significance. Most political parties have a small membership and no formal 0rganisational structure. They are often based on family ties or a loose association of likeminded persons. Posts are not allocated on merit but on the basis of family relationships or ethnic affiliation [22g]. (Emphasis added) Source [22g] Letter from the British Embassy in Kinshasa (11 February 2003). The sections in bold above do not appear in the source document.

In the October Report this aspect has been covered under Section 5 Political Parties by reference to a number of sources. The reference to the FCO information has been amended.

Amendment made

Section revised 6.25 The US State Dept 2003 Human Rights Report This section has been revised with reference to a on the DRC reports that the law recognised the right number of sources and this point has been addressed. to strike in 2003 but legal strikes rarely occurred because the law requires unions to have prior consent and to go through compulsory, lengthy arbitration and appeal procedures. […] [3b] (page 24). Source [3b] ‗Country Reports on Human Rights Practices – 2003: DRC‘ US Department of State (February 2004) also reports that ‗Labor unions were not able to effectively defend the rights of workers in the deteriorating economic environment.‘

6.26 The US State Dept 2003 Human Rights Report on the DRC reports that […] Most people living in rebel-controlled areas were employed in subsistence agriculture or commercial activity outside the formal employment sector in 2003. Robbery, extortion by armed groups and insecurity compelled families to leave their homes and crops in 2003, which led to these families suffering severe economic hardship. […] [3b] (page 26).

This paragraph does in fact appear to be mainly about the situation in areas under rebel control in 2003, although it is agreed that there is an inference as stated. The whole paragraph reads:
―In areas not under government control, rebel authorities did not address employment issues or health and safety standards. There were few jobs available in the formal sector. Employees of RCD/G-controlled parastatals remained unpaid. Most citizens in rebel-controlled territory were engaged in subsistence agriculture or commerce

Section revised

Source [3b] ‗Country Reports on Human Rights Practices – 2003: DRC‘ US Department of State (February 2004). The information selected for the CIPU report gives the impression that these problems only arise in rebel controlled areas. However, when read in full, this quote makes it clear that there is also a problem in government controlled areas, although it is relatively less severe than in rebel held areas. ‗Due to extended pillaging, extortion by armed groups, and instability forcing families to flee their homes and crops, poverty and economic hardship generally were more severe in areas held by rebels than in areas under government control.‘

outside the formal wage sector. The average wage did not provide a decent standard of living for a worker and family. Due to extended pillaging, extortion by armed groups, and instability forcing families to flee their homes and crops, poverty and economic hardship generally were more severe in areas held by rebels than in areas under government control. Most citizens relied on informal economic activity, humanitarian aid, and scavenging in the forests. Salary arrears for police, soldiers, and other public officials encouraged extortion and theft from the population.‖

The section has been revised in the October Report, and the situation of the civil population in the east of the country is also addressed under Section 6C Security Situation

6.27 Reviewer suggests inclusion of additional information from the source used regarding trafficking of children and child prostitution. 6.28 Suggested inclusion of further information from source about the resumption of commercial flights between former government-controlled territory and former rebel-held areas resumed and the risk of rape and police harassment at roadblocks.

These issues are covered at greater length in the Section revised October Report under People Trafficking, Women, and Children The October 2004 Report contains the information about resumption of commercial flights. The issue of rape and police harassment at roadblocks has not been mentioned specifically, although harassment by rebel soldiers is mentioned. However, the general situation of the population with regard to the illegal activities of the security authorities is set out in a number of sections, including Internal Security, Human Rights Issues, Employment Rights, Women, Children, Security Situation

6.31 The US State Dept 2003 Human Rights Report The section on Women in the October 2004 Report on the DRC reports that many women have suffered refers to these issues, as does the section on the Security Situation. from domestic violence and rape. The police rarely got involved in domestic disputes in 2003 and rapists were rarely prosecuted although assault and rape are crimes. […] [3b] (page 19 - 20). Source [3b] ‗Country Reports on Human Rights Practices – 2003: DRC‘ US Department of State (February 2004) also reports: ‗There were no laws prohibiting spousal abuse or assault.‘ Not mentioned in this section are the issues of prostitution and the treatment of women in rebel areas.

Section revised

The section on Child Soldiers in the October 2004 6.51 Country Report omits second part of sentence Report gives information from a range of sources and from USSD regarding Child Soldiers. Original includes this point. sentence reads: There were no reports that the Government was actively recruited children; however, according to Amnesty International, there were numerous reports that it provided military support to armed groups such as the Mai Mai and the RCDML, which continued to recruit and use child soldiers. (emphasis added). 6.52 - 6.57 Source [27] ‗Bundu dia Kongo‘ Belgian CEDOCA (2003) - English translation (printed in French). Despite reproducing large amounts of information from the original source, these sections fail to explain why BDK members have been targeted by the DRC authorities. A more effective explanation is given in a UN General Assembly document which confirmed that the Kinshasa government had repressed members of the BKD, noting that the ‗Government regards religious congregations as enemies who are allied with rebellion or aggression.‘ Also, according to the BDK‘s spiritual leader, Bernard Mizele Nsemi, the BDK has been portrayed as a separatist movement.

Section revised

The section on the BDK has been revised in the Section revised October 2004 Report. The revision includes the statement from the USSD Religious Freedom Report of 2003 that ―The Government banned the group "Bundu dia Kongo" on the basis of its separatist political beliefs.‖ Note that there is conflicting information about the name of the leader of the BDK. It is most likely to be Ne Muanda Nsemi, not Bernard Mizele Nsemi. This is covered in the October Report.

6.58 According to a Belgian CEDOCA 2002 FactFinding Mission Report on the DRC, the security situation in the DRC for former FAZ soldiers has improved since Joseph Kabila became president in January 2001. […] [24] (pages 23 - 24). Source [24] 2002 Fact-Finding Mission Report on the DRC‘ Belgian CEDOCA (October 2002). This section fails to reflect the source documents conclusion that ex-FAZ members suspected of collaboration with the enemy may still face persecution.

The section in the October 2004 Report on Former Soldiers of Mobutu Regime including FAZ sets out a range of information referring to ex-FAZ soldiers, including this point.

Section revised

Section revised 6.61 […] According to the CEDOCA report, persons The section in the October 2004 Report on Persons who were closely associated with the MPR during the Associated with the Mobutu Regime sets out a range of information, including this point. Mobutu regime are not at risk of persecution by the security forces and can therefore return to the country if they are abroad [24] (page 23). Source [24] 2002 Fact-Finding Mission Report on the DRC‘ Belgian CEDOCA (October 2002). This section fails to adequately reflect the source document's conclusions. The actual conclusion reads ‘If Mobutu’s followers are not suspected of collaboration with the enemy, they are no longer persecuted.‘ (emphasis added).

6.67 Incorrect figures given regarding numbers of refugees from neighbouring countries. 6.85 According to information obtained from the British Embassy in Kinshasa in February 2003, […] In each case, the subject of the warrant is shown but not given the warrant. It is therefore not legally possible for a person, subject to an arrest, to obtain the relevant arrest warrant from a police officer [22g]. (Emphasis added) [22g] ‗Documentation in the DRC‘ Letter from the British Embassy in Kinshasa to the Home Office (11 February 2003). The sentence shown in bold in section 6.85 above, does not appear in the original document.

Corrected

Amendment made

Although a logical deduction, it is correct that the words Amendment made are not stated by the source and they have been removed in the October 2004 Report.

6.89 The British ambassador to the DRC, stated in a letter of November 2002 that he had not seen any evidence since becoming the ambassador to the DRC in 2000, to indicate that returned failed asylum seekers are persecuted on arrival in Kinshasa. He also stated that the French, Belgian and Dutch governments regularly return failed Congolese asylum seekers to the DRC. Failed asylum seekers must have valid travel documents acceptable to the DRC immigration authorities before they can be returned to the DRC [22f] .

The section on this subject in the October 2004 report cites a number of sources. The section is about the treatment of returnees whose circumstances have been fully considered by the asylum application and appeal system and who are therefore due to be returned to the DRC, and should not be confused with cases where the applicant‘s situation may be deserving of protection.

Source [22f] ‗Letter on the subject of the return of failed asylum seekers to the DRC‘ British Embassy in Kinshasa (22 November 2002). This statement directly contradicts the findings of an ACCORD/UNHCR document released on the 28 November 2002, which concludes that a deportee ‗may be at risk of arbitrary detention and ill-treatment‘ if the authorities in Kinshasa discover that the person has a ‗political or military profile, or has sought asylum abroad owing to a political or military background.‘ The report goes on to highlight the dangers faced by returnees from certain ethnic groups, as well as those thought to be sympathetic to armed rebel groups. On top of this, the report comments that those deportees against whom the government holds a 'grudge' may even ‗be at risk of the death penalty.‘

The UNHCR/ACCORD seminar was sponsored by UNHCR and ACCORD (Austrian Centre for Country of Origin and Asylum Research and Documentation) for European COI workers, and was addressed by UNHCR and Amnesty International representatives whose presentations are reproduced in the meeting report. During question and answer sessions and discussions, statements are generally not attributed. The report of the discussion at the UNHCR/ ACCORD seminar of June 2002 on ‗Security threats for deported asylum seekers‘ covers from the middle of page 122 to the top of page 127 of the meeting record. It is therefore misleading to refer to one phrase from these pages, which itself is about a category that may justify the grant of protection. It is not the case that statements in the ACCORD/UNHCR seminar and the information in the British Ambassador‘s letter directly contradict each other.

Nor is it the case that UNHCR‘s position is overlooked by the Home Office. Official position statements from UNHCR make clear that they are not opposed to the return of failed asylum seekers to the DRC provided they have been found in fair procedures not to have international protection needs, and subject to provisos about the safety of certain areas, and individuals with certain profiles that deserve particular and careful consideration. CIPU has itself admitted that Information obtained from the British embassy is ‗second or third hand.‘ By contrast, whereas UNHCR country of origin information is a ‗primary source‘. The use of the phrase 'second or third hand' in relation to the alleged CIPU 'admission' has derogatory connotaions and CIPU does not accept that it has characterised the information from the British ambassador in Kinshasa in these terms, as may be construed from the use of single quotes round the phrase. Nor does CIPU consider this phrase to be a fair representation of the information, which was based on the Ambassador's knowledge of local conditions, and information that he regarded as reliable.

For a detailed discussion of the problems facing The BID letters mentioned were not found on the returnees and for criticism of the information included website quoted. [date of search 22 October 2004] in sections 6.89 & 6.90 of the CIPU report, please see the series of letters produced by BID (Bail for Immigration Detainees). http://www.biduk.org/library/policy.htm

Home Office response to IAS comments Eritrea Country Report April 2004
Country Eritrea Paragraph numbers refer to Country Report Comment (Para nos refer to April 04 Country Report) 5.11. Spelling mistake (identify for identity) Response Noted. Action taken Corrected.

5.17. Direct quote from the UK Fact Finding Mission report, not indicated by the use of quotation marks. 5.23. Incomplete quote from CIA World Factbook 2003. (―Following a successful referendum…‖ omits significant information regarding postponement of elections and sole legal political part.

Noted.

Corrected.

Agreed that the full quote should be inserted.

Actioned under ‗Political System‘ section.

5.64. Suggests adding material from AI report of May Agreed. 2004 regarding penalties for military service offences. 5.71. The report incorrectly quotes the source as [7h]. Agreed. The source paper is the AI press release of 18 September 2003 ‗Eritrea: Continued detention of prisoners of conscience and new arrests of members of religious groups‘. [7g] Consider this is now an outdated article and not 5.109. The CIPU report did not fully quote the AI report of September 2002 about the ramifications of a needed in the Oct 2004 Report. speech made by Semere Kesete in July 2001. 5.110. A quote from the Eritrean Asmarino website about student detention omits the point that this was for obstruction of legal proceedings.

AI quote added.

Corrected.

Removed.

Consider that this is now outdated and does not merit Removed. inclusion in the Oct 2004 Report.

6.2. The UK Fact Finding Mission report says that whilst the human rights situation is worrying it does not compare to that in other countries controlled by military dictatorships. This presents an overly positive view which lacks balance.

Whilst accepting that this presents a positive and optimistic viewpoint, the AI report mentioned by the researcher which provides a counter balancing opinion was not published until May 2004 (a month after the CIPU report was published. Therefore, the comment is unjustified. However, as t he need for balance is highly desirable, the quote from the AI report beginning ―Human rights violations continue in Eritrea on a massive scale….‖ is now included.

AI quote from their paper of May 2004 is included in the ‗Human Rights: Issues‘ section of the CIPU report.

6.3. Again, the UK Fact Finding Mission report says that detention conditions in Eritrea bear favourable comparison with those in some neighbouring countries. The AI report of May 2004 presents a different view.

As noted above, the AI report post dated the Country The quote from the AI report has been included in the Report. The AI quote has, however, been included in ‗Torture‘ section of the October report. the October Report.

6.29 and 6.30. There is no mention of the crackdown The AI report providing further information post dated The AI quote has been included in the ‗Freedom of the April Country Report. Religion‘ section of the October Report. by the authorities on minority churches following the quotes from the US State Department reports of 2003 about the closure of some churches and the prohibition of political activity by religious groups. 6.34. Deals with the tolerance of citizens towards one Agree that the paragraph about Jehovah's Witnesses Included under the section ‗Religious Groups‘. another in their practice of religion, quoting the USSD should be included. report on Religious Freedom 2003. The article continues, mentioning the intolerance towards Jehovah‘s Witnesses (JWs), but this is omitted from the CIPU report. Agreed. 6.38. Taken from the USSD report on Religious Freedom, this mentions the harassment and detention of members of non-sanctioned religious groups, but omits further comment from the same article about ―forced recantations…‖ Included under section on Religious Groups.

6.62. This quotes the USSD Human Rights report regarding permits being required for public meetings or demonstrations. Omits info from following paragraph regarding the arrest of several respected elders. 6.84. The article from the AI ‗Eritrea – Arbitrary detention of government critics and journalists‘ is undated. 6.85 CIPU report states ‗there were unconfirmed reports…‘ of government persecution. The word unconfirmed is not in the source document and should be deleted. 6.151. The AI Eritrea Annual report 2003 gives more information on the issue of ending the refugee status for two categories of Eritreans – firstly, those who had fled pre 1991 and secondly, during the Ethiopian war (1998-2000). The May 2004 AI report should also be quoted. 6.157. Comment on source (US Committee for Refugees – Eritrea 2001) that it is reflective of the situation in 2000, but is dated 2001. 6.167. Further contextual information from AI source dated May 1999 should be included to fairly reflect the orginal. 6.189 The CIPU report identifies the 2 most senior women members of the Eritrean Government. It doesn‘t, however, comment on the relative (to men) importance of their positions.

Agreed. For completeness this should be included.

Included in section on Freedom of Assembly and Association.

Noted.

Date entered.

Agreed.

The word ‗unconfirmed‘ deleted.

Agreed that suggested information from these two documents should be included.

Additional paragraphs can be found in the section ‗Eritreans from Sudan‘.

Consider that this item is now outdated and therefore omitted from Oct 2004 report. Agreed.

Removed.

The fuller quote can be found under the section ‗Ethiopians in Eritrea‘.

Agreed that it would be better to qualify this by further Further information added. quoting from the UK Fact Finding Mission report (pages 64 and 65) that women were under represented politically and not in any major government posts. Will clarify the position for the April 2005 Report.

6.216. The article from the Behind the Mask website Noted. dated November 2003 stated that 6 homosexuals had been arrested in Asmara, despite the legality of the practice under interim Eritrean law. The last statement contradicts the content of a Home Office letter of October 2003.

Annex B – Further information on the Eritrean Islamic Jihad from an article in ‗The Federation of American Scientists‘. Information from BBC News, January 2002,on Mesfin Hagos (Leader of Eritrean People‘s Liberation Front Democratic Party) Additional information from an article in Info Please about a breakaway faction of the Eritrean Liberation Front (ELF). Information from the Contemporary Africa Database stating a slightly different start date to Issayas Afewerki‘s presidency than that given in Europa.

Agreed that this information is useful.

Incorporated in Annex B.

Consider that this information does not differ from that No action taken. in the Europa publication already quoted. Useful extra information. Added under ELF heading in Annex B.

Not considered of sufficient importance to add this to the Annex.

No action taken.

Information from Gabeel stating that Ahmed Nasser Agreed that this information supercedes that given in had abandoned his position as leader of the ELF-RC. Europa.

Detail regarding Ahmed Nasser amended.

Home Office response to IAS comments India Country Report April 2004
Country Comment India (Para nos refer to April 04 Country Report) Overview The CIPU report is broadly accurate, however, it relies extensively on the US Department of State Report on India and to this extent suffers from that report's inadequacies -ie that it does not cite the the sources used which means that it is not possible to verify the information relied upon. This is despite the fact that there are a number of secondary sources such as the Amnesty International reports which rely on primary evidence. The US Department of State report tends to portray the situation in India in a more positive light than the reports of Amnesty International, the United Nations and the BBC. Response Action taken

The October 2004 report for India has been referenced from a wider selection of recognised sources including Amnesty International and news reports from BBC and this process would continue for all subsequent reports.

Generally, the CIPU Report quotes from the sources used accurately. However, there are a number of mis-quotes which may be indicative of a lack of scrutiny in the preparation of the report. 5.7 This is correctly cited from the source, US Department of State [2c]. However it should be noted here that in November State Assembly elections in Jammu and Kashmir transferred power to a coalition composed of the People's Democratic Party and the Congress Party. International observers stated that the election took place in a somewhat fair and transparent manner; however some nongovernmental organanizations (NGOs) alleged that there were some flaws in the election, including that all major separatist groups boycotted the elections and there was a widespread fear of attacks by militants.

Any misquoted material which has been identified and retained in the October 2004 update has been rectified.

This is a general section on the Constitution and its Material suggested for inclusion has been incorporated provisions for citizens' rights and human rights. As the in the relevant section in Para 5.21. additional information suggested is specific to Jammu and Kashmir, it will be included under the dedicated section in the October 04 update.

5.23 Information regarding the National Security Act is an exact quote from source [2c] US Department of State 2003, despite the lack of quotation marks. Text has been omitted between the highlighted words. The source here includes the sentence 'The NSA does not define "security risks" '. 5.26 Information regarding special courts is not correctly quoted from US Department of State [2c]. The 'bill' referred to is an act not a bill. In addition the source goes on to provide information of relevance not included in the section on 'Internal Security'. 5.29 Source includes additional information which puts the information regarding prison conditions and deaths in custody into perspective. 5.41 Information attributed to a BBC online report dated 30 November 2003 'India backs low-priced HIV drugs' does not appear in the source. [32ci] 5.42 Data on number of persons with disabilities is qualified by a further sentence which has been omitted. Human Rights: 6.17 Incorrect title of 'The 1993 Protection of Human Rights Act' 6.18 The word ‗very‘ was omitted from quote. 6.19 Freedom of speech. Suggested that a further passage is included. 6.27 Religious intolerance. Suggested that a further passage is included. 6.42 Europa World Year Book – Lal Krishna Advani/procession to Hindu temple. Suggested that a further passage is included. 6.52 India‘s Supreme Court launch scathing attack on Gujarat authorities. Suggested that a further passage is included. 6.81 Grammatical error. The report does not place the word ―terrorist‖ in quotation marks. 6.96 Spelling error. Foreign 'posers' should read foreign 'powers'.

Noted.

Omitted sentence has been included in the October 04 report and the section of text has been quoted directly using quotation marks (Para 5.32).

Correction has been effected in the October 04 report and additional information suggested has been included although POTA is to be repealed by the new government. (please see Para 5.36 in the new report). Suggested information has been quoted in full in the October 04 update (para 5.54). This observation is incorrect. The information is No action necessary. contained in the BBC report mentioned and has been accurately sourced. Sentence has been included in the October 04 report.

This was overlooked. Amended. Noted. Noted. Agree that the further information is needed.

Will change for next edition if source is still current. Paragraph can now be found at 6.17. Will add to April 2005 update if used. Will add to April 2005 update if used. Amended to include the further information, but paraphrased. Now found at 6.43

Agree that the further information should be included. Amended to include the further information, but used different source. Now found at 6.53 Amended. Amended. Quotation marks removed. Now found at 6.81. Spelling error corrected. Now found at 6.99.

6.97 break the cycle of impunity and torture in Punjab. Paraphrasing leaves out important information.

Suggestion accepted. Paragraph changed to more fully reflect the source.

Now found at 6.100

Agree. 6.101 Further detail would be useful – too much weight placed on the NHRC. Suggested that further information be included. 6.106 Inaccurate rendering of the source. Suggested that Agree. Amendments made but the suggested inclusion of additional information not considered further information be included. necessary. Agree. 6.115 Duplication of paragraph at 6.106 (now 6.111) Agree. However, was necessary for the section 6.131 Duplication of paragraph at 6.115 (now 6.111) ‗Current situation in Punjab‘. 6.132 Add further sentences clarifying that AI made claims This was overlooked. that Human Rights defenders subject to harassment etc. 6.134 Add further information regarding guidelines on arrest and detention. 6.135 Paraphrasing of source regarding police disciplinary action – suggested that further information be added. 6.161 Further information from source suggested regarding trafficking, prostitution etc 6.165 Information regarding position on refugees and asylum misquoted from source. 6.171 Text omitted from quote regarding militant group in Kashmir. 6.210 Suggested that full sentence regarding attacks by militants in Kashmir is quoted. 6.214 Jammu and Kashmir / extrajudicial killing suggested that further information be added. 6.231 Jammu and Kashmir / detention centres. Suggested that further information be added re ICRC access. 6.236 Suggested inclusion of further information on male female sex ratio. Suggested paragraph added. Amended to fully reflect source material. This was overlooked. Agree. Suggested sentence added. Noted.

Further information was introduced in line with suggestion. Now found at 6.105. Amended. Now found at 6.111

Removed. Paraphrased in paragraph 6.123. Will change for next publication if source is still current.

Added. Now found at 6.130. Added. Now found at 6.153.

Amended. Now found at 6.158. Amended. Now found at 6.163. Will change for next publication if source is still current. Amended. Now found at 6.182. Amended. Now found at 6.214. Will add to April 2005 update.

Accepted. The section on Women has been reorganised and includes a new section entitled Gender Imbalance.

The suggetsed quote has been included at para 6.256 of the new report.

6.236 Pointed out that text had been omitted from a quote on female mortality rates without that being indicated. 6.250 Repetition of quote from USSD 6.259 Suggested inclusion of continued quote from USSD on rapes. 6.264 Pointed out that text had been omitted from a quote regarding rape. 6.264 Incorrect date in quote on activists being told of under reporting of cases. Should have been December 2000 not 2002. 6.265 Suggested including a further sentence from the source on the vulnerability of women 6.269 Suggest that the quote on rise of reported crimes has been taken out of context and should be longer. 6.281 Suggested that quote on affirmative action on women's issues is out of context and should be longer. 6.288 Saski incorrectly spelt should be Sakshi 6.298 Children / bonded labour. Inaccurate rendering of quote. Suggested that further information be added. 6.306 Suggested that further information be added regarding law on homosexuality. 6.307 Section on homosexuals - text omitted, without indication. 6.311 Information on gay community taken out of context – full source not used. 6.316 The paragraph fails to explain the problems encountered by many Christians. 6.323 According to the source, the situation for human rights groups is more serious than the extract implies. 6.324 Omissions and further information regarding human rights group suggested for inclusion.

Accepted.

The quote at para 6.260 of the October 2004 Report now indicates that text has been omitted. Repeated text deleted from October 2004 report. The suggested additional sentence has been included in para 6.282 of the October 2004 Report. Omitted text included at para 6.287 of October 2004 Report. Correct date now at para 6.288 of October 2004 Report.

Accepted. Accepted.

Accepted Accepted

Accepted

Further sentence included at para 6.289 of October 2004 Report Accepted that a longer quote could have been used to Longer quote included at para 6.294 of the October aid understanding. 2004 Report Accepted that a longer quote could have been used to Longer quote included at para 6.307 of the October aid understanding. 2004 Report Accepted Agreed. Amended at para 6.313 of the October 2004 report. Now found at 6.313. New information added. Now found at 6.325.

Agree. Paragraph removed and replaced with additional information. Agree. Agree. Suggested paragraph added.

New information added. Now found at 6.335. New information added. Further information added. Now found at 6.343. Further information added. Now found at 6.351. Amended. Now found at 6.356.

Suggested paragraph added.

Amended. Now found at 6.357.

Annex D - References to Source Material Incorrect citation of source material

These mostly relate to weblinks that are no longer active.

Will be checked and updated as necessary for April 2005 Report

Home Office response to IAS comments Iran Country Report April 2004
Country Iran Comment (Para nos refer to April 04 Country Report) 1. Specific Errors, Inaccuracies and Omissions Section 5 – State Structures. 5.3. Source [53a] ‗Iran‘s Parliament rejects bill to grant citizenship to Afghans married to Iranian women‘ Payvand‘s Iran News (15 January 2003) only mentions the rejection of a bill to grant citizenship to Afghan spouses of Iranian women, not all foreign spouses. 5.4. Source [26b] ‗Country Profiles – Iran‘ Foreign and Commonwealth Office (last reviewed 10 March 2004) does not mention dual nationality. 5.5. Source [8a] ‗Power versus Choice‘ Human Rights Watch (March 1996) does not mention the influence of the Council of Guardians in Assembly of Experts or Local Council elections. Paragraph amended. Response Action taken

New version of Source 26b now included

This paragraph has been further updated in the October 2004 Report.

Paragraph amended.

This paragraph has been further updated in the 5.7. Source [10m] ‗Report on the Situation of Human October 2004 Report. Rights in the Islamic Republic of Iran‘ UN: Economic and Social Council Commission on Human Rights and International Instruments (28 December 1998) lists the main duties of the Committee as, inter alia, to regulate policy for the implementation of the Constitution, with particular preference which should be given to articles that contain individual and social rights of the Nation, and to submit it to the President; to submit amendatory and supplementary proposals as to laws and regulations for better and comprehensive implementation of the Constitution; and to regulate and suggest educational and research programmes, in order to familiarize the Nation of their legal rights, and to adopt appropriate approaches for discharging these rights..

Paragraph amended.

5.10. 5.10. - This paragraph is unsourced.

Paragraph 5.8 of October 2004 CR Now refers.

5.10. Paragraph sourced.

5.11. Source [4f] ‗Iran Country Report on Human Rights Paragraph 5.9 of October 2004 CR Now refers. Practices for 1998‘ US Department of State (February 1999) continues ‗however, several other applications were rejected.‘ Source [5a] ‗Iran, Iraq Reach Agreement on Pilgrims to Shia Sites‘ BBC Monitoring (9 July 1998) does not contain this information. The information is contained in source [6a] ‗New Political Party Officially Up and Running‘ BBC Monitoring (10 July 1998). 5.12. Whilst the ‗associations‘ were ‗allowed to form‘ Paragraph 5.10 of October 2004 CR Now refers. under Article 10 of the law on political parties, source [5d] ‗Four New Political Associations Receive Permits‘ BBC Monitoring (6 July 1998) does not state that the organisations were given activity permits, rather that ‗these organizations can receive permits of activity after solving their problems.‘ One other group, the Society of Legal Experts Defending Human Rights, was given an activity permit.

5.11.Source 5(a) deleted.

5.12. Paragraph amended.

5.15. Source [26d] ‗Country Profiles-Iran‘ Foreign and Paragraph 5.13 of October 2004 CR Now refers. Commonwealth Office (last reviewed 10 March 2004) no longer states this information. 5.16. Source [4k] ‗Iran Country Report on Human Paragraph 5.14 of October 2004 CR Now refers. Rights Practices for 2001‘ US Department of State (March 2002) does not differentiate between traditional and other court systems, and reads ‗the court system is not independent and is subject to government and religious influence.‘ 5.21. This information is out of date. In 2002 the role of Paragraph 5.19 of October 2004 CR Now refers. prosecutor was re-established although the appointment of the notorious Said Mortazari as Attorney General of Tehran has been denounced by numerous domestic and international sources. 5.22. Source [9b] ‗Country Report 1997‘ Amnesty International (1997) does not mention these incidents. 5.23. Source [21z] ‗Web gives Voice to Iranian Women‘ Paragraph 5.21 of October 2004 CR Now refers. BBC News (17 June 2002) does not refer to this incident.

New Source added.

" Traditional" deleted.

Paragraph updated.

Comment deleted.

New source added. 21(aa).

5.25. Source [4b] ‗Iran Country Report on Human Paragraph 5.23 of October 2004 CR Now refers. Rights Practices for 1997‘ US Department of State (January 1998) has the end of this sentence as ―[…] it remains a problem‖ which CIPU omits whilst quoting the whole of the rest of this paragraph. 5.27. Source [10s] ‗Question of the Violation of Human Rights and Fundamental Freedoms‘ United Nations: Economic and Social Council Commission on Human Rights and International Instruments (19 July 2002) does not contain this information.

Comment added.

Comment deleted.

5.29. Source [10b] ‗Report on the Situation of Human Rights in the Islamic Republic of Iran‘ United Nations: Economic and Social Council Commission on Human Rights and International Instruments (28 January 1998) does not contain the information attributed to it. The final sentence is unsourced.

Deleted

5.34. [10p](pg7) At the time of preparation of this report, Paragraph 5.31 of October 2004 CR Now refers. he had not seen a detailed description of the bill. However, according to press reports, it stipulated that exceptional tribunals like the revolutionary courts will be able to deal only with cases explicitly referred to them by law. Officials and military personnel will be tried only by Tehran‘s Criminal Courts. If this works out to be the case in practice, it will be a major improvement. The highlighted section comes from source [10p] ‗Situation of Human Rights in the Islamic Republic of Iran‘ United Nations: Economic and Social Council Commission on Human Rights and International Instruments (16 January 2002) not source [21aal] as claimed. The final sentence is not sourced.

Source amended. Final sentence deleted.

5.38. Source [9j] ‗Iran: A Legal System that Fails to Paragraph 5.35 October 2004 CR Now refers. Protect Freedom of Expression and Association‘ Amnesty International (December 2001) later comments ‗however, restrictions on freedom of expression and association in Iranian law go beyond both the Iranian Constitution and the international human rights treaties to which Iran is a state party.‘

Comment added.

5.42. Source [8g] ‗Veto on Torture Bill Condemned‘ Human Rights Watch (12 June 2002) cites the date the Bill was rejected as 9 June 2002. 5.43. This information is unsourced.

Paragraph 5.39 of October 2004 CR Now refers.

Amended

Comment deleted. Sources corrected.

5.44. By February 2003 Amnesty International had Paragraph 5.43 of 0ctober 2004 CR Now refers. recorded a total of at least 111 executions in Iran and by 28 May 2003, when the Annual Report for 2003 was published, they reported that at least 113 people, including six women, were executed, many in public. At least two people were reportedly executed by stoning and at least one execution was broadcast on television. Source [21ay] ‗Iran stops stoning of women adulterers‘ BBC News (27 December 2002) does not contain the highlighted information. The information appears to be from source [9r] ‗UA49/03 Death Penalty Iran Sasan Ale Kena‘n‘ Amnesty International (19 February 2003) and source [9z] ‗Annual Report 2003 – Iran‘ Amnesty International (May 2003). Source [9r] ‗UA49/03 Death Penalty Iran Sasan Al-e Kena‘n‘ Amnesty International (19 February 2003) and source [9s] ‗UA 49/03 Further Information‘ Amnesty International (21 February 2003) do not contain the information assigned to them.

5.45. Source [4k] ‗Iran Country Report on Human Rights Paragraph 5.44 of October 2004 CR Now refers. Practices for 2001‘ US Department of State (March 2002) mentions only that those charged with narcotics offenses, not those charged with rape and murder, may be political dissidents. The highlighted sentence is not from source [4f] ‗Iran Country Report on Human Rights Practices for 1998‘ US Department of State (February 1999). 5.46. Source [5q] ‗Iran Jails Police Official Clears Him Of Torture‘ Reuters (10 July 1999) does not contain this information. 5.47. Source [4k] ‗Iran Country Report on Human Rights Paragraph 5.47 of October 2004 CR Now refers. Practices for 2001‘ US Department of State (March 2002) has the following sentence as ‗both the regular and the paramilitary security forces committed numerous serious human rights abuses‘ which CIPU omits whilst quoting the rest of the paragraph. 5.48. Source [9a] ‗Country Report 1996‘ Amnesty International (1996) is not widely available. This section has not been checked. 5.49. Source [8d] ‘World Report on Iran‘ Human Rights Paragraph 5.49 of October 2004 CR Now refers. Watch (1999) does not contain this information. 5.50. Source [4g] ‗Iran Country Report on Human Rights Practices for 1999‘ US Department of State (February 2000) does not contain this information. The final sentence is unsourced. 5.53. Source [10r] ‗Integration of The Human Rights of Women and the Gender Perspective – Violence Against Women‘ United Nations: Economic and Social Council Commission on Human Rights and International Instruments (28 January 2002) reports that women prisoners ‗are systematically subject to rape by judges and high-ranking officials in prison. It is alleged that there are suites available in the prison for that specific purpose.‘ The quote used by CIPU is actually from source [4k] ‗Iran Country Report on Human Rights Practices for 2001‘ US Department of State (March 2002).

Comments deleted.

Comment deleted.

Comment added.

Paragraph amended.

Paragraph amended.

Paragraph amended.

5.60. Source [3c] ‗Country of Origin Information Paragraph 5.61 of October 2004 CR Now refers. Seminar. Iran Final Report‘ UNHCR Centre for Documentation and Research (June 2001) actually reads: Last year there was a bill submitted to the Majles and supported by the Army, suggesting that every year it would be possible to exempt 100,000 potential draftees provided that a sum of 10 million Rials (USD 5,700) 24 was paid. The bill was passed by the Majles and approved by the Council of Guardians but vetoed by the Leader. [emphasis added] Source [25] ‗Refusing to bear arms: a world survey of conscription and conscientious objection to military service‘ War Resistors International (1998) only mentions specific amnesties and does not contain this information. The title of this source is not given in Appendix D. Source [19] ‗Situation in Iran‘ Netherlands Ministry of Foreign Affairs (December 1998) is not readily available.

Paragraph amended. Source 25 deleted.

5.64. Source [34] ‗Revisiting ‗The Hidden Epidemic‘ A Paragraph 5.65 of October 2004 CR Now refers. Situation Assessment of Drug Use in Asia in the Context of HIV/AIDS‘ The Centre for Harm Reduction (January 2002) continues ‗It is up to the judge to distinguish whether the person is an addict or a trafficker; a positive test to opium shows the person was an addict while possession was interpreted as being a trafficker‘ which CIPU omits whilst quoting the rest of the paragraph. The omitted information is later included in 6.222. The previous paragraph within the source denotes the punishments given to those in possession of different drugs. 5.66. Source [28c] ‗Lessons learned in the Eastern Paragraph 5.67 of October 2004 CR Now refers. Mediterranean RegionMental Health‘ WHO (June 2000) does not contain this information and talks about the ‗continued low priority attached to mental health‘ as one of the constraints to mental health care in the region. This information is contained in source [27] ‗Mental Health Care in the Developing World‘ Psychiatric Times (January 2002).

Paragraph amended.

Source amended.

5.67. Sources [28b] ‗Project Atlas‘ WHO (2002) and Paragraph 5.68 of October 2004 CR Now refers. [28c] ‗Lessons learned in the Eastern Mediterranean Region Mental Health‘ WHO (June 2000) do not contain this information. 5.71. Source [21aat] ‗Iranian Government approves Anti Paragraph 5.70 of October 2004 CR Now refers. AIDS/HIV Virus Directive‘ BBC Monitoring (23 August 2003) does not contain this information and states there have been 674 deaths from the illness. 5.73. The above sentence is unsourced. Section 6 - Human Rights 6.6. Source [4b] ‘Iran Country Report on Human Rights Practices for 1997‘ US Department of State (January 1998) does not contain the information assigned to it above. Source [4f] ‘Iran Country Report on Human Rights Practices for 1998‘ US Department of State (February 1999) states ‗systematic abuses included‘ not ‗there were reports of systematic human rights abuses‘ [emphasis added]. Paragraph 5.75 of October 2004 CR Now refers.

Sources 28b and 28c deleted.

Paragraph amended.

Source added. Paragraph updated. USSD 2003.

6.8.Information from source [10a] ‗Question of the Violation of Human Rights and Fundamental Freedoms‘ United Nations: Economic and Social Council Commission on Human Rights and International Instruments (1 April 1998) is given in the present tense present tense despite being six years old. Source [9b] ‗Country Report 1997‘ Amnesty International does not contain information about the rule of law or the condemnation of terrorism. Source [5h] ‗Transcript of interview with Iranian President Mohammad Khatami‘ CNN (7 January 1998) is six years old. 6.9.Source [47a] ‗Freedom in the World 2003‘ Freedom House (June 2003) is outdated. The February 2004 parliamentary elections resulted in a landslide conservative victory following the disqualification of many reformist candidates. See source [21aaah] ‗Predicted win for Iranian hardliners‘ BBC News (25 February 2004)

Paragraph section deleted.

Paragraph section deleted.

6.10. Source [10m] ‗Report on the Situation of Human Paragraph 6.9 of October 2004 CR Now refers. Rights in the Islamic Republic of Iran‘ United Nations: Economic and Social Council Commission on Human Rights and International Instruments (28 December 1998) has the full sentence as ‗Progress is being made, notably in the area of freedom of expression, but it faces considerable resistance‘ whereas CIPU leaves the critical clause of the sentence unsourced. In source [4f] ‘Iran Country Report on Human Rights Practices for 1998‘ US Department of State (February 1999) the following sentence from that quoted reads ‗A trend toward greater freedom of expression and thought was reversed late in the year through arbitrary arrests, the closure of reform-oriented publications, and the murders of several dissident writers‘, which contradicts the partially quoted information from source [10m].

Source added. New sentence added.

6.11. Source [10b] ‗Report on the Situation of Human Rights in the Islamic Republic of Iran‘ United Nations: Economic and Social Council Commission on Human Rights and International Instruments (28 January 1998). This comment is six years old and bears no testimony to the efforts or otherwise of the IHRC to uphold the Paris Principles. 6.13. Source [4k] ‘Iran Country Report on Human Rights Paragraph 6.10 of October 2004 CR Now refers. Practices for 2001‘ US Department of State (March 2002) does not contain this information. 6.14.The information is contained in source [10i] ‗Report on the Violation of Human Rights and Fundamental Freedoms‘ United Nations: Economic and Social Council Commission on Human Rights and International Instruments (20 April 1998) rather than source [10l] and should be dated 22 April 1998. Furthermore the source is six years old and does not state what changes have occurred since the Commission voiced its concerns. 6.21. Source [8h] ‗World Report 2003‘ Human Rights Watch (January 2003) does not contain this direct quote. Paragraph 6.17 of October 2004 CR Now refers.

Paragraph deleted.

Source amended. Paragraph amended.

Paragraph deleted.

Paragraph amended.

6.26. Source [1aax] is not listed by CIPU. The Paragraph 6.22 of October 2004 CR Now refers. information is partially contained in source [21aax] ‗Agent charged with journalists murder‘ BBC News (22 September 2003) although the actual title is ‗Agent charged over journalist death.‘ 6.28. Source [29b] and [29c] are from the Committee to Paragraph 6.24 of October 2004 CR Now refers. Protect Journalists not the Council for the Protection of Journalists as cited by CIPU. The information attributed to source [29c] could not be found. 6.33. Source [8c] ‗Middle East Overview‘ Human Rights Watch (1996) is eight years old. 6.40. Source [5w] does not contain this information. Paragraph 6.33 of October 2004 CR Now refers. 6.41. This paragraph is not sourced. Paragraph 6.34 of October 2004 CR Now refers. 6.44. Although not stated by CIPU, this source relates to Paragraph 6.36 of October 2004 CR Now refers. events in 2003 (not 2001 as indicated above). The figures cited are not contained in source [29].

Source amended to 70a.

Paragraph amended.

Sentence deleted. Source corrected. Paragraph sourced. Paragraph amended and resourced.

6.45. Source [29] does not contain this information. 6.46.Source [9p] does not contain this information. 6.47. Source [38b] does not contain this information.

Paragraph 6.37 of October 2004 CR Now refers. Paragraph 6.38 of October 2004 CR Now refers. Paragraph 6.39 of October 2004 CR Now refers.

Source amended. Paragraph replaced. Paragraph replaced.

6.49.This highlighted statement is directly contradicted Paragraph 6.41 of October 2004 CR Now refers. in the next paragraph 6.50 and also by objective evidence such as source [38d] ‗Measures to stifle the Internet‘ Reporters without Borders (18 June 2003) and [29] ‗Middle East and North Africa‘ Committee to Protect Journalists (undated). .Source [9q] does not contain the information assigned to it.

Paragraph replaced.

6.50.Source [26i] ‗Human Rights Annual Report 2003‘ FCO (18 September 2003) does not say the material blocked was deemed immoral or threatening to state security. .Source [38d] ‗Measures to stifle the Internet‘ Reporters without Borders (18 June 2003) does not say that the decree had not been implemented and lists non-government controlled ISPs that have been closed down for not filtering banned sites.

Paragraph 6.42 of October 2004 CR Now refers.

6.51. Source [21v] ‗Minister Rejects Curbs on Internet‘ BBC Monitoring (31 January 2002) is not readily available. The information is not contained in source [29]. 6.53. .Source [29] does not contain the above information assigned to it . 6.55. Source [3c] does not mention Article 13. Source [41a] does not contain this information. 6.57. The bill adopted by parliament, to equalise blood money for male members of a recognised religious minority and Muslim men, was twice rejected by the Guardian Council in January and April 2003.

Paragraph 6.43 of October 2004 CR Now refers.

Paragraph replaced.

Source 4k deleted 29 amended.

Paragraph 6.47 of October 2004 CR Now refers.

Sources deleted.

Paragraph 6.49 of October 2004 CR Now refers.

Paragraph amended.

6.63. Source [10m] does not mention Khorassan. .Source [4k] ‘Iran Country Report on Human Rights Practices for 2001‘ US Department of State (March 2002) actually states ‗Numerous Sunni clerics have been killed in recent years, some allegedly by government agents.‘

Paragraph 6.55 of October 2004 CR Now refers.

Source 10m deleted. Paragraph amended.

6.64. Source [4l] ‗International Religious Freedom Paragraph 6.56 of October 2004 CR Now refers. Report for 2002‘ US Department of State (October 2002) does not contain this information. It does read: ‗The Government estimates the Christian community to number approximately 115,000 to 120,000 persons; however, the U.N. Special Representative (UNSR) used the figure of 300,000 in a 2001 report.‘ .Iran‘s Christian community are not just Assyro-Chaldeans or Armenians, for example see source [4l] ‗International Religious Freedom Report for 2002‘ US Department of State (October 2002), ‗the majority of the Christian population are ethnic Armenians and Assyro-Chaldeans. There also are Protestant denominations, including evangelical churches‘. As is clear from subsequent paragraphs in CIPU, the situation facing evangelical churches in Iran generates a significant number of asylum claims. This final sentence is not sourced.

Paragraph updated. Final sentence deleted.

6.66. Source [4g] ‘Iran Country Report on Human Rights Practices for 1999‘ US Department of State (February 2000) does not state that no evangelical Christians have been killed since 1994 and does record ‗23 disappearances in the year between November 1997 and November 1998.‘ 6.69. Source [2p] ‗IRN29210.E‘ Canadian IRB (17 April 1998) does not contain this information. .The final sentence is not sourced. 6.70.Source [41a] ‗Danish fact finding mission to Iran‘ Council of the European Union (September 2000) talks about converts from Islam facing the death penalty and does not mention the need for them to proselytise in order to be at risk. 6.71.Source [3c] ‗Country of Origin Information Seminar. Iran Final Report‘ UNHCR Centre for Documentation and Research (June 2001) – which is three years old – goes onto say that depending on the credibility of the case ‗those who converted in Iran should definitely be recognised [as refugees], as the risk they have taken is very great and….

Paragraph 6.56 of October 2004 CR Now refers.

Paragraph rewritten.

Paragraph 6.57 of October 2004 CR Now refers.

Paragraph rewritten. Final sentence deleted.

Paragraph 6.60 of October 2004 CR Now refers.

Proseletysing deleted.

Paragraph 6.61 of October 2004 CR Now refers.

Sentence deleted.

6.72. Source [2q] ‗IRN22544.E‘ Canadian IRB (4 Paragraph 6.62 of October 2004 CR Now refers. January 1996) does not contain this information. 6.74.This paragraph is unsourced but the information comes from source [4h] ‘Iran Country Report on Human Rights Practices for 2000‘ US Department of State (February 2001). 6.78. Source [4k] does not contain this information. Paragraph 6.65 of October 2004 CR Now refers. 6.80. This is misleading as it relates the reporting period Paragraph 6.67 of October 2004 CR Now refers. of source [4o] ‗International Religious Freedom Report for 2003‘ US Department of State (December 2003) rather than the CIPU report. 6.85. Source [56b] does not contain this information. Paragraph 6.72 of October 2004 CR Now refers.

Source corrected. Deleted in October 2004 CR.

Paragraph amended. Dates Added.

Sentence deleted. Paragraph amended.

6.86. Source [4m] does not contain information about Paragraph 6.73 of October 2004 CR Now refers. the deaths of Bahá‘í conscripts. The second sentence refers to a ‗recent change in the law‘ that is not explained. Presumably this refers to a bill adopted by the Majles to equalise diyah for recognised religious minorities and Muslims, which was twice rejected by the Guardian Council, in January and April 2003, before being verified by the Expediency Council in December 2003. 6.87. Source [10l] ‗A Written Statement by the Bahá‘í Paragraph 5.74 of October 2004 CR Now refers. International Community‘ United Nations: Economic and Social Council Commission on Human Rights and International Instruments 6.91. However according to the Bahá‘i International Community the relevant law has not been changed leaving neither Bahá‘i marriage and divorce legally recognised. 6.93.Source [35a] ‗World Refugee Survey 2002 – Iran‘ U.S. Committee for Refugees (June 2002) is two years old, therefore the phrase ‗during the year‘ is misleading as it suggests it refers to the year that the CIPU report was produced (2004). Paragraph 6.77 of October 2004 CR Now refers.

Paragraph amended.

Sentence added.

Paragraph 6.79 of October 2004 CR Now refers.

Dated 2002.

Deleted October 2004. 6.97.Source [10b] ‗Report on the Situation of Human Rights in the Islamic Republic of Iran‘ United Nations: Economic and Social Council Commission on Human Rights and International Instruments (28 January 1998) is six years old and the premise that ‗the Government has shown signs‘ of addressing unlawful measures is clearly undermined by more recent objective evidence. Furthermore the original source only suggests that the Government ‗may now have begun effort‘ [emphasis added] to curb vigilante groups having suggested that it is ‗probably premature to properly weigh these various trends and incidents‘ although ‗fundamental change could be under way.‘ [emphasis added]

Sentence deleted.

6.98. Several sources contained in [2i] ‗IRN37430.E‘ Canadian IRB (14 August 2001) discuss activities of collusion between the police and vigilante groups. 6.100. Source [4k] ‘Iran Country Report on Human Rights Practices for 2001‘ US Department of State (March 2002) continues ‗there were anecdotal reports that some demonstrators were killed; however, the Government denied this.‘ The final part of the last sentence of this paragraph is unsourced. 6.102. This paragraph is not sourced. 6.105. Source [5g] ‗Majlis Votes to make Medical Institutions consistent with Islamic Laws‘ BBC Monitoring (5 October 1998) does not contain this information. 6.107 Source [21af] does not contain this information.

Paragraph 6.84 of October 2004 CR Now refers.

Sentence added.

Paragraph 6.86 of October 2004 CR Now refers.

Paragraph amended.

Paragraph 6.88 of October 2004 CR Now refers. Paragraph Deleted October 2004 CR.

Source added. Source corrected.

Paragraph 6.93 of October 2004 CR Now refers.

Paragraph rewritten. Paragraph rewritten.

6.112. Source [41a] ‗Danish fact finding mission to Iran‘ Paragraph 6.98 of October 2004 CR Now refers. Council of European Union (September 2000) does not contain this information. Instead it states: ‗the Iranian police force (LEF) is the authority responsible for issuing passports […] Exit visas are issued at the same time as passports, and hence it is the LEF which is responsible for issuing such permits.‘

6.113. Much of this information is not taken from source Paragraph 6.100 of October 2004 CR Now refers. [41a] ‗Danish fact finding mission to Iran‘ Council of European Union (September 2000) including the assertion ‗with so many checks by the authorities involved it would be difficult….‘ 6.118. Source [21aag] ‗Iran: Foreign Ministry official Paragraph 6.105 of October 2004 CR Now refers. says expatriates will be given passports‘ BBC Monitoring (2 September 2002) is not publicly available. The last sentence of this paragraph is not sourced. 6.119.Source [2t] ‗IRN34691.E‘ Canadian Immigration Paragraph 6.106 of October 2004 CR Now refers. and Refugee Board (9 July 1999) does contain this information and other sources confirming this perspective. However it also lists a source that believes relatives of ‗persons who are extremely critical and/or advocate the overthrow of the government through the use of force‘ such as Mujahedin-e-Khalq Organisation members would experience difficulties leaving Iran, as well as another source which believes relatives of high profile refugee claimants could experience difficulties. These are not mentioned by CIPU.

Paragraph rewritten.

Source amended.

Paragraph amended.

6.127.Source [2b] ‗Iran: Chronology of Events August 1994-February 1995‘ Canadian Immigration and Refugee Board (January 1995) does not contain this information. Even if it did the source is nine years old. .This second part of the information is unsourced. 6.130.Source [4m] ‗Country Report on Human Rights Practices for 2002‘ US Department of State (March 2003) does not contain this sentence which is contradicted later in 6.198. 6.139. Source [9o] does not contain this information. The information is contained in source [9n] ‗Torture/Imminent execution MDE 13/005/2002‘ Amnesty International (6 March 2002). 6.148.Source [4h] does not contain this information. 6.150. Sources [44h] and [5ai] do not contain this information.

Paragraph 6.113 of October 2004 CR Now refers.

Paragraph rewritten.

Paragraph 6.115 of October 2004 CR Now refers.

Sentence deleted.

Paragraph 6.125 of October 2004 CR Now refers.

Source corrected.

Paragraph 6.134 of October 2004 CR Now refers. Paragraph 6.136 of October 2004 CR Now refers

Sources amended. Paragraph amended.

6.151. As the CIPU report was released in April 2004 this should have been updated

Paragraph 6.137 of October 2004 CR Now refers.

Information updated.

6.152. Source [10m] does not contain the information Paragraph 6.138 of October 2004 CR Now refers. assigned to it in the first passage. .Source [10m] ‗Report on the Situation of Human Rights in the Islamic Republic of Iran‘ United Nations: Economic and Social Council Commission on Human Rights and International Instruments (28 December 1998) is six years old and the second statement is not applicable to the situation of Iranian women in 2004.

Paragraph amended.

6.153. This information is out of date. The bill was twice Paragraph 6.139 of October 2004 CR Now refers. rejected by the Guardian Council on the grounds that is was against Sharia Law before the Expediency Council agreed, in 2003, to grant divorced women custody rights over their children until the age of seven. Source [5al] ‗Feminists hail new custody law‘ Reuters Business Briefing (29 May 2002) is not publicly available and could not be checked.

Paragraph updated.

6.154. Source [4m] does not contain this information. 6.158. .Source [10b] does not contain this information. 6.162. Source [40a] ‗Girls take lead in Iran reform‘ Scotland on Sunday (24 November 2002) does not contain this information. Information in this paragraph should be weighed against information of continuing raids by morality police to enforce women‘s adherence to the compulsory Islamic dress code.

Paragraph 6.140 of October 2004 CR Now refers. Paragraph 6.144 of October 2004 CR Now refers. Paragraph 6.148 of October 2004 CR Now refers.

Source corrected. Paragraph rewritten. Paragraph amended.

6.163. The information in source [21z] ‗Web give a Voice to Iranian Women‘ BBC News (17 June 2002) should be seen in the context of recent government restrictions on the Internet in Iran as described in 6.52.

Paragraph 6.149 of October 2004 CR Now refers.

Paragraph amended.

6.165.Source [4h] ‗Country Reports on Human Rights Paragraph 6.151 of October 2004 CR Now refers. Practices for 2000‘ US Department of State (February 2001) actually states: In October the Parliament passed a bill to raise the legal age of marriage for women from 9 to 15. However, the Council of Guardians in November rejected the bill as contrary to Islamic law, although even under the current law, marriage at the minimum age is rare. [emphasis added]. The last sentence of this paragraph, although unsourced, is also taken from source [4h].

Paragraph amended.

6.171. This information is out of date. A bill passed by the Majles, twice rejected by the Guardian Council on the grounds that is was against Sharia Law, and finally agreed by the Expediency Council, in 2003, grants divorced women custody rights over their children until the age of seven.

Paragraph 6.157 of October 2004 CR Now refers.

Paragraph updated.

6.177.Source [4h] ‗Country Reports on Human Rights Practices for 2000‘ US Department of State (February 2001) follows this with ‗Information on the extent to which these regulations are enforced is not available. There is no information available on the Government‘s policy on forced and bonded labor by children.‘

Paragraph 6.164 of October 2004 CR Now refers.

Source added.

6.185. Source [2b] does not contain this information.

Paragraph 6.172 of October 2004 CR Now refers.

Paragraph amended.

6.190.This information taken from source [2c] ‗Human At the time of reference this was intended to refer only Will be removed from April 2005 CR. Rights in Iran: update on Selected Issues‘ Canadian IRB to sanctions flowing from charges of homosexuality alone and not to composite or multiple charges. (May 1997) is seven years old, therefore to start ‗the most recent report‘ is not factually accurate. Sometimes homosexuality is one of a range of charges brought against defendants, for example in the unfair trials of the regime‘s political opponents – as was the case in 1996/97 with the trial of a Sunni leader in Shiraz. ILGA also notes the public beheading of at least 3 gay men and 2 lesbians in January 1990; the execution of Dr Ali Mozafarian (Sunni Muslim leader) on charges of espionage, adultery and sodomy in April 1992; the stoning of Mehdi Barazandeh for repeated acts of adultery and sodomy in 1995; and ‗more recently‘ the hanging of Ali Sharifi for sodomy, adultery, drinking alcohol and drug dealing. Advocate reports 3 men hanged on 13 May 2003 in Mashhad for a number of offenses including ―homosexual acts.‖

6.197. Source [4b] ‗Country Reports on Human Rights Paragraph 6.184 of October 2004 CR Now refers. Practices for 1997‘ US Department of State (January 1998) is six years old, therefore it cannot contain information about Iranians ‗currently‘ imprisoned. According to Amnesty International, in 2003: Scores of political prisoners, including prisoners of conscience, continued to serve sentences imposed in previous years following unfair trials. Scores more were arrested in 2003, often arbitrarily and many following student demonstrations. At least a dozen political prisoners arrested during the year were detained without charge, trial or regular access to their families and lawyers.

Sentence deleted.

6.198.Source [19] ‗Situation in Iran‘ Netherlands Ministry of Foreign Affairs (December 1998) is not publicly available. This paragraph has not been checked. However the source is six years old and is clearly out of date as evidenced by the rest of 6.198, which goes on to discuss recent executions of Komala members, as well as 6.211.

Paragraph 6.185 of October 2004 CR Now refers.

Paragraph amended.

6.199. Source [9aa] does not contain this information. The information is contained in source [9ab] ‗Medical negligence/ prisoner of conscience‘ Amnesty International (21 September 2001).

Paragraph 6.186 of October 2004 CR Now refers.

Source corrected.

6.201. Source [4c] ‗Profile of Asylum Claims and Paragraph 6.188 of October 2004 CR Now refers. Country Conditions‘ US Department of State (February 1996) is not publicly available and has not been checked. The information is not contained in source [2a] ‗Iran: Chronology of Events June 1989-July 1994‘ Canadian Immigration and Refugee Board (January 1995). The final sentence is not sourced. 6.209. In fact KDPI member Karim Toujali was Paragraph 6.196 of October 2004 CR Now refers. executed in Mahabad on 24 January 2002, after he was forcibly returned to Iran by the Turkish authorities. He was recognised as a refugee by UNHCR, who were not informed by the Turkish authorities prior to his deportation, and tortured whilst in prison in Iran. 6.212. The moratorium was announced but, as is evident from the rest of CIPU‘s section on adultery (6.212-6.218) it is still being used as a judicial punishment e.g. 6.214 which highlights the stoning sentences given to some of those associated with the Plum Garden Case. The US Department of State in source [4n] confirms that ‗in December 2002, the Government officially suspended the practices of amputation and lapidation or stoning—a form of capital punishment for adultery and other crimes, although the law has not been rescinded.‘ Paragraph 6.199 of October 2004 CR Now refers.

Paragraph amended.

Paragraph amended.

Paragraph amended.

6.214. Source [21ay] ‗Iran stops stoning of women Paragraph 6.201 of October 2004 CR Now refers. adulterers‘ BBC News (27 December 2002) does not mention the Supreme Administrative Court. The source is from 2002 so it is not from ‗late last year‘ and should be dated. 6.216. Source [24k] is not referenced in Annex D. Paragraph 6.203 of October 2004 CR Now refers.

Sentence deleted.

Source corrected.

6.217. Source [2n] ‗IRN31378.E‘ Canadian IRB (30 Paragraph 6.204 of October 2004 CR Now refers. March 1999) actually states the ‗punishment for unmarried adulterers is not death, but flogging.‘ The legal situation is more nuanced: Adultery by a man or woman in permanent wedlock (who has had intercourse with their spouse and may do so again) is punishable by stoning. Death is the punishment for the following types of adultery regardless of the age or marital status of those concerned: adultery with a consanguineous relative, with one‘s stepmother, between a non-Muslim man and a Muslim woman, or forcible In which case the non-Muslim man is to be given the death penalty.. rape. Unmarried adulterers are to be lashed 100 times, ‗old‘ married adulterers are to be flogged before being stoned, and the fourth count of punished adultery results in death.

Paragraph amended sentence deleted.

6.218. Source [2l] ‗IRAN29331.E‘ Canadian IRB (8 May Paragraph 6.205 of October 2004 CR Now refers. 1998) actually states:The penalties for attempting to entice a married person into committing adultery could range from lashing to death depending on the judge‘s discretion. The married person who is the unwilling object of such attention is not immune from legal consequences (normally lashing) and from social ostracism [emphasis added.]

Paragraph rewritten.

6.222. Source [34] ‗Revisiting the Hidden Epidemic: A Paragraph 6.209 of October 2004 CR Now refers. Situation Assessment of Drug Use in Asia in the Context of HIV/AIDS‘ The Centre for Harm Reduction (January 2002) does not contain the phrase ‗(and presumably a non positive test)‘.

Phrase deleted.

6.223. Source [10m] ‗Report on the Situation of Human Paragraph 6.210 of October 2004 CR Now refers. Rights in the Islamic Republic of Iran‘ United Nations: Economic and Social Council Commission on Human Rights and International Instruments (28 December 1998) does not use the phrase ‗most serious crimes‘ and does comment that the figures given were ‗generally regarded as being on the low side as it is widely assumed that many executions are not reported in the media.‘ The source does not contain the highlighted information.

Paragraph amended.

6.225. None of the information given above is contained in the sources listed: [5c] ‗Bodies of Three Diplomats Killed in Afghanistan Flown to Iran‘ BBC Monitoring (11 October 1998); [5g] ‗Majlis Votes to make Medical Institutions consistent with Islamic Laws‘ BBC Monitoring (5 October 1998); and [5i] ‗EP Adopts Resolution on death Sentence in Iran‘ European Union Press (9 October 1998) which is also wrongly titled ‗EU Adopts Resolution on Death Sentence in Iran‘ by CIPU in Annex D. 6.226. Source [5g] ‗Majlis Votes to make Medical Paragraph 6.211 of October 2004 CR Now refers. Institutions consistent with Islamic Laws‘ BBC Monitoring (5 October 1998) does not contain this information. .Source [17c] ‗News Digest‘ Keesings Record of World Events (December 1998) is not publicly available. Source [10b] does not contain this information. 6.228. Source [3a] ‗Background Paper on Refugees and Paragraph 6.213 of October 2004 CR Now refers. Asylum Seekers from Iran‘ UNHCR Centre for Documentation and Research (September 1998) refers to events in 1997 not 1995.

Paragraph deleted.

Paragraph rewritten.

Paragraph corrected.

6.230. The fatwa was issued in 1989 which means it is Paragraph 6.215 of October 2004 CR Now refers. now fifteen years old not thirteen. Ayatollah Khomeini‘s fatwa actually stated ‗I inform the proud Muslim people of the world that the author of the Satanic Verses book, which is against Islam, the Prophet and the Koran, and all those involved in its publication who are aware of its content are sentenced to death.‘ Therefore the threat was not just against the author but also those involved in its publication, and has affected Iranians involved in translation, distribution etc. 2. ANNEX D – Sources Incorrect Citation of Source Material [5] The correct title for this report is: ‗EP Adopts Resolution on Death Sentence in Iran‘ European Union Press (9 October 1998) [9] The correct reference for this report is: ‗13/028/2003‘ [16] This is not a correct reference for source material and makes no sense. [24] This source is not listed in Annex D, despite being referred to in the text. [29] The name of this organisation is the Committee to Protect Journalists 3. Unchecked Sources: During the course of this research IAS contacted CIPU We have checked our records. three times requesting sources [19], [26a], [26c], [26e], 1)16/06/04 - Request for documents. 2)Follow up request. [26f], [26g], [31]¸[41b] and [43] but they were not provided.

Paragraph corrected and new source added.

Corrected.

Corrected. Corrected. Corrected. Corrected.

Documents 1)Sent by Email 30/06/04. 2)Sent by Email 02/08/04.

Home Office response to IAS comments Iraq Country Report April 2004
Country Iraq Comment (Para nos refer to April 04 Country Report) 5.3 Confused reference to date of expiration of TAL, source [11j] 5.11 Incorrect reference to source number Source [30] Noted. 5.11 CIPU have drawn inference from the information in the source [30a] 5.12 Comment is not from the source stated [4l]. 5.13 Comment is not from the correct source [56a] 5.18 The source regarding the Coalition Provision Authority Order Number 13 has been updated, but this is not been reflected in the Country Report.Source [31c] 5.23 Comment that para 5.23 is in marked contrast to 5.20-5.22 and that this is due to the fact that CIPU is quoting a politician. Source [51a] Accepted that the words used do not correctly reflect the source Noted. Noted. Noted. Changed. Changed to direct quote. Corrected. Had already been noted and changed. Changed. Response Agreed. Action taken Para has been changed.

Caseworkers have all available information to make Not changed. an informed decision. Leaving this quote out would be selective editing.

5.28 IAS criticises the US state report's assessment of One of the sources the IAS use to undermine the US Not changed. the judiciary in northern Iraq. IAS have submitted other report, and used on three occasions is only available in hard copy and so was not obtainable in the short sources with different views. Source [2a] time before the October 2004 Report. Another is subscription only. The remaining two both pre-date the onset of military action. 5.29 Wrong source number quoted.Source [15f] Agreed. Had already been noted and changed.

5.30 Wrong page number of quote referred to.Source According to the printout it is page 8 as stated. [28d] Noted. 5.31 No closing quotes. Source [6f] 5.32 Wrong page number of quote referred to. Source [28d] 5.33 Wrong page number of quote referred to. Source [28d]

Not changed. Had already been noted and changed. Para has been omitted as now outdated. Para has been omitted as now outdated.

5.34 An incorrect reference to the source. Source [6e]

Para has been omitted as now outdated.

5.37 A word should be in quotation marks. Source [46c] 5.38 Too much reliance on the USSD. Source [2a]

Noted.

Corrected.

One of the sources the IAS use to undermine the US Not changed. report, and used on three occasions is only available in hard copy and so was not obtainable in the short time before the October 2004 Report. Another is subscription only. The remaining two both pre-date the onset of military action. As above. Noted. Further information not added as source makes clear this is speculation. Other sources have become irrelevant as the entire section has been updated. Para has been omitted as now outdated.

5.40 Over positive reporting of the Kurdish security. Source [57a] 5.43 Source has been quoted incorrectly regarding Civil Defence Battalions.Source [27c] 5.48 Information from source omitted about the Badr Organisation. Additional source suggested. [10g]

5.54, 5.55, 5.56 Criticism that events at Abu Graib have changed radically. Source [28a] [4r] [8a] [46b] 5.62 Information is on a different page to the one stated. Source [23a] 5.62 Not all of the information in the source regarding looting was used. Source [23a]

This was all after the date of the publication of the April 2004 Country Report.

All paras had already been changed.

CIPU had obtained a draft version of the report and was using these page numbers. The country report paraphrases the source, so inevitably not all information could be included. No suggestion that this affects the balance of the reporting. CIPU had obtained a draft version of the report and 5.62 Information is on a different page to the one was using these page numbers. stated. Source [23a] 5.69 Quote from USSD regarding healthcare system is Disagree. The US state department does not say that the facilities are adequate but states the facts; that the misleading. Source [2d] health care facilities are at pre-war levels.

Page numbers corrected. Not changed.

Page numbers corrected. Not changed.

I have checked the link that IAS has used and their No changes made. 6.1 Para is missing from quote from AI report regarding human rights with no indication of omission. comment is correct. But I then checked the AI website and the link that CIPU has used, and the para Source [28d] that IAS say CIPU has omitted is not there. It seems that the PDF version is different to the website and printer friendly version. The AI index codes remain the same for both versions. 6.3 Too much reliance on the USSD. Source [2a] One of the sources the IAS use to undermine the US No changes made. report, and used on three occasions is only available in hard copy and so was not obtainable in the short time before the October 2004 Report. Another is subscription only. The remaining two both pre-date the onset of military action.

6.10 Comment that information about the KRG in the The source used by CIPU is more up to date than the No changes made. source is undermined by the FFM report Source [10a] FFM report.

One suggested source is recent, but relies on opinion and speculation. The other is pre-war and therefore too old to use. IAS is using the PDF format whereas CIPU has printed out the web page. This would account for the discrepancy on page numbers. 6.20 Suggested further information from source about The suggested paragraph is too detailed and now out of date. UN visit to north. Source [38a] 6.26 Suggested update to the information on closure of Valid suggestion. Had already been added for October 2004 edition. newspapers. Source [4o] Noted and already changed. 6.29 Text from quote regarding religions omitted without indication. Source [2b] This had been noted and already changed for October 6.31 Text from quote omitted without indication. 2004 edition. Source [2b] 6.32 Text from quote omitted without indication.Source This had been noted and already changed. [2b] This had been noted and already changed. 6.33 Text from quote omitted. Source [2b] This source is quoted in more detail under a more 6.35 Information on religion undermined by relevant section - para 6.58. information on Mandeans from source quoted earlier but not referred to in this context. [11I] This had been noted and already changed. 6.36 Incorrect spelling of town. Source [30] 6.38 Unacknowledged quote with the tense changed. Decided to paraphrase because a full quote would make little sense. Source [30a] Text has been re-arranged. 6.39 Categorising information about Mandeans with Christians inappropriate. Source [11i] 6.10 Comment that the source is one sided regarding KRG and that other reports suggest the situation is different. Source [10a] 6.20 Wrong page is quoted. Source [38a]

No changes made.

No changes made.

No changes made. Changes made. Changes made. Changes made. Changes made. Changes made. No changes made.

Changes made. No changes made. Changes made.

6.42 Unacknowledged quote. Source [5d] 6.43 Unacknowledged quote. Source [5d] 6.45 Quote should have closing quotation marks. Source [2a] 6.47 Incorrect wording of citation to FCO. Source [57a] 6.48 Quote - should have closing speech marks. Source [2a] 6.48 Suggested inclusion of another source which states that CPA scrutinise and control NGOs.Source [2a] 6.49 Quote - should have closing speech marks. Source [2a] 6.50 Quote - should have closing speech marks. Source [2a] 6.61 Source quoted is not in the List of Source Material Source [19c] 6.64 Incorrect quote re incident at Sunni Quiba mosque. Source [5f] 6.65 All the information in this para is historic and relies on USSD. Source [54a]

Acknowledged and amended. Acknowledged and amended. Acknowledged and amended. Acknowledged and changed. Acknowledged and amended.

Changes made. Changes made. Changes made. Changes made. Changes made.

Source has been added.

Changes made.

Acknowledged and amended. Acknowledged and amended. Noted. Noted.

Changes made. Changes made. Changes made. Changes made.

One of the sources the IAS use to undermine the US No changes made. report, and used on three occasions is only available in hard copy and so was not obtainable in the short time before the October 2004 Report. Another is subscription only. The remaining two both pre-date the onset of military action. Acknowledged and amended. Changes made.

6.72 Quote - should have closing speech marks. And no reference to source. Source [2a] 6.73 Paraphrase of Fact finding mission report confusing on security situation - would be clearer if direct quote used. Source [30a]

Agreed.

Changes made.

6.87 Inclusion of an interview with a Minister and information from independent presents contrasting views. Source [7k]

CIPU seeks, in the absence of facts, to represent all views on the situation. It is likely that some of these will conflict. However in this particular occasion the two views represent an overall impression, together with some specific examples.

No changes made.

6.87- 6.100 Coverage of "women in northern Iraq" and "honour killings in northern Iraq" in separate sections confusing. Sources [various]

Honour killings need to be dealt with as a separate subject, because the situation is different for those in central Iraq and those in the north.

No changes made.

6.87- 6.100 Further source suggested.

Source is only available in hard copy and so was not obtainable in the short time before the Oct Report.

No changes made for October Report - will consider for April 2005. Some changes made.

6.91 Source used for central Iraq section, refers to the This particular sentence has been omitted. The information is under "Honour killings in northern Iraq" former KAZ. Source [18d] under para 6.137.

No changes made. 6.91 Source should be referred to more under "Honour The section "Honour killings in northern Iraq" is not conservative when it refers to the numbers and the killings in northern Iraq" practice in the north. The first sentence at para 6.137 Source [18d] states the reality of the situation in a more substantial way than the source referred to. This had already been noted and amended. 6.107 Quote - not indicated with quotation marks. Source [53a] 6.108, 6.115, 6.116, 6.126 and others Source referred Noted. to does not exist. Source [30] 6.131 Information not correctly sourced. Source [34a] Noted. Changes made. Corrected. Changes made.

6.141 Suggested inclusion of another source which states that CPA scrutinise and control NGOs.Source [18k] 6.148 Lacks quotation marks, and does not have a source. 6.149 Lacks quotation marks, and is the end of source from para 6.148. Source [56a] 6.151 No source. 6.154 Incorrect reflection of UNHCR report. Source [40b] 6.154 Source is incorrectly dated. Source [7h]

Agreed.

Changes made.

Para had already been omitted as part of the updating. Changes made. Para had already been omitted as part of the updating. Changes made. Para had already been amended as part of the updating. Error noted. Having looked on the ReliefWeb website, there appears to be two identical reports on 5 May and 6 May 2003. CIPU have printed out the correct one in which the information is contained. Accepted. Noted. Changes made. Changes made. No changes made.

Annex B - information on Al-Daawa section is not properly sourced. Source [39a] Annex B - Ansar al-Islam Source quoted is not in the List of Source Material. Source [19c]

Changes made. Amended.

Annex B - Ansar al-Sunna - three dots after source number. Source [10c] Annex B - Hezbollah leader has a pseudonym. Source [1a] Annex B - Komaly Islami (Islamic Group of Kurdistan). Noted but comment made. Annex B - KDP. Source quoted is not in the List of Source Material Source [19c ] Annex B - KDP Information could not be found at source stated. Source [41b] Annex B - Kurdish Revolutionary Hezbollah Different spelling of leader's name. Source [10s] Annex B - PUK. Source quoted is not in the List of Source Material. Source [19c] Annex B - PUK . Information does not originate from the source. Source [41b] Annex B - Sadrist Movement - Numerous comments relating to absent quotation marks.. Source [39b] Annex B - Supreme Council for the Islamic Revolution in Iraq. Absence of information from the quote. Source [39c] Annex C - Prominent people - Information is not attributed to any source. Annex D - Quoted source provides insufficient information to allow verification. Source [23a] Annex F - Source quoted is not in the List of Source Material Source [19c] Annex F - Criticism that source is not titled or dated. Just blank spot. Source [21b]

Typo. Already been noted during updating.

Amended. Changes made.

Noted.

Amended.

Information had been wrongly attributed to this source. Changes made. This is due to the source using a different spelling. Noted. Some information had been wrongly attributed to this source. All comments valid. Changes made. Amended. Changes made. Changes made.

Comment valid.

Changes made.

Comment valid. This can be found at page 50 and 58 of the source document. Noted. Source had already been amended as part of the updating.

Changes made. No changes made. Amended. Changes made.

Home Office response to IAS comments Moldova Country Report April 2004
(A Moldova Country Report was not published in October 2004. A bulletin/repowill be produced in 2005.)
Country Moldova Comment (Para nos refer to April 04 Country Report) Response Action taken

Overview (a) With regard to trafficking, the Country Report ‗does (a) See 6.38 - 6.40 below. not reflect the gravity of‘ the problem and is too ‗optimistic‘ about initiatives to combat trafficking. (b) Does not mention the mass demonstrations of March 2002, disappearance of Vlad Cubreacov, etc. (b) See Section 4 of the Country Report, paragraph 4.15 onwards.. Section 5 - State Structures 5.17 Source [38] and IHF Reprt 2003 give additional information on the restricted powers of the new local authorities. Noted

None.

Will include in next update.

5.22 (a) Source [17a] mentions that only half of the Constitutional Court‘s decisions had been enacted. (b) Judicial situation in Transnistria not mentioned (although the content quoted by IAS does not refer only to the Judiciary.)

Noted

Situation will be reviewed on preparing next report.

Some of the additional content referred to was included in Section 6A.

Will review for next report.

Noted. 5.30 Suggests further detail in reference to arbitrary detention in Transnistria - a particular incident, involving the beating of a Gagauz official - is referred to. 5.38 to 5.41 Suggests include information on an incident of abuse at prison colony 29/4 which resulted in the death of a detainee. 5.43 Notes that military service is also compulsory in Transnistria and an impediment to return of internally displaced persons. Section6 - Human Rights The source quoted ( Amnesty International Report 2004) was only published in May 2004 - i.e. after the April 2004 Country Report. Noted.

Will consider for next version - although it may be more appropriate to include in a different section.

Will consider for next report.

Will consider for next update.

Will consider for next update.

6.5 Notes qualification on the incidence/extent of torture, according to Amnesty International. 6.8 (a) USSD report refers to Transnistria as well. A Freedom House report of 25 June 2003 refers to politically motivated killings. (b) Mention is made of death threats against journalists of Accente newspaper.

The AI report cited was published on 26 May 2004.

Will consider for next update.

(a) The US State Dept Report has been accurately None. quoted, and states there were, in 2003, ―no reports of the arbitrary or unlawful deprivation of life committed by the Government or its agents in the country or its separatist region‖. The USSD report and Freedom House report refer to different periods. (b) Not relevant to this section.

Noted. 6.10 - 6.11 Reporters Sans Frontieres report 2004 mentions physical harassment of a particular journalist, while the RSF Report 2002 covered specific Censorship in Transnistria is referred to in 6.15. subjects over which issues of censorship arose. Also refers to censorship in Transnistria. 6.13 Refers to information in Reporters Sans Frontieres Annual Report 2004. 6.24 Religious Freedom: 3 Syrian Muslims were expelled from the country and 2 others briefly detained for unclear reasons after a police raid on a prayer meeting. 6.26 According to ‗Forum 18‘ a quote from USSD 2003, claiming that Baptists in Transnistria suffered no direct harassment in 2003, is not true - a Baptist Street library was ‗broken up‘. 6.31 The CIPU Report…‘under emphasises the complete lack of political freedom in Transnistria‘.

Will refer to the latest reports of Reporters Sans Frontieres in preparing the 2005 version.

RSF report was not available when April 2004 Country As above. Report was being prepared. Not clear that this is a religious freedom issue... But will consider including in next update.

Noted.

Will consider for next update.

This issue is covered in other sections of the April 2004 Country Report.

Will consider a separate section on human rights in Transnistria..

6.38 - 6.40 ―The CIPU report is overly optimistic about The content on trafficking in the CIPU Country Report both the initiatives to defeat trafficking and the state‘s is quoted mainly from the US State Department Report for 2003. We do not see that USSD 2003 is ability to help the victims…‖ ‗overly optimistic‘ on this issue. 6.41 Annual report 2001 on OSCE activities adds that The information on the Committee is still current - it difficulties in helping and obtaining redress for victims still meets fortnightly. The additional suggested text referred to the situation 3 years ago and may no of trafficking have increased… longer be correct.

Recent reports from IOM (July 2004) and UNHCR (October 2004) - in addition to USSD - will inform the next update. Will review recently published information for update.

Noted. 6.52 - 6.53 The paragraphs on Gagauzians do not mention that a Gagauz official in Transnistria was beaten in 2002 by assailants believed to be under the control of the Interior Ministry. Noted. 6.60 (Domestic violence): The addition of extracts from a Minnesota Advocates for Human Rights report of 2000 and an IHF report of 2000 are suggested.

Will consider when preparing the next version.

Will consider for next report. However, suggested information from IHF that in rape cases an investigation would only begin after a complaint has been filed and would cease if the victim and perpetrator became married, seems self-evident. Will seek more current information on attitude of the police in preparing the next version. Will review relevant legislation (or absence of legislation) when preparing next update.

Partly covered in paragraphs 6.60 and 6.62. 6.61 ―The CIPU report does not give enough information on sufficiency of protection for women suffering domestic violence…‖ 6.63 ―…there were serious legislative impediments for The Freedom House report 2004 states ―There are no official restrictions on women‘s rights in Moldova…‖ women‘s equality in work:‖

Home Office response to IAS comments Nigeria Country Report April 2004
Country Nigeria Comment (Para nos refer to April 04 Country Report) Response The para was about the constitution and not the judiciary although the judiciary is mentioned in the 5.2 Contains information from the USSD 2003 Report paragraph. Detailed information about the judiciary, including its flaws and shortcomings, is provided in about the judiciary, but does not give details of the paras 5.13 to 5.16 of the Country Report. flaws and shortcomings of the judiciary, or how it works in practice. 5.8 does not exist within the text of the report, and this suggests it has been removed in error, or the paragraph numbering system is wrong. 5.18 The source cited for the information is not the correct source. 5.19 The spelling of the word ―Hadd‖ is incorrect and should be spent ―hudud‖. 5.20 Information contained in the para has incorrect source. 5.22 Information contained in the para has incorrect source. 5.26 Contains information obtained from the USSD 2003 Report. Suggested that part of the paragraph does not contain information that has been obtained from that source. 5.38 Contains information obtained from the Human Rights Watch 2003 Nigeria Report. Suggested that some of the information in the paragraph does not appear in the HRW report and is just opinion, and some of the information is inaccurate and out-of-date. 5.47 Contains information obtained from the USSD 2003 Report. Suggested that the paragraph uses wording that does not appear in the USSD 2003 Report and some of the wording seems to be the opinion of the writer of the Country Report. 5.49 Contains information which, according to the paragraph, has been obtained from the USSD 2003 Report, but this information does not appear in the USSD 2003 Report. This para was mistakenly omitted from the text of the Country Report. What is para 5.9 should be para 5.8. Accepted. Accepted. Accepted. Accepted. Accepted. Action taken No action is considered necessary.

The mistake has been corrected in the October 2004 Country Report. The mistake has been corrected in the October 2004 Country Report. The word ―hudud‖ does not appear in the October 2004 Country Report. The information in para 5.20 was not used in the October 2004 Country Report. The information in para 5.22 was not used in the October 2004 Country Report. The information in para 5.26 has not been included in the October 2004 Country Report.

Accepted.

The information in para 5.38 has not been included in the October 2004 Country Report.

Accepted.

Information from para 5.47 has not been included in the October 2004 Country Report.

Accepted.

The information in para 5.49 was not used in the October 2004 Country Report.

5.59 and 5.60 Contain information obtained from a WHO report on mental health. Suggested that the information omits significant facts. 6.3 Contains information which has been obtained from the USSD 2003 Report. Suggested that this information is incorrectly quoted.

The information in paras 5.59 and 5.60 was a summary of significant facts contained in the WHO report. Accepted.

No action is considered necessary.

The information in para 6.3 was amended and used in the October 2004 Country Report.

Accepted. 6.4 Contains information which, according to the paragraph, has been obtained from the USSD 2003 Report. Suggested that the information actually comes from the USSD 2002 Report. Accepted. 6.6 Contains information which, according to the paragraph, has been obtained from the USSD 2002 Report. Suggesteds that the information actually comes from the USSD 2003 Report. 6.10 Contains information which has been obtained from the USSD 2003 Report. Suggesteds that this information is incorrectly quoted. 6.16 Contains information which, according to the paragraph, has been obtained from the USSD 2003 Report. Suggesteds that the information actually comes from the USSD 2003 International Religious Freedom Report. 6.18 Contains information which, according to the paragraph, has been obtained from the USSD 2003 International Religious Freedom Report. Suggesteds that this information is incorrectly quoted. Accepted.

The information in para 6.4 was not used in the October 2004 Country Report.

The information in para 6.6 was not used in the October 2004 Country Report.

The information in para 6.10 was amended and used in the October 2004 Country Report.

Accepted.

The information in para 6.16 was amended and used in the October 2004 Country Report.

Accepted.

The information in para 6.18 was not used in the October 2004 Country Report.

6.32 of the Country Report contains information which, Accepted. according to the paragraph, has been obtained from a BBC News Online report. Suggesteds that some of the information in the paragraph does not appear in the BBC report, and appears to be the opinion of the writer of the Country Report.

The information in para 6.32 and its source were not used in the October 2004 Country Report.

6.42 of the Country Report contains information which, Accepted. according to the paragraph, has been obtained from the USSD 2003 Report. Suggesteds that the information does not appear in the USSD 2003 Report and therefore could not have been obtained from that report. 6.44 Contains information which has been obtained from the USSD 2003 Report. Suggesteds that this information has been incorrectly quoted. 6.45 Contains information which has been obtained from a BBC News Online report, according to the paragraph. Suggesteds that the information that appears in the paragraph is not contained in the BBC report, and therefore could not have been obtained from that source. 6.47 Contains information which does not appear in the source of the information. 6.48 Contains information which does not appear in the source of the information. 6.57 of the Country Report contains information which does not appear in one of the sources of the information. 6.63 Contains information obtained from the USSD 2003 Report, which contains information produced by the UNHCR. Suggested that this information cannot be verified on the UNHCR website. 6.102 Contains information that is correct but, does not appear in the source of the information. Accepted.

The information in para 6.42 was not used in the October 2004 Country Report.

The information in para 6.44 was amended and used in the October 2004 Country Report.

Accepted.

The information in para 6.45 and its source were not used in the October 2004 Country Report.

Accepted. Accepted. Accepted.

The information in para 6.47 and its source were not used in the October 2004 Country Report. The information in para 6.48 and its source were not used in the October 2004 Country Report. The sources for para 6.57 were not used in the October 2004 Country Report.

The information in para 6.63 accurately reports what is The information in para 6.63 was not used in the stated in the USSD 2003 Report. October 2004 Country Report.

Accepted.

The information in para 6.102 was amended in the October 2004 Country Report. The source was not used in the October 2004 Country Report. In the October 2004 Country Report, the dates of publication of all the reports mentioned are written correctly.

Accepted. 6.106 Contains information obtained from a UN report. The paragraph includes an opinion which does not appear in the UN report. The date of publication of the USSD 2003 Report, the Accepted. USSD 2002 Report and the USSD 2003 International Religious Freedom Report, in the References to Source Material section, are all written incorrectly. Incomplete information is given for Source 107 (Decree 33 - Government of Nigeria) in the References to Source Material section Accepted.

This source was not used in the October 2004 Country Report.

Home Office response to IAS comments Romania Country Report April 2004
Country Romania Comment (Para nos refer to April 04 Country Report) Response Action taken

State Structures: Paragraph will be checked for currency and the source 5.2 Article 5, Romanian Constitution. Exact location of CIPU guidance was changed in December 2003 requiring that all sources should be clearly annotated. will be clearly flagged. source not given. Guidance required that Section 6 should be updated in time for the April 2004 publication with the other Sections being updated in the subsequent report. Accurate rendering of source used. 5.6 Inaccurate information. Romania comprises 40 administrative divisions (counties) and the municipality of Bucharest. Comment noted for next publication. 5.14 Incomplete reference to source. Comment noted for next publication. 5.17 Add additional sentence (military prosecutors). Noted. 5.18 Paragraph virtually identical to paragraph 5.14. Incorrect source quoted. 5.19 Paragraph attributed to incorrect source. Source Noted. quoted is 15a, should be 2b. 5.21 Incorrect rendering of source material. 5.28 Add further information regarding the police being responsible for serious human rights abuses. This paragraph explains the roles of various law enforcement agencies. Problems of police corruption and abuse are dealt with in following paragraphs. Will double check and amend if necessary.

Will be amended to include full sentence. Will amend next publication to include additional sentence if still current. Will remove para 5.18. and correct reference. Will amend next publication to include additional sentence if still current. Will amend for next publication if material included. No action.

5.29, 5.30, 5.31 Sources are over 8 years old – are they still current? 5.35 Add further sentence from source regarding internal police investigations. Agree that this should have been included.

Will endeavour to check that this remains current and amend if and where necessary. Will amend next publication to include additional sentence if still current/backed up by more recent documents. Will give correct number in next publication.

5.51 Prisons capacity. Should read 37,372 not 37,500. The figure was an approximation. Should have made it clear that it was an approximation or given the correct number. Agree sources appear to have been mixed up. 5.59, 5.60 & 5.66 Incorrect reference to source. Source does not contain information quoted. Agree sources appear to have been mixed up. 5.69 Incorrect reference to source. Agree sources appear to have been mixed up. 5.78 Incorrect reference to source.

Will amend for next publication. Will re-number sources. Will amend for next publication.

5.82 Parts of paragraph not found in quoted source. 5.86 Incorrect reference to source. Human Rights:

Agree sources appear to have been mixed up. Agree sources appear to have been mixed up.

Will amend for next publication. Will re-number sources.

6.3 Add additional sentence regarding preventing and The quote states that the new law is a step forward and was reported as such. punishing all forms of discrimination. 6.4 Source does not include quoted information. Para. 6.4 does accurately quote information from source in the first sentence, the second sentence does not appear to have come from the source document. Agree sources appear to have been mixed up. Direct quote not used. The para goes on to say that state authorities in the form of the police (the para emphasises that the police were ‗armed‘) joined in an attack on a Greek Catholic church. Agree. Agree that this would be useful to add. Agree. Former sources not available - will need to look into this in more detail. No need to include as the next para clearly demonstrates that the Romanian government needs to make serious improvements in the way it combats trafficking. Agree. However, new information has been received from the FCO that will clarify the situation.

Will review the inclusion of suggested additional information after checking for currency. Will amend for next publication.

6.19 Wrong source quoted. 6.26 Emphasis on state agents joining attacks on Greek Catholic Churches removed.

Will amend for next publication. None. The current paragraph demonstrates that some state officials are taking sides in some disputes.

6.30 Missing evangelical denominations. 6.41 Jehovah Witnesses. Add additional information. 6.43 Governments attitude to freedom of assembly. Word 'generally' removed. 6.48 Restrictions on monarchist groups. Copies of sources not provided. 6.58 People trafficking. Add ‗….does not meet the minimum standards for the elimination of trafficking‘

Will add to next publication. Will add to next publication. Will add to next publication. Will try to re-source before including in next publication. No action, but will keep under close review.

6.73 Residency. Information not in source.

New info will be added to next publication.

6.74 National Refugee Office. Add additional info. 6.75 Incorrect reference to source. 6.77 Equal rights for women and men. Include addition information regarding government's failure to enforce legislation. 6.78 Equal opportunities - more up to date information required. 6.86 Incorrect rendering of quote. Agree sources appear to have been mixed up. Agree.

Will look into this. Will rectify for next publication. Will update next publication.

Agree that the para should include more up to date information. Noted.

Will amend for next publication. Will amend for next publication if still current.

6.97 Child protection - add further details

6.99 Factual error 6.119 Incorrect reference to source. 6.125 Incorrect reference to source. 6.131 Add further details (Roma) 6.136 Incorrect reference to source.

Agree that it would have been helpful to add some further details regarding the fact there is no national standard. Agree. Agree sources appear to have been mixed up. Agree sources appear to have been mixed up. Agree that it would have been helpful to add some further details. Agree sources appear to have been mixed up.

Will attempt to source for next publication.

Will amend for next publication if still current. Will check sources and amend. Will check sources and amend. Will amend for next publication if still current. Will check sources and amend.

Home Office response to IAS comments Serbia & Montenegro Country Report April 2004
Country Comment Serbia & (Para nos refer to April 04 Country Report) Montenegro GENERAL COMMENTS OVERVIEW (p312): Revision comments: i. timeline comment ii. endnotes comment iii. referencing comment iv. website referencing v. past tense, present tense comment Response Action taken

i. The Kosovo situation was in a dramatic state of flux in March 2004. Sources had yet to emerge that overwrote previous information. ii. No indication is given of how many times this occurred. iii.Referencing ‗too small in the text‘ – but was to the stipulated font size. iv.Dilemma between a full address that is apt to change or drop courtesy of database-built websites, or the generic website address that permits navigation but demands the user to find the document. v. Tenses – Will consider under specific points below, but many sources are written in the present not the past; further sections four and five of the Country Reports were acknowledged by the APCI to be under reconstruction for the October 2004 reports, with only section six as earmarked as reconstruction to APCI standards.

i. Rectified in the draft of the October 2004 Country Report. ii.Can only work on the specific instances. iii.None. iv.Cf 2.18. of House Style guidance, Dec 2003 – refers to the problem of unwieldy web addresses. v. Again, specific instances are the area where this Country Reportiticism can be evaluated. However, the main CIPU guideline is ‗Country Reports where appropriate must be written in the past tense to reflect the fact that they are recording what others have reported in the past.‘ It would be inappropriate to use the past tense in a statement such as ―The Human Rights Watch report for 2002 notes that…‘: the report continuously makes the point even after the reader has read the report.

OVERVIEW (p312): Revision comments: ‗More seriously, fundamental problems remain with the updating of the material‘ eg. 21 AI documents. Reliance on US State Department report ‗…a country balanced on the verge of more spiralling violence and further away from Europe, but the CIPU Report again, gave a lighter view of the situations.‘

It is rare that an Amnesty International report addresses general country conditions as its key subject. Most AI reports are Urgent Action Appeals related to specific individuals and do not constitute key documents. The US State Department Report is often practically the only commentator on the issues that emerge within asylum claims.

The general comment is misleading. It alleges sources are missed when the examples quoted are not relevant. It bemoans a reliance on the US State Department report but does not suggest alternatives, possibly because the commentator is not acquainted with the areas that CIPU is involved in informing. Likewise, the commentator is naturally unaware of areas necessarily prioritised as issues as they arise in general claim trends (Very few cases come from Montenegro; information is often scarce for Montenegro).

Kosovo was in a state of flux - as were the main commentators‘ reports (where available). The Country Report was necessarily in a similar state of transition. I.4.5. Info from source [11n] not [11m] as stated in Report I.4.7. editing notes left in. Noted.

The October 2004 Country Report will give a more cogent update on Kosovo, as many commentators have now reported on the March 2004 violence. Was changed in October 2004 Country Report. (all sections in the State Union level section were overhauled in summer 2004)

Noted. Disputed figures for source / other Was changed in October 2004 Country Report. commentators, retained and subsequently overlooked. Noted. Not added to October 2004 Country Report. Information was reduced, not added to at this point. Not changed in October 2004 Country Report, but will consider for April 2005. Mostly changed in October 2004 – identified at state union level, but will add ―federal government‖ in April 2005, should that particular para remain substantially the same. Dropped from October 2004 Country Report.

I.4.12 Further information added from source as a suggestion. I.5.2. Date of adoption of Charter of Human and Minority Rights inferred - not actually stated in the source [74a] I.5.3. a) the subject of the sentence is incorrectly set as the country and not its government, and unclear who is responsible and b) citation incorrect.

Noted.

Comment partially accepted. Accept need to clarify that it is the Federal Government at State Union level responsible for these functions, and not ―SaM‖ per se. Citation is correct in my printout. Noted.

I.5.6. incomplete quote from source (USSD 2002) SERBIA S.4.2. Info from source [8i] not [8j]. S.4.3. Related to above 2.S.1. In S.4.3. Source [59a] gives 21 not 23 deputies‘ dismissal S.4.5. No source given to part of the info in this para.

Noted. Granted that the passage is unreconstructed to current guidelines. But disputed, as source [8i] provides info of 23 deputies. Noted.

Will change in October 2004 Country Report. Not in October 2004 Country Report. Info cut as part of general weed – no further action required. Not in October 2004 Country Report. Info added re. June 2004 elections – no further action required. Will change in October 2004 Country Report.

S.4.7. info re. assassination – incorrectly asCountry Reportibed source, info from [56d] not [8n] S.4.8 Bad substitution of key phrase changes the meaning of the information S.5.1. Reference to secondary rather than primary source, namely IWPR account used rather than quoting from the Constitutional Charter.

Noted.

Still unsure as to part of the criticism; otherwise, appreciate that it is less than accurate to the statement in the source. Noted. Already undertaken in revision of Country Report.

Will change in October 2004 Country Report – will quote key sentence from source. Will change in October 2004 Country Report – ‗Federal state‘ changed to ‗state union‘. Will quote directly from the Constitutional Charter.

S.5.2. Sources references relate to information from other sources. Politician linked to wrong party. S.5.3. Incorrect quotation alleged, with addition to quotation. Spelling – ―threshhold‖

Already picked up party discrepancy; sources clarified and checked.

Has been changed in draft for October 2004 Country Report.

Citation is correct. The quotation is from page one and No action (other than typo / spelling) is as it is quoted. – looks as though the commentator has alighted on a similar comment on page 2 and misread. Spelling noted. Summary gives basic factual information. Noted. Change effected anyway when sections 2 – 5 were given thorough revision this summer, and full quote used in preference to summary. No action Already undertaken in revision of Country Report.

S.5.4. Summary in does not reflect situation S.5.7 Source says ‗a moderate conservative and a nationalist‘ as opposed to the summary which states ‗following a conservative agenda with moderate nationalist emphases‘ S.5.8. Wrong date ‗4 March‘ given when ‗4 April‘ is actual date of news announcement

Slip whilst typing

Text superseded and dropped in October 2004 Country Report.

S.5.9. Confusion of State Union level and republic courts. Reference to 2002 when should be 2003 re. USSD report for 2003 information on judiciary.

Already identified and corrected in Summer revision; quoting institution of courts directly from the Constitutional Charter now. Note that the info is the same except for the year in both USSD for 2002 and USSD for 2003. As information was still valid, text substantially not changed but the year should have been. A residual error.

Para has changed in October 2004 Country Report.

S.5.10. Spelling mistake Stabalisation

Noted.

Global spelling change undertaken in October 2004 Country Report. The Information is correct but the source is not: will look for alternative source or drop in the October 2004 report. Section rewritten as part of Summer 2004 overhaul of sections 2-5. Text changed in October 2004 Country Report.

S.5.11. Multiple referencing of information.

Misreading of the information on the functioning of the ICTY and domestic Country Reportiminal code legislation. Noted. Information had not been so located.

S.5.13. Not been updated from USSD 2002 to information given in USSD 2003.

Section rewritten as part of Summer 2004 overhaul of S.5.14. Number of sources mis-attributed. More up-to- The paragraph is a summary with loose attribution to date information suggested. No analysis of why there source – requires rewriting to new guideline standard. sections 2-5. Text changed in October 2004 Country Report. has been no reform. ―..as to why their (sic) has been no updated in formation (sic) regarding…‖ in IAS text. Point about State of Emergency‘s negation of progress is comment rather than information.

Citation and the Year are correct – the year of publication appears on the front page as Belgrade, 2003. S.5.16. Source [56d] does not mention anything about Noted. Old text that includes multiple references. judges. Refers to an alternative news source by the IWPR. S.5.17. Inaccuracies re. arrest of Red Beret suspects. Noted. S.5.15.Citation and year stated in the text are incorrect.

No action

S.5.18. Comment re. the bias of the judges at the Djinjic trail – as well as judges ‗incapable‘

Section rewritten as part of Summer 2004 overhaul of sections 2-5. Text changed in October 2004 Country Report. Section rewritten as part of Summer 2004 overhaul of sections 2-5. Text changed in October 2004 Country Report. Information re. the bias added to Country Report text. Information extended in the October 2004 Country Comment on implementation of new reform laws noted Report. Comment not added.

S.5.19. Correct as far as the USSD 2003 report goes Noted. and so cited, but a BBC article and other news articles claim that the charges were filed at a different date. S.5.20. Incorrect date given for assassination attempt Noted. Must have picked up the wrong as suggested. RDB acronym expanded. re. trial of suspect – should be 1999 not 2000: but then there were assassination attempts on the same person in both years. ACountry Reportonym RDB not explained. S.5.22. Two developments mentioned, one source given; source only covers one development. Noted. A citation to another document should have included and was missed out.

No action

Corrections made in October 2004 Country Report.

Already picked up in Summer revision of Country Report sections 2-5, and another citation added in October 2004 Country Report. S.5.22. All the information cited in USSD 2002 is to be Noted. Whole paragraph is out-dated and needed to be Section rewritten as part of Summer 2004 overhaul of brought up to new guidelines standard. sections 2-5. Text changed in October 2004 Country found in USSD 2003. Report. Section revised. Section rewritten as part of Summer 2004 overhaul of S.5.24. Source [8p] does not refer to the stated sections 2-5. Text changed in October 2004 Country information. Report. Typo Typo corrected S.5.25. ‗legel‘

S.5.26. Just one practice of coercion practised by the At least two methods can be identified – apart from the Text changed anyway in October 2004 Country police on witnesses mentioned in source rather than witness coercion infringing the CPC there is also use of Report. excessive delay in filing charges. ‗numerous practices‘. S.5.28. Section in need of updating: mainly 2002 sources and the State of Emergency not factored in. S.5.29. Source does not say ‗police behaviour improved‘ Section rewritten as part of Summer 2004 overhaul of sections 2-5. Text changed in October 2004 Country Report. Partially accepted: source says ‗…in spite of occasional Section rewritten as part of Summer 2004 overhaul of abuses, police generally acted in accordance with the sections 2-5. Text changed in October 2004 Country regulations introduced by the new ZKP.‘ Which is an Report. improvement, but can be construed as comment. Old text in need of overhaul. Typo Wrong year from a cut and paste of phrase oversight; the further information from the USSD 2003 – useful but was not immediately apparent, as opposed to the directly relevant information from the USSD 2003 that was used. Appreciate the qualifying effect that the further information has, namely that there are many complaints not yet registered and the complaint rate is artificially low. Typo already spotted & October 2004 Country Report draft amended. Updated in October 2004 Country Report. Noted.

S.5.30. ‘regulartory‘ S.5.31. Wrong year given to source, does not use updated information from USSD 2003.

S.5.32. paragraph not updated all information refers to Most of the sources were the latest available – the USSD 2003 information has been used in other 2002 or earlier – USSD 2003 has additional contexts – will add the information suggested. information S.5.35. The Constitutional charter refers to ‗Supreme Term ‗Supreme Defence Council‘ is correct Command Council‘ not ‗Supreme Defence Council‘ in Art. 56 Noted. Old text that needed review. S.5.38. ‗overall improvement‘ in prison conditions since 2000 asCountry Reportibed to source [7g] but not actually in that document, though the information given in a later document from the same organisation. S.5.39 Info can be found in USSD 2003. Noted.

Partially addressed in October 2004 Country Report

No action (Article 56 quoted in full)

Text dropped from October 2004 Country Report as pt of summer clean up anyway

S.5.40 Incorrect change of tense from past to present Noted – I appreciate that ―the report found…‖ rather than the on-going treatment is the key, hence tense from source to text. needs to be in the past, as per guidelines.

Updated in October 2004 Country Report. Quotes from USSD 2003 added Tense changed and updated to USSD 2003 in October 04 Country Report.

HCS is Helsinki Committee Serbia! S.5.41. Source does not mention the Helsinki Committee as para graph states – quotes full passage from USSD 2003 including the phrases ‗local independent rights monitors, including HCS…‘ S.5.43. Paragraph has indications that has not been updated recently. Noted – information that is rarely drawn on in current claims.

No action required.

S.5.44. Likewise as above, paragraph does not show that it mainly draws on older sources. S.5.46. Irrelevance of source quoted – WHO indicators – to issue and that hospital beds may be under-utilised in some sectors but generally hospital beds are few.

Noted –information that is rarely drawn on in current claims. Noted – I appreciate the argument. Whole section has been changed as part of on-going overhaul of the Country Report. Because of the timing of the presentation of the IAS comments (September 22), the DFID updates of 2003 that you have drawn our attention to could not be factored into the October 2004 report. The sections on medical information are high on my list of areas for further overhaul.

Article from Constitutional Charter quoted in full etc – whole section changed in October 04 Country Report. Updated as part of Summer 2004 overhaul of sections 2-5 of Country Report. Whole section changed in October 04 Country Report. Updated as part of Summer 2004 overhaul of sections 2-5 of Country Report. Whole section changed in October 04 Country Report.

S.5.47. No mention of ‗moonlighting‘ in Helsinki Committee report; further sources suggested. S.5.48. General health information

Noted - Whole section has been changed as part of on- Whole section changed in October 04 Country going overhaul of the Country Report. Report. Has been earmarked for updating. (Will consider new source.) Whole section changed in October 04 Country Report. Whole para has been dropped. Updated as part of S.5.49. Mental health – drugs available information out Has been earmarked for updating. Summer 2004 overhaul of sections 2-5 of Country of date. Report. Updated in October 2004 Country Report as routine, S.5.54 Not correctly quoted from [75a]. the name of Firstly, not a direct quote. Re. [17] page no noted. but essentially no action necessary on the wider the academic body mentioned in USSD 2003 is given However, the information in the text is taken and Country Reportiticism. ascribed to the USSD 2003, not EC Stabilisation & in [75a] Accession Report 2003. I do note that the EC report gives further detail – will ensure that whatever is in the EC S&A 2004 will be included / substitute text. S.5.55 General information on the education system. Has been earmarked for updating. Whole para has been dropped – 2001 info Whole para has been dropped – 2000 info Changed in October 2004 Country Report. No action

S.5.56 Information about the post-2000 situation of the Has been earmarked for updating. education system. Noted. S.6.5. Word in quote wrong – ‗accountable‘ not ‗responsible‘ and typo in earlier ‗responsible‘ Citation is correct. S.6.7. Information could not be located at source document , page reference.

S.6.8. Broadcast Council established in 2001 but suffered questions of legitimacy, according to USSD 2003. Existing text of para not as stated in the USSD 2003. S.6.9. Information about letter complaining about obstruction to media reforms – details not accurate. S.6.10. is from USSD 2002 not USSD 2003 as claimed S.6.11. Sources reflect media prior to the State of Emergency, and not the situation now. S.6.12. is from USSD 2002 not USSD 2003 as claimed S.6.13. news report dated 17 April not 18 April as stated in text.

Partially accepted. Firstly, was not a direct quote and it did begin the reform process of the RTS, albeit imperfectly. However, accepted that it falls short of new CIPU guidelines. Noted. Incorrect information taken from a different source about a previous letter, but wrongly as Country Reportibed to this source. Citation correct. The same information is common to both USSD 2002 and 2003 Noted. Noted.

Section rewritten.

Information has already been dropped from October 2004 Country Report. No action Section rewritten. Will check & amend in October 2004 Country Report. No action

Date is correct. The date on the document is Thursday 17 April 2003, 12:50 PM ET: accessed from Reuters website (not Reuters Business Briefing) on 20 April 2003. Noted – the particular middle statement needs to be S.6.14. Citation not given to a piece of information. tied to a source and Europa seems to be the origin of the information. S.6.15. Sentences not found in information sources as Mainly as summary of the substance of those sections of the USSD 2002. Not direct quotes. cited. Citation is correct. See point regarding pagination of S.6.16. Pagination does not tally with HLC source HLC documents in 2.S.76ff below. Citation is correct : full quote, bottom of p.4. runs: ‗The S.6.21. Information re. increased powers to ban Serbian Government in a State of Emergency has demonstrations not found in the source as stated. inCountry Reporteased powers to ban political gatherings and demonstrations and the army taken over some responsibility from the police.‘ S.6.22. The Djinjic murder was a political murder, as indicated by a comment by Djinjic‘s successor and other reports. S.6.26. Information is from USSD 2002 not USSD 2003 as stated. S.6.27. The law provides, ‗usually‘ the right to strike – ‗usually‘ is disputed and USSD 2003 quoted as proof that the law on strikes is limited in its grant and strikes not permitted during the State of Emergency. Disputed It is still speculation to call the Djinjic assassination a political killing. The information is common to both USSD reports. It is not a direct quotation as claimed, and it would seem to quite reasonable to state that the State of Emergency, unusually, disrupted this right.

Citation added in October 2004 Country Report.

Section rewritten as part of Summer 2004 overhaul of sections 2-5. No action No action

No action

No action Will make direct quote for April 2005, if included.

Noted. Latter point re. Belgrade – a summary of ‗The S.6.30. ‗Bulgaria‘ left out of the list of trafficking countries. Phrase added to information re. Belgrade – central point in Serbia for holding and transferring trafficked women was Belgrade.‘ ‗where organised Country Reportime is most entrenched‘ – not in source cited. S.6.31. Source does not include highlighted sentence. Partially accepted. Firstly, it is a summary not a direct quote, and the source mentions these practices on page cited. S.6.32 and S.6.33. – information from USSD 2002 not Information was substantially similar to previous year but has indeed moved on. USSD 2003 as cited. Citations are correct. The same material is carried over S.6.35 – info from USSD 2001 not 2002, and USSD from one year to the next, and the citations are correct. 2002 not 2003. S.6.38. The source [75a] does not state the information claimed. From USSD 2003 instead. S.6.39. Additional information from USSD 2003 that updates information from USSD 2002 omitted. Noted. The USSD 2003 information partially updates but mainly adds to the information

Amended in October 2004 Country Report.

October 2004 draft Country Report already amended. Direct quotes used. Amended in October 2004 Country Report, using full USSD 2003 quote. No action

Amended in October 2004 Country Report. October 2004 draft Country Report already amended and updated. October 2004 draft Country Report already amended, using a sentence from EC Stabilisation and Association report 2004 (rather than the USSD 2003 sentence suggested.) October 2004 draft Country Report already amended. (i)The Unit rearrangement may permit more time for such points in the future. No action.

S.6.42. Sentence omitted from the passage based on It was not a direct quote USSD 2003.

S.6.43 – highlighted sentence not in source. S.6.45. (i) Oxymoronic use of the year – e.g. ‗According to the US State Department Report for 2002, in 2002,…‘ – held to be a frequent problem, and indicative of hasty proof-reading.

Sentence was a summary from source [75a]. (i) Noted. Reviewer states ―this occurs a lot throughout the document‖ but this is the only time that it is mentioned in the reviewer‘s comments. Reviewer‘s actual comment – ‗This is show lack of proof reading and fragmentation of the report‘ (sic), demonstrates that such mistakes are not easy to eliminate, even in a piece much shorter than a Country Report. (ii) Yes, it would be interesting to know why and if we find an external source of information telling us so, will include in subsequent reports. (iii) Other way round the information is in the USSD 2003 so the citation should have been changed (again information common to both reports). Granted that it is still elided with the OSCE activities report reference.

(ii) dead weblink – why?

(ii) Will check out and add pertinent information in October 2003 report. (iii) No action.

(iii) information from USSD 2002 not USSD 2003 as claimed in text but 2002 in citation.

S.6.48. ‘Vojvodia‘

Typo

Para been rewritten in October 2004 draft Country Report.

S.6.49. USSD 2002 does not contain any of the stated The middle sentence should have been cited as from Europa. information in the para except the last sentence. S.6.50. Information not in USSD 2002 as stated. The middle sentence should have been cited as from Europa and the EC Stabilisation and Association Report 2003. Noted.

Para been rewritten in October 2004 draft Country Report. Para been rewritten in October 2004 draft Country Report. Amended in October 2004 Country Report - added Czechs and Jews The section on Muslims in the Sandzak has been rewritten anyway in the October 2004 draft. The section on Muslims in the Sandzak has been rewritten anyway in the October 2004 draft.

S.6.51. ―Czechs and Jews‖ missed off from list of minorities given in the original source. S.6.55. Various sources do not mention information as Noted. stated, or not read sufficiently carefully.

S.6.56 a. quotation not from source [31f](p.10) b. the a. Citation is Correct page number for citation [7m] is 322 not 337 as cited b. Citation is Correct. Can only suggest that writer and reviewer have differently paginated copies. S.6.57. Information on two of four points ascribed to source not found in source. Partially accepted. The detail about nursery places is within source, but the inCountry Reportease in reciprocal Muslim activism is a clumsy summary of source. Original point clarified by this further comment. Will rectify with a direct quotation.

The section on Muslims in the Sandzak has been rewritten anyway in the October 2004 draft.

S.6.58. Inaccurately quoted information identified in September 2003 IAS report only partially acted upon.

The section on Muslims in the Sandzak has been rewritten anyway in the October 2004 draft.

S.6.60 use of ‗dialect‘ (as in USSD 2002) as opposed It was not as part of a direct quotation but as a summary. AsCountry Reportibing the substance to the to ‗language‘ (as used in USSD 2003) but cited as correct USSD was paramount. Point noted re. the USSD 2003 wording and will be overcome by more usage of direct quotation. S.6.61. Source states ‗occasional violent clashes‘ not Noted. ‗suggests political tensions‘; first two sentences badly constructed; and multiple sources relate poorly to the text. S.6.62. Information is described in Country Report as outlining position of Albanians in Southern Serbia in period 2000, 2001 but information is older than that period referring back to 1999. Noted. Earmarked for rewriting

The section on Muslims in the Sandzak has been rewritten anyway in the October 2004 draft.

The section on Muslims in the Sandzak has been rewritten anyway in the October 2004 draft.

Obsolete info and has been deleted in October 2004 Country Report.

S.6.63. Source referred to but not listed in ANNEX E

Noted. It should have been.

This source [69d] is in the October 2004 Country Report.

S.6.65. Paragraph on Covic plan and Covic comments: information not related to sources given. S.6.66. wrong page of source cited. Page 44 not 26.

Noted.

Citation is correct. ‗The amnesty is being implemented according to the provisions of the Law on Country Reportiminal Procedure.‘ Page 26, final sentence, final para of section 4.1 3 three quarters of the way down the page, pagination is the HLCs, in a PDF. On page 44 as stated by the reviewer, there is no mention of the amnesty.

Section has been rewritten and October 2004 draft Country Report has encompassed these changes, where still relevant. No action

S.6.35 found in previous USSD reports, and not in the Citation correct. Was referring to para in source that begins ‗The fact that the amnesty was in force was USSDs stated. confirmed…‘ S.6.70 – the UNHCR visits is info supplementary and Yes, the older info re visits was overlooked as the rest of the statement was confirmed in the source. unsourced, not in original source. S.6.71 Stabalisation Noted.

No action

Information has already been dropped from October 2004 Country Report. Information has already been dropped from October 2004 Country Report. (global spelling correction run in October 2004) Amended in October 2004 Country Report disentangling the two sources.

S.6.72. The information about ethnic Albanians of Southern Serbia being wary of talks not in sources cited.

The article [43af] does say that Southern Serbian Albanians are very wary about those who claim to represent their interests, namely in 2001 the PDD. In article [43ah], the Kosovan Albanians wary of talks with Belgrade. Accept that who is wary of who should be disentangled, and these sources say: Ordinary South Serbian Albanians wary of the PDD talking to Belgrade; Kosovan Albanians wary of talking with Belgrade. Convention is that ‗Ethnic Albanians‘ should, in this context be, conventionally, ‗ethnic Albanians‘. Noted, though points relate to a relatively subtle interpretation. Best tackled by direct quotation – see action note. Should have been HLC.

S.6.73. Mainly about information being inaccurately presented from sources. S.6.76. No source cited against statement.

Amended in October 2004 Country Report using full direct quotation from USSD for 2003.

Whole passage has changed in October 04 Country Report Amended in October 2004 Country Report changed to S.6.77. Sources mentions father and son not a couple Noted. Had confused with an HLC case of a Roma couple attacked on a bus – tripped by phrase ―a couple ‗two Roma‘ of Roma‖.

S.6.78 – differing pagination S.6.79 – differing pagination S.7.80 – differing pagination

Difference in page numbers comes from different Will consider changing the pagination in line with the formats of the same document. The CIPU version was website version rather than the document currently to received as a separate document in April 2003 from the hand. HLC; the HLC then put the document on their website as part of a consolidation. Hence different pagination.

S.6.82. The source document is only 6 pages long, and thus the citation is wrong.

The citation is correct. The document is 40 pages long, No action not 6 as stated by the commentator. Quote ‗Living in the margins of society, generally with little or no education, Roma IDPs as well as other Roma have almost no chance to find employment, but instead rely on survival strategies.‘ p23, 2nd para, 1st sentence. Second source suggested by the commentator is useful, but does not negate the first source.

S.6.83 – differing pagination

Differing pagination on HLC reports. Last sentence – information is from [2b](p17) and should have been cited as such. As above in 2.S.95

No action Duly corrected in the October 2004 draft. No action

S.6.84 – differing pagination S.6.85 – differing pagination S.6.86 - Typo – ‗reponse‘ for response S.6.89. Information in para is from a number of sources, which are cited, but information does not match up with sources as cited.

Noted Noted. Needs further disentangling.

Duly corrected in the October 2004 draft. Picked up already in October 2004 draft Country Report.

The first USSD citation should have been to USSD S.6.90. Questions where information re. domestic violence is from – is in both USSD 2002 and 2003 but 2003 not to USSD 2002 as cited, and thus consistent with textual reference. citations are confused.

Picked up already in October 2004 draft Country Report.

S.6.97. (i) The information excluded the statement that police officers were heard to question why they should provide protection for lesbians and gay men. (ii) Reference cited led to a photo gallery not an article.

(i) The summary sentence ‗Although police eventually Under new guidelines issued to CIPU the reference to intervened, human rights organisations considered their the picture gallery would be made more explicit. Will action inadequate‘ covers the police officers grumbling change in October 2004 Country Report. about their orders. To read the sentence re. police officers questioning the orders in isolation fails to appreciate the the main problem was that the police felt that they were outnumbered by anti-gay protestors and caught up in an avoidable conflict. (ii)The picture galley reference was supplementary.

MONTENEGRO M.2.1. [81a] not [81] M.3.1. Information not in source cited (USSD 2002) M.3.2. Information not in the source cited. M.3.3. could not be found in cited source.

Noted. Noted. Was from Europa The citation referred to other information in the same para. Information tracked to Europa.

M.4.8. re. evenly divided – wrong source quoted; that Noted evenly divided not the substance of the actual quoted source. Noted M.4.10. should be [66a] not [66] in citation M.4.12. Additional detail of 80% in both presidential votes. M.5.1. main Country Reportiticism re. state union details anticipating USSD source reference Cannot see this as adding to the issue in hand. Only so from inference

Picked up already in October 2004 draft Country Report. Obsolete info and has been deleted in October 2004 Country Report. Section rewritten as part of Summer 2004 overhaul of sections 2-5. Section rewritten as part of Summer 2004 overhaul of sections 2-5. Section rewritten as part of Summer 2004 overhaul of sections 2-5. Obsolete info and has been deleted in October 2004 Country Report. No action Whole para has been changed for October 2004 Country Report. Irrelevant for October 2004 Country Report, as whole para has changed. Noted and corrected in the intensive review of sections 2-5 this summer. Duly corrected in the October 2004 draft.

M.5.1. Reference does not correlate with source – no Noted. information in source

M.5.4. Source says 77 seats not 75 in unicameral parliament, Plus prime minister / president confusion. M.5.7. Confusion of dates of two polls. M.5.8. No source given.

Noted.

Noted Was suggested by another commentator – discussion over permission to attribute comments.

Amended in October 2004 Country Report Added ‗of February 2003‘ Section rewritten as part of Summer 2004 overhaul of sections 2-5.

M.5.9 No source given.

As above in 2.M.12.

M.5.10. Mis-attributing of a middle sentence to USSD Noted. The end sentence was from USSD 2003, but the middle was from 2002. 2003, when from USSD 2002. No, these elements of Yugoslav law are still M.5.12. Yugoslav law does not exist any more. unreformed and part of the legal framework. Noted. M.5.13. additional information re. courts

Section rewritten as part of Summer 2004 overhaul of sections 2-5 Amended in October 2004 Country Report Offending text dropped. No action Section rewritten as part of Summer 2004 overhaul of sections 2-5, quoting EC Stabilisation and Association Report 2004 for preference. Amended in October 2004 Country Report The high suspicion aspect included in new text. The actual USSD text runs ‗Arrests require a judicial warrant or ―high suspicion that the suspect committed an offense.‖‘ [2c](p.46) Section rewritten as part of Summer 2004 overhaul of sections 2-5. No action

M.5.17. Fuller text is required – ‗the law requires arrest Suggested replacement quote is incorrect warrants or high suspicion that the suspect committed an offense.‘

M.5.17. More up-to-date information than the USSD 2002 is in the USSD 2003. M.5.19. Quoted USSD 2002 – but information is also in the USSD 2003.

Noted. USSD 2003 repetition could not be located. The substance of statement was repeated in individual specific cases on p.45 of USSD 2003, but the general claim was not located. Typos. USSD 2003 repetition could not be located.

M.5.20. spellings ‗stabalisation‘ and ‗experise‘ M.5.21 – the information from the USSD 2002 is common to the USSD 2003 and should be used in preference. M.5.22. – information from elderly source (USSD 2002) and tense used is present, not past. M.5.24. Incorrect attribution of sources. M.5.25. Multiple sources used and they do not all mention the information cited.

Typos picked up already in October 2004 draft Country Report. No action.

Noted.

Section rewritten as part of Summer 2004 overhaul of sections 2-5. Duly corrected in the October 2004 draft. Section rewritten as part of Summer 2004 overhaul of sections 2-5.

Noted Noted.

M.5.26. (i) USSD information is from 2002 as cited, but in the text, says from USSD 2003 (ii)figure of 14,000 not given in source cited (USSD 2001)

Noted (i) A slip of cut and pasting – should have been 2002. (ii)The number is given in another source cited in the equivalent section on Serbia. Missed citation through the necessary splitting of the information between the two new republics.

Section rewritten as part of Summer 2004 overhaul of sections 2-5.

M.5.29. Use of medical facilities in Serbia available to Refers to the general rights common to both republics‘ citizens under the Constitutional Charter [74a] Not to Montenegrin citizens – information not in the source cited. the new standard and will be rewritten. M.5.33. Information is repeated from Serbia section and the information pertains to SaM and not the individual republic states.

Section rewritten as part of Summer 2004 overhaul of sections 2-5.

The information is taken from Europa 2004, but Amended and clarified as part of Summer 2004 granted, the information relates to aCountry Reportoss overhaul of sections 2-5. the sate union which is irrelevant as education is set and administered by each republic. Information is in USSD 2003 but on previous page leading over to cited page – duly clarified. Noted Amended in October 2004 Country Report Already picked up; para changed in October 2004 draft Country Report. Paras have already been updated and rewritten in October 2004 draft Country Report. Amended in October 2004 Country Report Bracketed explanatory note added to quotation in October 2004 Country Report. Already been dropped in October 2004 draft However, already been dropped in October 2004 draft as obsolete Amended in October 2004 Country Report Already been dropped in October 2004 draft in favour of USSD 2003. Amended in October 2004 Country Report No Action No Action

M.5.34. Citation incorrect M.6.2. Should be ―association‖ not ―accession‖ M.6.5. Information not in source cited.

Citation should have been [75a](p.14) and not [75a](p15) M.6.7. Part of sentence in summary from USSD 2002 Noted and not USSD 2003 as cited Comment noted. M.6.8. Quote loses contextual understanding M.6.9. Information not in source cited (USSD 2002) M.6.10. From the Serbian section of USSD 2002 and does not specifically mention Montenegro M.6.13. Statutory minimum wage is $62.50 not about $50 a month. M.6.15. USSD 2002 information cited – up-dated in USSD 2003, which has not been used. M.6.16. middle sentence wrongly ascribed to USSD 2003 when it comes from USSD 2002 M.6.17 Information is from USSD 2002 not USSD 2003 M.6.19 Information is from USSD 2002 not USSD 2003 Noted. … but then in USSD the two republics were part of FRY and the information was not demarcated by particular republic. Noted – yes, as a statutory amount the exact figure has to be used. Noted Noted – highlighted info does come from the USSD 2002. Citation correct.The same information is common to both USSD 2002 and 2003 Citation correct.The same information is common to both USSD 2002 and 2003

M.6.25. Should be cited [61a] not [61] M.6.47. Approximate figures are given as opposed to figures given in the article cited e.g. 20% as opposed to ―one-fifth of the population of Montenegro of some 650,000 people…‖ M.6.28. A repeat of ethnic group numbers.

Noted Does not substantially change the information, but agree would benefit a closer reading of the source.

Info dropped anyway, as time-expired - not in October 2004 draft. Amended in October 2004 Country Report to quote actual figures from article.

Noted

M.6.31. HLC report pagination queried, alternative given M.6.33. is from USSD 2002 not USSD 2003 as claimed M.6.34. HLC report pagination queried, alternative given M.6.36. HLC report pagination queried, alternative given M.6.37. HLC report pagination queried, alternative given KOSOVO K.2.1. 1991 census figures given (via Europa) but UNMIK states OSCE estimates of 2001 K.3.2. USSD figures not quoted though cited. K.3.2. Updated information from USSD 2003 not used.

Citation Correct. Cf above at 2.S.92 – differing pagination issue. Citation correct.The same information is common to both USSD 2002 and 2003 Citation Correct. Cf above at 2.S.92 – differing pagination issue.

Amended in October 2004 draft Country Report already: the figures for religious groups appear under Freedom of Religion; ethnic group under Ethnic Groups. No Action No Action No Action

Noted. Will look for the 2001 estimates.

(i) Noted. Sections 3 and 4 were ―history – economy‖ when the Country Report was inherited – should have been changed round. (ii) Unsure what Country Reportiticism is being levelled here – the quotes from the USSDs confirm the figures; Will use the USSD 2003 figures in October 2004 info from Europa anyway. Country Report.

Already looking at issue in October 2004 draft Country Report. (i) Already amended in October 2004 draft Country Report. (ii) No action

K.3.4. Within multiple sources one source [19e] does not have anything to do with the issue in hand. K.3.5. Last sentence not sourced

May have been a mistake of the global renumbering of Already dropped from October 2004 Country Report one or two sources. as obsolete information. Put in at a commentators‘ behest but not agreed to quote commentator‘s document before publication. Information tag left in. The commentator has picked up on one element while the writer of the Country Report has picked up on another. Will ensure – if source is not time-expired- to ensure both elements are included. Typo Already dropped from October 2004 Country Report as obsolete information. (Date for elections confirmed) Para already been rewritten in October 2004 draft Country Report.

K.3.6. Apparent contradiction in use of source re. the final status of Kosovo

K.3.7. ‗polititians‘

Para already been rewritten in October 2004 draft Country Report.

K.3.8. Should be preamble to effect that talks on status were off the agenda, and second sentence does not make sense. 2.K.9. Section 4 labelling K.4.1. ‗Kosovo - one of the poorest regions‘ Not in [21c] as stated but [15e]. Most of rest of paragraph not linked to sources cited.

To add such a preamble would have been comment given the sources. Note the suggested phrasing of the second sentence. See above at K.3.2 (i) Noted. Most of the text however is a summary from sources not direct quotes.

Para already been rewritten in October 2004 draft Country Report.

K.4.2. source [15i] does not give information as cited. Noted.

Already amended in October 2004 draft Country Report. Para already been rewritten in October 2004 draft Country Report. Point picked up in summer 2004 overhaul of sections 2-5. Point picked up in summer 2004 overhaul of sections 2-5. October 2004 Country Report amended Already dropped from October 2004 Country Report as obsolete information.

K.4.3. Misquotation of figure. Figures given as € 2.06 Noted. when source gives figure as € 2.076 and a 2003 figure added that is not in original source.

K.4.4. [15b] is given in ANNEX E as dated ‗15 Noted - 2002 not 2001 in Annex E reference to source. Amended in October 2004 Country Report. Para already been rewritten in October 2004 draft Country January 2001‘ – assumed to be ‘15 January 2002‘ as Report. 2001 report is not apparent and [15b] refers to events in 2001. K.4.5. Information cannot be traced to source as cited. Noted Para already been rewritten in October 2004 draft Country Report. Para already been rewritten in October 2004 draft Country Report. Already dropped from October 2004 Country Report as obsolete information and since updated as part of Summer 2004 overhaul of Sections 2-5. Already dropped from October 2004 Country Report as obsolete information. Already dropped from October 2004 Country Report as obsolete information and since updated as part of Summer 2004 overhaul of Sections 2-5. Already dropped from October 2004 Country Report as obsolete information.

K.4.7. Information cannot be traced to source as cited. Noted

K.4.8. Information from sources cited differs in original Noted documents.

K.4.9. Information stated not in source cited K.4.10. Information stated not in source cited

Noted. Noted

K.5.1. Steiner‘s appointment as SRSG mentioned and Noted – obsolete information date given

K.5.2. Information does not fit with citation.

Citation is correct The summary uses different phrasing No action. from the source‘s account. ‗was superceded by‘ has been omitted by the commentator from quote of SaM Country Report. Last point picked up in summer 2004 overhaul of sections 2-5. October 2004 Country Report amended. Amended in October 2004 Country Report. Text modified from ‗Chapter 5‘ and ‗Chapter 8‘ to ‗various‘ and ‗certain‘ Already dropped from October 2004 Country Report as obsolete information. Amended in October 2004 Country Report. The specific elections disentangled Point picked up in summer 2004 overhaul of sections 2-5. October 2004 Country Report amended. Already dropped from October 2004 Country Report as obsolete information.

K.5.3. No mention of the ―Chapters‖ in the sources quoted. K.5.6. Information not from the source cited – comes from the previous quarterly report of the Secretary General. K.5.7. (i) Information not found in source cited. (ii) Municipal and Assembly elections information tangled up. K.5.8. Information is expressed in a way that fuses two sources together, and gives an unclear picture.

Noted – the ―Chapters‖ are not mentioned in the sources per se . Noted.

(i) Supplementary, secondary citation. (ii) Noted – will disentangle. Noted

K.5.9. Information cited as being from source [15I] not Noted found in the original document. Information from source [75a] does not include that OSCE is actively monitoring as stated, but has been asked to do so by the SRSG. K.5.10. The phrase ―European standards‖ cannot be Noted traced to source document. K.5.11. Reasons for low Serb turnout in elections – the Country Report text gives a different reasoning to the information in the original source. Noted

Whole section has been rewritten in October 2004 Country Report, in light of subsequent reports. Point picked up in summer 2004 overhaul of sections 2-5. October 2004 Country Report amended.

K.5.12. Municipal elections – should point out that the Noted – does clarify. municipal elections mentioned were the October 2002 elections K.5.13. – para reproduced but no comment added by Unsure what point is being made. IAS commentator. K.5.15 Information from USSD 2002 not updated to USSD 2003 – from ‘22 municipal courts‘ to ‗24 municipal courts‘ Noted

Point picked up in summer 2004 overhaul of sections 2-5. October 2004 Country Report amended. Section rewritten in summer 2004 overhaul of sections 2-5. October 2004 Country Report amended. Point picked up in summer 2004 overhaul of sections 2-5. October 2004 Country Report amended.

K.5.17 – typo : ‗difficult achieve‘

Noted

Para dropped – passage rewritten summer 2004: October 2004 Country Report amended.

K.5.20 – Suggest additional information from another source.

Noted

Point picked up in summer 2004 overhaul of sections 2-5. October 2004 Country Report amended.

K.5.24. – Of the three sources cited at the end of the One source cited does give most of the information. But Para dropped – passage rewritten summer 2004: October 2004 Country Report amended. para, one does not mention issues at all, and another the paragraph is generally not to the new guidelines standard, with multiple citations that confuse. See does not support the information given. action note. K.5.25. USSD 2002 information should have been updated with USSD 2003 information. K.5.26. USSD 2002 information should have been updated with USSD 2003 information. K.5.28. ‗thse‘ K.5.29. No mention of KPC as a de-mining force within source document. Noted. October 2004 Country Report amended. Information about the Criminal Code and Criminal Procedures Code added throughout. Para dropped – passage rewritten summer 2004: October 2004 Country Report amended.

Noted.

Typo

Already amended in October 2004 Country Report. (K.5.18) The Citation is correct. According to the UN Secretary Already been picked up in October 2004 Country General‘s report to the Security Council of 15 October Report; additional contextualising and other 2003, stating:- ‗UNMIK is further defining the legal safeguards added as per instructions as part of the basis for KPC activities as a civil emergency agency…. Summer review of Section 2-5s. KPC has further developed its demining capability, though a critical funding shortfall for demining operations persists‘ . [15k](p.13)

K.5.30

Noted.

Point picked up in summer 2004 overhaul of sections 2-5. October 2004 Country Report amended. Para dropped – passage rewritten summer 2004: October 2004 Country Report amended.

(i)The information is correct as stated: the 66% reduction refers to standing check points – the escorts have halved as stated. (ii) Situation was on-going; dialectically stated – the (ii) Sentence appears to make little sense. One sentence takes of troop reductions and then next that statement makes sense saying that ‗[the situation] has ‗the situation after the ethnic violence of March 2004 been reversed‘. has been reversed.‘ K.5.32. (i) A 66% reduction not halved K.5.33 citation should be [17n] not [12n]

Noted – typo Point picked up in summer 2004 overhaul of sections (Reproduced text of K.5.25 wrongly ascribed as ‗5.25‘. 2-5. October 2004 Country Report amended. A possible typo?)

K.5.34. The figures and information about the murder rate in Kosovo is from mixed, undifferentiated and confused sources. Further, figures of deaths during the March 2004 Violence should be included.

Noted. The information does not identify the particular Point picked up in summer 2004 overhaul of sections sources closely enough, as now demanded by the new 2-5. October 2004 Country Report amended. guidelines. Duly note that if the 2000 figures are to used, then must cited back to 2001 USSD. Re. the March 2004 deaths – at point of writing it was too soon to establish how many people had died (and what their ethnicity was).

K.5.37.Information is taken from sources but wrong pieces given wrong citations and information in one case taken from uncited source. K.5.39. says BBC report in text but draws upon a Reuters News Service article as the source. Time stated differs from the time stated in the article. K.5.41. ‗givern‘ K.5.43. Figures not found in source cited.

Noted.

Point picked up in summer 2004 overhaul of sections 2-5. October 2004 Country Report amended.

Noted – yes, should be Reuters not BBC. The time is however correct on the printout taken as source.

No action

Typo Noted. Already dropped from October 2004 Country Report as obsolete information. Whole section has been rewritten in October 2004 Country Report, in light of subsequent reports.

K.5.46. Figures of mourners not given in the source cited. K.5.45. Information not in source cited [8am]

Incorrect. But up to 7,000 people came anyway, many See above. walking the dusty roads leading to Cabra…') (top of p2) Noted – source should have been [8aj] See above.

K.5.46. BBC report states that 31 not 7 people killed.

K.5.47. Sources cited do not contain the information. K.5.48. Sources cited are outside the time frame of the information stated, and do not relay the information. K.5.49. Two sources cited – information only comes from one source.

The situation was developing throughout the day and See above. the BBC news reports changed. The times of the reports were clearly detailed throughout the information on the March riots. Noted. See above. Noted. See above.

Noted.

See above.

K.5.5.53. Various comments re. information on Roma. (i) re. detail of one information source [87e] is lost in the summarising of the source. (ii) Information does not match up to citation, but to previous report by the same organisation. (iii) Recent violence paragraph – badly written. K.5.54. Out of date information and not to source as cited. K.5.56. - UNMIK not KFOR officers as stated in text.

(i) Disagree about significance (ii) Out of date information and needed closer attribution according to the new guidelines. (iii) Situation was on-going and the MRG document only gave the briefest of details

See above.

Earmarked for rewriting.

Whole section on prisons has been rewritten.

K.5.57. <no source found> left in.

K.5.62. Information source suggested re. PTSD

Happened as Country Report was in final stages of Whole section on prisons has been rewritten. draft. Reports were initially confused. Note UNMIK not KFOR Noted Section not included in October 2004 draft, as no source can be found to state this (though the fact that no-one is called up for military service in Kosovo is self-evident.) Noted Whole section has been rewritten in October 2004 Country Report, in light of subsequent reports. ―Standard position‖ was phrase used in letter to CIPU No action Para dropped from October 2004 Country Report (obsolete information) Whole section has been rewritten in October 2004 Country Report, in light of subsequent reports.

K.5.63. ―UNHCR standard position‖ – disrespectful

Noted K.5.65. Shtimle Hospital information is factually incorrect – updated information from USSD 2003 has not been included. K.5.66. 'Unviersity' K.5.69. Information stated not in source cited K.5.71. Citations do not match information

Typo Noted. Amended in October 2004 Country Report. Noted – residual citations for documents that had been Whole section has been rewritten in October 2004 deleted from ANNEX E. Spaces in ANNEX E re-used. Country Report, in light of subsequent reports. Whole section has been rewritten in October 2004 Country Report, in light of subsequent reports.

K.6.2. The information about the Ombudsman‘s role not in the report cited.

Noted. The explanatory information has been included by the Ombudsman‘s Office in the subsequent annual report, and this has been quoted verbatim in October 2004 Country Report. Noted re. the 2 Serb language papers – had not been K.6.4. Information is not strictly accurate to source. spotted in USSD 2003. K.6.8. Question of interpretation and then presentation Noted in summary, plus uncited middle sentence with information not found in sources. K.6.12. Statement not supported with a source. Noted

Updated in October 2004 Country Report. Whole section has been rewritten in October 2004 Country Report, in light of subsequent reports. Direct quotation used to clear up any ambiguities. Whole section has been rewritten in October 2004 Country Report, in light of subsequent reports.

K.6.12. ―occassionally‖ K.6.15. Information is not given in the source cited. K.6.16. Information on 2000 October Municipal Elections comes from source [2a] not the information sources cited. K.6.19. Information in Country Report is the opposite of information given in the source re. the ANA recruiting / not recruiting from the KPC.

Typo Noted Noted

Already picked up in October 2004 draft Country Report. Amended in October 2004 Country Report. Whole section has been rewritten in October 2004 Country Report, in light of subsequent reports. Already amended in October 2004 draft.

Partially accepted - [leader of ANA] ‗said the radical group counts members of the KPC amongst its ranks but that it does not specifically target the force for recruitment.‘ And then refers to KFOR‘s freezing of training of the KPC because of suspicions re. membership of outlawed groups such as the ANA.

Noted. K.6.20 – ‗no minimum wage‘ should be ‗no effective minimum wage‘ – USSDs 2002 and 2003 give info re. 2001 labour legislation institutes a minimum wage but sets no level. Noted. The phrase was the only change in identical K.6.21. ‗serious and growing‘ wrong – source says information between USSD 2002 and 2003. ‗remained‘ K.6.22. Information not in source cited. Noted. Information from previous Country Report information relayed at this point. (i) Noted

Already dropped from October 2004 draft Country Report

Whole section has been rewritten in October 2004 Country Report, in light of subsequent reports. See above.

See above. K.6.27. (i) Information wrongly cited as USSD 2003 when it is from USSD 2002 (ii) Countries named not in information‘s cited source. (ii) Countries named in summary by region and type of country ie Schengen States. The figure of 28 people given in source [72b] could not Whole section has been rewritten in October 2004 K.6.32. Information about death toll – that the death toll of the March 2004 had been given and could have be given, as at the time of writing, reports of less than Country Report, in light of subsequent reports. 28 were emerging – the final figure of 19 was beginning been mentioned. to filter through but as it came from one source ( Sec Gen‘s report [15l]) could not be sure. K.6.34. information not in source cited. Noted Whole section has been rewritten in October 2004 Country Report, in light of subsequent reports October 2004 Country Report updates.

K.6.35. Outdated information even though from latest For OSCE / UNHCR to address. In the Summer 2004 they published an update which has been included in OSCE / UNHCR report the October 2004 Country Report. Typo K.6.40 ‗Serebia‘

Whole section has been rewritten in October 2004 Country Report to take account of subsequent reports and developments.

K.6.41. Information not given in source.

The source given is a secondary source that refers to Para rewritten in October 2004 Country Report. the issues in hand but does not give exactly that particular piece of information. Note: not a direct quote. (i) Disputed, as situation had not changed from one year to the next. (ii) Not entirely sure what is meant. Out of date information that is now time expired. Para rewritten in October 2004 Country Report.

K.6.44 (i) Information not updated from USSD 2002 to the information given in USSD 2003. (ii) Source states that money was requested – no indication that money was given, rather than the COUNTRY REPORT statement of ‗UNMIK announced its 2003 Strategy…‘ K.6.45 ‗accordingf‘

Typo

K.6.46 ‗volence‘

Typo

The report is as cited, then supplementary citations K.6.48 The second sentence begins ‗The report continues…‘ and then ‗referenced to a different source follow. <sentence 1> [43l] [18d(p.10,11) from the first sentence.‘ <sentence 2 ‗The report continues…> [43l] [18d(p.10,11) etc Re. 300 Albanians - noted K.6.50. ―300 local Albanians‖ cannot be traced to sources. Also citations do not contain the information Re. second point – the source citation is missing rather than incorrectly attributed. There should be [43k] as cited. before the [2c](p.2) Typo K.6.52. ―coontinued‖ K.6.57. ―300 local Albanians‖ cannot be traced to sources. K.6.57. Citation incorrect in the first part; another citation does not contain the stated information. Noted

Whole section has been rewritten in October 2004 Country Report to take account of subsequent reports and developments. Already picked up in October 2004 draft Country Report. Already picked up in October 2004 draft Country Report. Whole section has been rewritten in October 2004 Country Report to take account of subsequent reports and developments.

Whole section has been rewritten in October 2004 Country Report to take account of subsequent reports and developments. Already picked up in October 2004 draft Country Report. Whole section has been rewritten in October 2004 Country Report to take account of subsequent reports and developments. Already picked up in October 2004 draft Country Report.

All the information is time-expired but point taken regarding loose attribution to a later document in the first part. The second point is a secondary citation that contained similar supplementary information but does not adhere to the new guidelines. The EC Report quoted the UNHCR.

K.6.62. ―According to the UNHCR…‖ but the source documents are EC and USSD reports. K.6.66. ―themeselves‖

Have added in October 2004 Country Report that the UNHCR figures are quoted in the EC document. Whole section has been rewritten in October 2004 Country Report to take account of subsequent reports and developments.

Typo

K.6.69. Incorrect citation - refs to a different document. K.6.78. – that tolerance of Bosniak speakers is patchy not uniform.

Noted. One of a number of documents saying substantially the same thing. The comment about Bosniaks not being able to speak their own language in Mitrovica is not at the reference cited by the commentator (p.9), but on p.20. But the general point is accepted and has already been changed for the forthcoming October 2004 report. Partially accepted. [18e](p33, para. 111) was a secondary source reference and gave similar, supplementary information. The citation that keys straight into the information as stated should be [18b](p.44) The citation is correct. The source [21g] does mention these issues – is the commentator restricting the source to the covering letter rather than the information enclosed within the letter? Partially justified– p2. of [17f] points to situation being the same as in 2002. Text should have stated that it points to 2002 situation and repeated previous 2002 information.

Amended in October 2004 Country Report. Already picked up in October 2004 draft Country Report.

K.6.82 – incorrect citation.

Already picked up in October 2004 draft Country Report.

K.6.86. Incorrect citation K.6.96 source [21g] does not mention info K.6.98. source [21g] does not mention info K.6.99. source [21g] does not mention info K.6.104 – Source [17f] does not contain the information.

No action No action

Dropped from October 2004 Country Report as old information anyway.

Home Office response to IAS comments Somalia Country Report April 2004
Country Somalia Comment (Para nos refer to April 04 Country Report) Specific errors, inaccuracies, and omissions Section 5 by paragraph. 5.1, 5.2 Europa page references inaccurate. Response Action taken The numbers in square brackets at the end of each comment refer to the relevant paragraph in the October 2004 report. Page references amended accordingly. [5.1][5.2]

5.4 Update on Puntland charter to indicate that it had still not been enforced by the end of 2003.

Reference amended accordingly. [5.3]

5.5 Inaccurate reference to month of Somaliland referendum. 5.5 Inaccurate reference to source relating to Somaliland statement about defending its sovereignty.

Europa states that the referendum took place in May 2001.

Reference retained. Source changed. [5.4]

Source outdated – removed. [5.4]

5.8 Discrepancy between sources over seats allotted to groups in the Transitional National Assembly in 2000. 5.16 Incomplete reference to source relating security situation in Lower Shabelle.

Level of detail about distribution of seats in TNA in 2000 revised in light of recent political developments.

Reference removed.

Section 5 only covers political systems and does not catalogue incidents of conflict. Specific incidents of insecurity are detailed in section 6.C

Reference shortened to detail political situation only, without indicating an assessment of the security situation. [5.13] Reference expanded to account for departure of Habr Gedir from the region. [5.17]

5.20 Incomplete reference to Habr Gedir population in Galgadud.

5.21 Incomplete reference to Marehan clans in Gedo.

Reference expanded to account for intra-regional differences in dominating clans as suggested. [5.18] Reference amended accordingly. [5.18] Section 5 only covers political systems and does not catalogue incidents of conflict. Specific incidents of insecurity are detailed in section 6.C Section 5 refers to historical developments for background purposes only. Reference removed. [5.18]

5.21 Inaccurate reference to Islamic ‗control‘ of Gedo sub district. 5.21 Reference to security situation in Gedo incomplete

5.26 Misrepresentation of source about clan opposition in Puntland.

Reference expanded to provide a longer summary incorporating some additional detail provided in source. [5.22] Reference outdated- removed. Updated USStateand UN Security Council sources from 2003/4 cited. [5.30] Reference outdated – replaced with updated sources on status of Shari‘a courts in 2004. [5.28] Reference amended to indicate that the Charter is still not in force. [5.29] Reference outdated – removed. Relevant references retained at [5.31 - 5.32] Reference amended accordingly. [5.34] Reference amended accordingly. [5.35] Reference amended accordingly. [5.36] Detail of reference outdated: replaced with broader summary of police activities. [5.37] Reference outdated – removed (see action above).

5.28 Incomplete reference to court system/judges in Somaliland in 2002. 5.34 Inaccurate reference to Shari‘a courts removing roadblocks in 2002 5.35 Incomplete reference to judiciary and the Charter in Puntland. 5.39 Inaccurate reference to source describing detention of criminal suspects in Bay and Bakool. 5.41 Source cited incorrectly. 5.42 Misspelling of ‗soldiers‘ 5.43 Inaccurate reference to total armed forces in Somaliland. 5.44 Incomplete reference to TNG police force in Mogadishu in 2001. 5.44 Reference to TNG police force contradicted by other source. Reference attributed to US State Department Report about payment of police incorrect.

5.47 Reference to Musa Sude‘s militia unclear, though Reference retained. Source refers only to Sude and accurately reflects the situation of those militias accurately reflects source. associated with him. This section in the Report is not region specific. [5.39] 5.48 Inaccurate reference to TNG‘s ability to control its militia 5.50 Reference summarising prison conditions incorrect 5.54 Reference to situation for conscientious objectors/deserters incomplete. 5.64 Incomplete reference to source summarising access and availability to healthcare. 5.71 Report of the fact-finding mission contains more relevant detail than the country report. This subsection in Section 5 covers availability of treatment for AIDS/HIV only.

Reference is outdated – replaced with general reference from USSD which does not refer to the existence of a TNG ‗army‘ in 2003. [5.35] Reference amended accordingly. [5.41] Reference amended to include full measures for conscientious objectors/deserters. [5.45] Reference outdated – replaced with updated version from 2004 fact finding mission. [5.53] Relevant references updated to refer to the key details cited in the 2004 fact-finding mission and more recent updates by the UN. [5.56 – 5.57] Reference outdated – updated with 2003 WHO report. [5.60] Reference retained and amended to reflected the limited nature of these projects. [5.60] Reference outdated – replaced with updated sources from 2003/04. [5.64]

5.73 Insufficient detail about the extent of hospital care in Somaliland. 5.74 Incomplete reference to psychological counselling services available. 5.79 Outdated source on secondary education. Specific errors, inaccuracies, and omissions Section 6 by paragraph. 6.4 Misrepresentations of source (Menkhaus) summarising human rights situation.

This subsection in Section 5 covers availability of hospital treatment only and not detail about conditions in the hospitals. Brief reference sufficient for the purpose of summarising the development.

6.5 Misrepresentation of source (UN HR expert) summarising human rights situation. ICG source suggested.

Human rights overview section intended to cite salient Reference amended to include detail about the conclusions from a range of sources. Most recent situation for international aid workers. [6.2] assessment of HR situation by UNHCR in preceding paragraph. Reference to situation in Puntland amended and reference to human rights abuses in Somaliland removed: replaced with updated IRIN source covering the UN expert‘s visit in September 2003, which post dates the ICG source suggested. [6.3]

6.6 Incorrect date of source and incomplete reference to source relating to extent of torture. 6.7 Misleading description of trends and numbers of reported rapes. 6.12 Inaccurate reference to source regarding reporting period. 6.14 Page of source referring to situation for HR defenders cited inaccurately. Unreferenced extract [6d] appears. 6.15 Inaccurate reference relating to arrest of HR activists in Puntland. 6.17 Incomplete/out of context reference to source relating to situation for local HR activists.

Reference amended to include correct year. Reference amended to include example of unreported torture. [6.4] Reference clarified to only cite the most relevant source (USSD). [6.5] Reference amended in line with source. [6.7] Reference expanded to include assessment of political disappearances [6.8] Reference amended – replaced with correct page. Unreferenced extract removed. [6.11] Reference outdated - removed. Reference retained without preceding paragraph from Full paragraph directly quoted. [6.13] source as it covers the general HR and security situation, which appears at 6.1 and is not relevant to the specific sub-section. Reference amended accordingly. Source replaced with more accurate source. [6.15] Reference amended accordingly. [6.14] Reference amended accordingly. [6.14] References amended accordingly [6.22] Reference to number of radio and TV stations outdated - removed.

6.18 Incorrect reference to source regarding operations of key human rights monitoring group. 6.19 Inaccurate reference to source relating to closure of a HR NGO by Puntland authorities. 6.21 Inaccurate reference to source regarding Puntland leader‘s travel ban. 6.27 Inaccurate reference to the start date of a radio station. Inaccurate reference to number of private radio and TV stations operating. Inaccurate reference to Puntland authorities running their own radio. 6.28 Inaccurate reference to Horn Afrik being the only independent radio station. 6.30 Inaccurate reference to number of daily/weekly newspapers in Puntland. 6.31 Incomplete reference to bill restricting freedom of the press. 6.32 Incorrect reference to sources relating to a BBCfunded station being established in Somaliland.

Reference amended accordingly. [6.23] Reference amended accordingly. [6.24] Suggested reference summarised in [6.20] Reference removed.

6.32 Incorrect attribution of references relating to the suspension of a private radio station. 6.32 Incorrect attribution of references relating to Puntland clampdown on journalists 6.33 Incorrect attribution of sources summarising the situation for journalists. 6.38 Inaccurate reference describing the situation for journalists following the establishment of a new press network. 6.38 Incomplete reference to source relating to censorship of journalists. 6.39 Incomplete reference to academic arrested in Puntland. 6.41 Inaccurate reference to source relating to Islamic groups in Gedo region. 6.42 Misleading reference to the number of Shari‘a courts in operation. 6.50 Incorrect attribution of reference relating to women protesting in Puntland. 6.53 Incomplete reference relating to unresolved political disappearances. 6.55 Inaccurate reference relating to conflict between Reference not as relevant in context of more recent developments. rival factions in Puntland in 2002. Reference superseded by more recent events. 6.57 Incorrect source cited in relation to Somaliland preventing representation at the peace talks. 6.58 Inaccurate reference relating to Ethiopia pursuing Al-ithaad suspects in Somalia. 6.62 Incomplete reference to Bravanese used as forced labour. 6.63 Inaccurate reference to forced child labour 6.65 Suggested extended reference relating to children given new identities having been trafficked out of the country. 6.68 Incorrect attribution of reference relating to regional authorities accepting those not originating from their territories.

Reference revised – attributed to correct source via a direct quotation [6.26] Reference removed. Reference revised in conjunction with additional updated source - RWB report for 2003 [6.25] Reference amended accordingly [6.27]

Reference expanded to include further relevant detail from source [6.27] Reference outdated – removed. [6.28] Reference amended accordingly. [6.29] Reference amended accordingly as a direct quotation from source. [6.30] Reference removed. Reference amended accordingly [6.38] Reference removed. Reference removed.

Reference amended accordingly [6.42] Section modified in light of 2004 fact finding mission findings. Reference removed. [6.46]

Reference amended accordingly. [6.47] Summary sufficiently reflects situation described in the Reference retained. [6.49] source and is adequate for the purposes of the subsection. Paragraph removed.

6.69 References in paragraph on internal relocation not cited in list of source material. 6.70 Incomplete direct quotation referring to regional capacity for internal relocation.

Paragraph removed and direct quotation from UNHCR position paper of 2004 inserted. [6.52] Quotation is a sufficient summary for this specific sub- Reference retained. [6.52] section. Information about the IDP/humanitarian situation can be found in the relevant section. Security assessment described in source is an Reference to security retained. Reference to militia accurate quotation and does not suggest that the checkpoints amended accordingly. [6.54] situation improved in all or even a majority of regions. Reference amended accordingly. [6.54] References amended accordingly [6.56] Summary sufficient for the purposes of this subsection. Summary of reference revised in conjunction with additional updated HALO source from 2003. [6.57 – 8] Reference removed. Reference retained. [6.65]

6.71 Inconsistent assessment of security situation. Incomplete reference relating to disarming of militia checkpoints. 6.71 Incomplete reference to operations to improve security at roadblocks. 6.73 Incorrect attribution to source relating to detention of a TNG minister in Hargeisa. 6.74 Incomplete reference to source relating to situation of landmines.

Reference not now relevant to sub-section. 6.75 Incomplete reference relating to Tanzania accepting Somali refugees. 6.82 Page numbers in reference do not correspond to This information is contained in the annex section of the source, which is available in hardcopy versions of source document. the report only. 6.83 Incorrect reference to source relating to summary of clan groups 6.83 Incorrect reference to source relating to 2 clan families (Digil & Mirifle) 6.84 Incomplete reference to source relating to discrimination against minority groups. Summary accurate to source and informative for the 6.84 Misleading reference relating to safety for clan purposes of this sub-section. The reference explicitly member residing in their clan‘s home areas. indicates regions where there is no conflict. 6.85 Incomplete reference relating to safety of nonMarehan in Mogadishu. 6.88 Incomplete reference relating to list of most vulnerable minority groups – omitting the Shekhal.

Reference amended accordingly [6.66] Reference amended accordingly [6.66] Reference amended accordingly. [6.67] Reference retained. [6.67]

Subsection is intended to list entire groups that are clearly at risk as being most vulnerable. As the source indicates, the Shekhal do not fall into this category, as such they are not included.

Reference amended to include additional clans at risk. [6.68] Reference retained. [6.70]

6.89 Incorrect attribution to source relating to Midgan/Tumal/Yibir distribution. 6.95 Inaccurate reference to source relating to situation of Bajuni. 6.97 Inaccurate summary of reference relating to conclusion about the situation of the Bajuni. 6.98 Incorrect reference to source relating to distribution of Bantu groups. 6.99 Incorrect attribution to source relating to Bantu history. 6.100 Bantu section does not include information from 2004 fact-finding mission. 6.101 Incorrect attribution of reference to source relating to the origins of the Bantu. 6.107 Incorrect attribution of reference to source relating to the history of the Midgan. 6.109 Inaccurate reference to sources relating to economic access for Midgan/Tumal/Yibir. 6.110 Inaccurate attribution of reference to sources relating to rapes during the civil war. 6.112 Incomplete reference to source relating to provisions for women in the 2000 Charter not being implemented. 6.113 Incorrect attribution to source relating to women‘s exclusion from the political process. 6.115 Inaccurate reference to source relating to treatment of women. 6.117 Incomplete reference to source regarding prevalence of rape 6.117 Lack of reference to updated information in 2004 fact-finding mission about violence against women. 6.118 Incomplete reference to source relating to spousal rape.

Reference amended accordingly [6.71] Reference amended accordingly. [6.78] Reference expanded to include details about forced Bajuni labour. [6.78] Reference removed. [6.79] Reference revised to accurately reflect source. [6.80] Reference to 2000/2002 mission reports retained as still relevant. [6.81] Reference to 2004 report now included. [6.82] Reference revised to reflect original source [7a]. [6.82] Reference revised to reflect original source [7a]. [6.86] Reference amended accordingly [6.88] Reference outdated – removed. Relevant reference to women in the UNCHR position paper of 2004 is included in [6.94] Reference amended accordingly [6.89]

Reference removed. Reference amended accordingly [6.94] Reference amended accordingly [6.96] Reference to 2002 mission removed. Paraphrased extract from the 2004 mission included. [6.97] Reference expanded accordingly [6.96]

6.119 Insufficient reference to practice of FGM.

Reference replaced with extended direct quotation from the 2004 fact-finding mission. [6.98] Reference to UN Security Council report retained as relevant information regarding initiatives intended to improve the situation for children. Reference summarising the relevant sections of the UNHCR paper of 2004 included at [6.105]

6.126 Insufficient reference relating to protection issues for children.

6.131 Inaccurate reference to source describing child soldiers. 6.131 Misleading reference to source about extent of Adequate summary of the source for the purposes of this subsection. UN-sponsored reintegration of child soldiers. 6.131 Misleading reference to source about extent of UN-sponsored reintegration of child soldiers. 6.133 Inaccurate reference to source relating to homosexual activities. 6.136 Incorrect attribution of reference to source relating to humanitarian issues. 6.141 Misleading reference to source relating to internally displaced people. 6.142 Outdated reference to source relating to conditions in IDP camps. 6.146 Incorrect attribution to sources relating to return of displaced persons. Incomplete reference to source relating to returns to southern Somalia. 6.146 Incomplete reference to source relating to number of person repatriated to southern Somalia each year. 6.146 Misleading reference to Kenyan source relating to refugees returning from Kenya. Adequate summary of the source for the purposes of this subsection.

Reference amended accordingly [6.110] Modified reference retained. [6.110]

Modified reference retained. [6.110]

Reference removed. Section updated in conjunction with updated sources from Behind the Mask. [6.112] Reference amended to indicate that both sources used reflect the same information. [6.115] Reference removed. Replaced with lengthy direct quote from updated version of the original source used. [6.119] Reference removed. Revised update in [6.119] References revised to cite only the relevant source and the next directly relevant source [6.120]. Reference to returning refugees from Kenya added. [6.121] Reference expanded to indicate the annual number of returns stated in source. [6.120] Reference outdated – removed.

6.146 – 6.149 Refers more to voluntary than involuntary returns.

6.150 Incomplete reference to the situation in southern Somalia relating to those returning to the region. 6.165 Incorrect attribution to source relating to security situation in lower Juba. Summary accurate to source. Suggested expansion 6.166 Incomplete reference to source relating to refers to speculation. situation in Kismayo. 6.171 Outdated reference relating to security situation in Hiran region. 6.176 Inaccurate reference to clans involved in conflict in Mudug region. 6.177 Incomplete reference to source relating to militia and civilian casualties in Puntland in 2002. Pages appear as part of annex section available in Annex B Pages of source [7a] referred to not hardcopy version of the report only. available. Annex D Incorrect reference to sources relating to ‗Asad‘ ‗Ilesky‘ ‗Sahan‘ Annex F Incorrect titles/dates of [10h][10cj][14f] Does not appear in text [32] Unchecked source [7c]

New sub-section included under ‗Returning refugees‘ which includes an extended extract from the UNHCR position paper 2004 relating to return of rejected asylum seekers. [6.123] Reference expanded to include annual number of UNHCR returns to the south and lack of returns to southern regions. [6.121] Reference amended to original sources [3b] & [7c]. [6.136] Reference removed – updated by information from more recent sources. [6.137] Reference to 2004 fact-finding mission included. [6.144] Reference amended accordingly. [6.148] Reference outdated – removed.

Reference retained. References removed. [7c][10h][10cj][14f][32] outdated - removed

Home Office response to IAS comments Sri Lanka Country Report April 2004
Country Sri Lanka Comment (Para nos refer to April 04 Country Report) Specific Errors, Inaccuracies and Omissions Section 6 – Human Rights 6.28 – A suggested quote from the 2003 Freedom House report should have been included to compliment what is stated in the quote from the US State Department Report 2003 Response Action taken Paragraphs are from CIPU Sri Lanka October 2004 Country Report

Accepted. The suggested information has been included in the October 2004 Country Report - though this is not an important issue as far as asylum claims are concerned and the overall situation in the country.

The suggested quote from the 2003 Freedom House report and an additional quote from Freedom House document ―Countries at the Crossroads 2004: Sri Lanka‖ have been included in the October 2004 Country Report (6.37) together with other relevant information. As suggested, a more comprehensive quote from the USSD 2003 has been incorporated into the October 2004 Country Report (6.222) Comments and concerns expressed by ALRC and Amnesty International have been included in the October 2004 Country Report (6.93, 6.94, 6.123, 6.138) to address the issue of lack of accountability and impunity of security force personnel and the issue of LTTE-related disappearances.

6.40 – Unlike the US Department of State report 2003, Accepted. there is no mention of the extent of internal trafficking However, this has not been an issue raised in the context of asylum claim. in male children. 6.68 – The investigations mentioned in the US State Accepted Department Report 2003 seem to not have produced any tangible results yet. Concerns raised by Amnesty International about this issue and about LTTE-related human rights abuses should have been considered. The statement submitted by the Asian Legal Resource Centre (ALRC) to the United Nations Commission on Human Rights in February 2004 should have been also considered.

6.73 – Despite statements to the contrary in the Home Accepted Office‘s response to the APCI paper on Sri Lanka, the UNHCR document with further details on torture was not included in the Report. Refugees and Asylum Seekers from Sri Lanka of June 2001, detailing further methods of torture has not been included in the April 2004 CIPU Report.

The suggested quote from the UNHCR document of June 2001 has been included in the October 2004 Country Report (6.99)

AI 2003 report was issued in May 2004 and therefore 6.96 – Amnesty International has provided more recent information on impunity than the one mentioned it could have not been included in the April 2004 in their report ―Torture in custody‖ dated June 1999. A Country Report. suggested quoted from AI 2003 report issued in May 2004 should be included. 6.95 - 6.107 – The section on Prosecution of Security Accepted Force Personnel fails to give an overall accurate picture of the situation which continues to be characterised by impunity rather than prosecution. A quote from the UNHCR document ―Concluding Observations of the Human Rights Committee: Sri Lanka‖ dated 1 December 2003 should have been used to illustrate why prosecutions against police or army personnel remain so unsatisfactory and the state‘s involvement in this impunity.

The suggested quote from AI 2003 report of May 2004 has been included in the October 2004 Country Report (6.138)

The suggested quote from the UNHCR document of December 2003 has been included in the October 2004 Country Report (5.19; 6.92; 6.137). Additional up-todate information from Amnesty International and The Asian Human Rights Commission have been added together with further examples of occasions where prosecutions have occurred.

This issue is not commonly raised in asylum claims. 6.126 – CIPU has chosen to quote only one source with regard to number of child prostitutes. According However consideration has been given to increasing to other sources, numbers related to child prostitution information on this topic. are likely to be higher than mentioned in the US Department of State report 2003 6.128 – Recommended quotes from HRW reports of This issue is not commonly raised in asylum claims. January and April 2004 could have supplemented the However consideration has been given to increasing information provided on child recruitment. The LTTE information on this topic. forced recruitment of children has continued into 2004 and the total number of children forced to serve as LTTE soldiers is believed to be much higher then reported by the USSD report 2003. 6. 132 – CIPU has used the UNHCR Background Paper on Refugees and Asylum Seekers from Sri Lanka dated March 1999. CIPU has not included more up-to-date information from the same organisation. A recommended quote from the UNHCR Background Paper dated April 2004 should be included.

Relevant information from Sri Lankan government sources (NCPA) and from NGOs (ECPAT; Peace) has been included in the October 2004 Country Report (6.166-6.167)

Relevant quotes from HRW documents as well as from UNICEF, Amnesty International and other sources have been included in the October 2004 Country Report (6.172-6.179) to cover the issue of child recruitment by the LTTE more fully.

The UNHCR Background Paper dated April 2004 was The suggested quote from the UNHCR document not published until June 2004 and therefore it could dated April 2004 has been included in the October have not been included in the April 2004 Country 2004 Country Report (6.215) Report. The October report includes a number of quotes from this most recent UNHCR paper.

6.139 – The judgement of the European Court of Human Right of February 2004 should not be taken as factual evidence for the presumed safety of all groups of Sri Lankans, in all parts of the country. A recommended quote from the UNHCR Background Paper dated April 2004 should be included. 6.148 – The scope of both international and Sri Lankan government‘s assistance provided to IDPs has been described as inadequate, amongst others, by Norwegian Refugee Council and the Jesuit Refugee Service. Recommended quotes from these organisations should be included.

The UNHCR Background Paper dated April 2004 was The suggested quote from the UNHCR document not published until June 2004 and therefore it could dated April 2004 has been included in the October have not been included in the April 2004 Country 2004 Country Report (6.77) Report. CIPU Country Reports have a set structure. Internal flight options and national protection are dealt with in OGNs (Operational Guidance). This issue is not commonly raised in asylum claims. The Norwegian Refugee Council document was published in April 2004 and therefore it could have not been included in the April 2004 Country Report. The suggested quote from the Norwegian Refugee Council has been included in the October 2004 Country Report (6.209) as well as other relevant up-to-date information on this issue (6.210-6.220).

Home Office response to IAS comments Sudan Country Report April 2004
Country Comment Sudan (Para nos refer to April 04 Country Report) Overview Although the CIPU Assessment [sic] uses a wide range of sources, there is a huge reliance on one particular source, that of the US Department of State 'Country Reports on Human Rights Practices - 2003; Sudan' (2004). In some sections the US Department of State report is almost the sole source of material for the CIPU Report (see for example the sections on the Judiciary, Overview of Human Rights, People Trafficking, Slavery and Freedom of Movement); elsewhere it is frequently backed up or extended by reference to other sources. [p452] Response Action taken

The US Department of State (USSD) reports are a Work undertaken to address issues identified, insofar valuable resource but, whenever possible other as possible, prior to the publication of the IAS critique. sources are used to corroborate the information contained in the USSD reports, as has been acknowledged by the IAS. The October 2004 CIPU report contains more varied sources than the April 2004 version and every effort is being made to identify reliable and recent information on any areas where there is still a lack of variety in terms of source material. Any additional source material that IAS can suggest would be welcomed.

Reference to the 'Fact-Finding Mission Reports' of the Danish Immigration Service highlights another issue: the date of the information used by the CIPU Report. This is particularly relevant to the sections on 'Conscription' (5.275.32), 'Returning Sudanese Nationals' (5.65-5.68), and 'Treatment on Return of Rejected Asylum Seekers' (6.2576.260). …It appears that no more up-to-date information has been sought. [p452]

There is a dearth of recent, detailed and reliable More up-to-date information was sought for the information on many areas of life inside Sudan, as IAS October 2004 report (prior to the publication of the IAS has acknowledged on p453 and p457. Every attempt is critique) but none was found. made to provide more than one source for the information contained in the CIPU report, particularly for issues of some contention. Further, where sources are over two years old a more recent alternative is sought with each revision - only when no such alternative is available are the older sources retained. More up-to-date information was sought for the April 2004 report but none was found. Again, any additional source material that IAS can suggest would be welcomed.

Although most references are accurate, there are some incorrect attributions of sources, especially to source [7], and persistent references to page references which bear no relation either to a source on a website (for example, [3a]) or any printout of the said source. …There is also some misattribution of references within an overall reference especially with multiple references to Amnesty International and Human Rights Watch. [p452-3] The south' in these contexts is rarely a clearly defined geographical area, nor is it always clear whether the reference is to the southern Sudan in general or specific state(s). [p453]

The incorrect attribution of source [7] had already been identified and corrected prior to the publication of the IAS critique. The inaccurate page references to [3a] were due to the USSD changing the printed versions of its reports. The references were correct at time of writing.

Page references to [3a] have been changed to reflect the new printed version available on the USSD website. References to HRW and AI have been checked and corrected where necessary.

'The south' is generally accepted as the 10 southern Report revised. states, as indicated in the Geography section of the CIPU report. However, it is agreed that clarification is required regarding the SPLM/A's lack of total control of these ten states and the October 2004 version attempts to reflect this by using more explicit subtitles.

Specific Errors, Inaccuracies and Omissions: Section 5 State Structures Identified prior to publication of IAS critique, and "5.4 Since 1989, real power has rested with the National revised in October 2004 Country Report. Islamic Front (NIF), later renamed the National Congress (NC), of which Hassan al-Turabi, who became Speaker of the National Assembly in 1996, was leader. [1] […] > Contrary to the above, source [3a] ‗Country Reports on Human Rights practices -2003; Sudan‘ US Department of State (25 February 2004) has the following:
Bashir and his party have controlled the Government since he led a 1989 military coup, with the instigation and support of the fundamentalist National Islamic front (NIF). In 1999, Bashir broke with the ideological leader of the NIF, Hassan al-Turabi, disbanded Parliament, suspended parts of the 1998 presidentially decreed Constitution, and declared a state of national emergency that abrogated basic liberties; in December, the state of emergency was extended for another year."

See 5.14 of October 2004 version.

5.5 Presidential and parliamentary elections were held in December 2000. President al-Bashir was re-elected as president and the National Congress won 355 out of 360 seats in Parliament. [1] [12c] Independent candidates or small opposition parties won the other seats. [1] [12c] The election results were tarnished by the fact that not all voters reportedly had adequate opportunity to vote, all the major opposition parties chose to boycott the election and did not accept the officially declared voter turnout. > Additional material is given by source [3a] ‗Country Reports on Human Rights practices – 2003; Sudan‘ US Department of State (25 February 2004) says ‗Turabi's popular National Congress Party (PNC) was disestablished and continued to be a proscribed political organization.‘

More recent information has been included concerning the status of the PNC. See Annex B of the October 2004 version.

Identified prior to publication of IAS critique, and 5.6 The 1999 Political Association Act lifted the ban on corrected in October 2004 Country Report. political parties. [7] The Act, as revised by the 2000 Political Organisational Act, allows political parties to be officially recognised provided they register with the Government. [7] The law, however, imposes the restriction that all new parties must adhere to the ruling party's ideology. [7] New political parties are approved at the discretion of the Government's registrar and the president with the approval of the National Assembly appoints the registrar. [7] > Incorrect attribution to source [7] ‗World Legal Survey: Sudan‘ International Lesbian and Gay Organisation (23 April 1999).

See 5.19-5.20 of the October 2004 version

5.9 […] Shari'a is applied in the North and there have been Identified prior to publication of IAS critique, and revised in October 2004 Country Report - now fully reports of the prosecution and conviction of non-Muslims quoted. under Shari'a huddud" laws. [3a] (p 8) > Source [3a] ‗Country Reports on Human Rights practices – 2003; Sudan‘ US Department of State actually reads ‗There continued to be reports that non-muslims were prosecuted and convicted under shari‘a‖hudud laws‖ (emphasis added)."

See 5.28 of the October 2004 version.

5.10 The Constitutional Court was established in April 1999 Identified prior to publication of IAS critique, and corrected in October 2004 Country Report. to protect the Bill of Rights that was enshrined in the constitution. [7] The Court's main function is to examine draft laws to ensure that the National Assembly does not adopt laws that conflict with the constitution. [7] Any individual whose rights have been violated can lodge a complaint with the Constitutional Court when all other remedies have been exhausted and the President with the approval of the National Assembly appoints members of the Constitutional Court. [7] > Possible incorrect attribution to Source [7] to the International Lesbian and Gay Organisation World Legal Survey: Sudan.‘ Last updated on 23 April 1999.

See 5.31 of the October 2004 version.

5.11 Special three-person Security Courts adjudicate a wide range of offences, including violations of constitutional decrees, emergency regulations and currency and drug offences. [3a] (p 8 […] > Source [3a] ‗Country Reports on Human Rights Practices – 2003; Sudan‘ US Department of State (25 February 2004). The US Department of State also provides information omitted from this section: ‘the constitutional right to a fair and prompt trial is often not respected, defendants, accused of crimes carrying the death penalty or life imprisonment, often did not receive legal counsel or the counsel was not allowed to address the court.‘

Additional information included in October 2004 version. See 5.32-5.36 of October 2004 version.

Additionally, ‗lawyers who wished to practice must maintain membership in the government-controlled Bar Association. The government continued to harass and detain …lawyers… who it viewed as political opponents‘.1342 Additional material of relevance is given by the World Organisation Against Torture in February 2004, which says the Special Courts [..] do not meet international standards for fairtrial, including no legal representation prior to the appeal stage. These courts have now been abolished, but the criminal courts that replace them still follow many of the same special procedures, despite now allegedly allowing for legal representation, and therefore remain a concern.

1343 ‗Position Paper of the World Organisation Against Torture‘ World Organisation Against Torture (31 January 2003) http://www.omct.org/pdf/positionpaper2003.pdf

This source did not contain the information on Special Courts. The correct source is Position Paper of the World Organisation Against Torture (March 15 to April 23, 2004) which can be found at: http://www.omct.org/pdf/PP04.pdf

IAS comments are an interpretation of the information Additional information has been quoted from source. 5.20 […] Men who have completed their military service receive a certificate stating their National Service has been contained in source [9b], not an accurate paraphrase. See 5.84 of the October 2004 version. completed and are exempt from future National Service callups. [25a] > Source [9b] ‗Fact-Finding Mission Reports on Sudan‘ Danish Immigration Service (2001), states that those who have completed military service and are caught in a recruitment round-up on the streets, may not be allowed to contact family or to get their certificate and be forced to serve a second time.

5.22 The penalty for refusing to perform military service is a Identified prior to publication of IAS critique, and fine and up to three years imprisonment. [9b] However, in revised in October 2004 Country Report. 2003, no one was sentenced to a term in jail for evading compulsory military service. [3a] (p 22) It is reportedly difficult to evade military service and a deserter from the army or PDF on arrest by the authorities will usually be reconscripted into the armed forces. [9a] > Source [9b] ‗Fact-Finding Mission Reports on Sudan‘ Danish Immigration Service (2001), states that the reconscripted deserter may often be sent to the front.

See 5.80-5.82 of the October 2004 version.

5.24 The period served in the PDF is 45 days and national service in the regular army lasts for two years. [9a] After serving in the PDF, recruits are either returned to their place of education if they are university students or to the front in the south. [9a] > Source [9b] ‗Fact-Finding Mission Reports on Sudan‘ Danish Immigration Service (2001) states that the period served in the PDF may be longer for those who have not yet entered further education. Completion of military service is a pre-condition for entering further education in most cases. Informants for the Danish report gave quite contradictory information about service in the PDF: that it was contained an elitist jihad force, that it was entirely made up of volunteers, that there were many examples of forced recruitment possibly meaning recruits could not receive their secondary school certificate until they had performed military service. There was also said to be a ‗considerable element of Islamisation, and many Christian studentstherefore had serious problems when they were recruited to the PDF‘.

Identified prior to publication of IAS critique, and See 5.74-5.75 of the October 2004 version. revised in October 2004 Country Report. Revised to include information on the varying lengths of service and the treatment of Christian conscripts prior to the publication of the IAS critique. Not all the information quoted by IAS has been included because the main aim of the CIPU report is to provide the material of most relevance to those considering applications for asylum.

Another source denied any forced recruitment to the PDF and claimed that now there was ‗only recruitment for CNS (Compulsory National Service), as the PDF and CNS were merged in 1997.‘ This suggests accurate information is difficult to come by and not too much reliance can placed on a single source. [sic] The information is also rather out of date but it is unlikely, given the situation in the south and in Darfur, that the need for different strands of the armed forces to recruit, has diminished.

5.25 The Special Rapporteur's (SR) January 2003 reported This is not essential information for asylum caseworkers. that Forced recruitment is reportedly ongoing [in SPLM/Acontrolled areas]." [ 2b] (p 15) > Source [60b] ‗Kalakla Area Forced Conscriptions‘ Civilian Protection Monitoring Team (2003) notes: Forcible conscription has long been a common practice by all military forces in Sudan. In spite of the fact that the GoS has signed the Geneva Conventions and the SPLM/A has made a written commitment to uphold the Geneva Conventions such practices of forced conscription continue." 5.26 In its 2002 Annual Report, the ICRC reported that Significant progress was made in implementing IHL [International Humanitarian Law] at national level" including the introduction of IHL into the Sudanese Army's standard training and the incorporation of a forty-four hour course into the SPLA main training facility's standard curricula. [58d] (p 105, 105 - 6, p 106) See Section 6: Human Rights for details on the effectiveness of the IHL training > The note below this paragraph refers to ‗Section 6: Human Rights‘ (of this CIPU Report) for details on the effectiveness of the IHL training. I have not been able to find these details nor are there headings referring to army training." This link was meant as a general comment as it could See 5.53 and 5.71-5.72 of the October 2004 version. be concluded that the numerous human rights abuses committed by members of the security forces (as documented in Section 6) demonstrated the ineffectiveness of the IHL training. However, this is obviously not clear and has been removed.

5.30 […] Not all conscripts are sent to the front. [9a] > According to source [9b] ‗Fact-Finding Mission Reports on Sudan‘ Danish Immigration Service (2001) some informants insist that any recruit or conscript can be sent to the front or sent into active service against their will (though it was suggested that it was particularly southern Sudanese who were sent to the war zones).

Removed from the October 2004 version to 'trim' the CIPU report. Also, an attempt has been made to retain only the more factual information contained in [9a] and [9b] due to the age of these reports.

5.32 [..] The Civilian Protection Monitoring Team (CPMT) found that government-supported militiamen were abducting civilian boys for the purposes of conscription into the South Sudan Unity Movement (SSUM). [60b] [..] > Source [60b] ‗Report of Investigation: Kalakla Area Forced Conscriptions‘ Civilian Protection Monitoring Team (9 December 2003) states: ‗The CPMT further finds that these abductions were not isolated events, but part of a broader campaign of forced conscription and extortion (particularly targeting Nuer boys) that continues to be carried out in Khartoum.‘ added).

Additional information included in October 2004 version. See 5.88 of October 2004 version.

5.37 According to the USSD Report for 2003 In addition to Section 5 deals with State Structures, not Human the regular police and the Sudan People's Armed Forces, Rights Abuses, which are fully documented in the Government maintained an external security force, an Section 6. internal security force, a militia known as the Popular Defense Forces (PDF), and a number of police forces." [3a] (p 1) [9a] [..] The security forces were reportedly under the effective control of the Government. [3a] (p 1) > Source [3a] ‗Country Report on Human Rights Practices 2003: Sudan‘ US Department of State (25 February 2004) actually reads ‗The security forces were reportedly under the effective control of the Government. Members of the security forces committed numerous, serious human rights abuses.’ (emphasis added)."

5.44 Conditions in the Government's overcrowded prisons remained harsh and life threatening. [3a] (p 2, 6) […] > Source [3a] ‗Country Report on Human Rights Practices 2003: Sudan‘ US Department of State (25 February 2004), adds ‗The Government routinely mistreated persons in custody. There were reports that security forces held detainees incommunicado, beat detainees, deprived them of food, water and toilets and forced them to sleep on cold floors.‘

Section 5 deals with State Structures, not Human Rights Abuses, which are fully documented in Section 6. Further, the information quoted refers to detainees not prisoners.

5.48 […] Due to the ongoing conflict in the country, natural The source is dated June 2004 - two months after the disasters like drought and flood and the consequent large- publication date of April 2004. scale population displacement, a significant proportion of the population, especially children and women, continue to be affected by food insecurity. […] [29a] > A recent report produced jointly by the New Sudan Centre for Statistics and Evaluation in association with UNICEF ranks south Sudan ‗worst in the world for women and children‘ with reference mainly to health and education.

Included in the October 2004 version - see 5.103 and 5.117

Publication date close to deadline. 5.49 Poor access to health care services, along with malaria, diarrhoeal disease and acute respiratory infections, inadequate pre-natal; delivery and post-natal care have compounded the health situation of a large proportion of the country. [29a] [..] > A WHO report on Health Services in Darfour States of April 2004 which documents the health services in Darfur says ‘There is an acute shortage in the number of health facilities, health personnel and supportive services in the three states of Darfour as compared to other northern states.‘

Included in the October 2004 version - see 5.95.

Identified prior to publication of IAS critique, and 5.56 […] It is believed that HIV/AIDS has not been able to spread so readily because the civil war has restricted labour revised in October 2004 Country Report. migration, trade and travel, but once the Internally Displaced Persons (IDPs) begin returning home and travel becomes less restricted, it is predicted that the virus will rapidly spread. [15l] (p 1) Extenuating factors, such as poverty, lack of education, a poor health system and the dependent status of women are also likely to aid its spread. [ 15l] (p 1) > Source [29] ‗Aids and Sexually Transmitted Diseases 2003‘ WHO said that Sudan
 was now the worst affected country in the Eastern Mediterranean Region. It estimated that the number of people living with HIV/AIDS in Sudan in 2002-2003 was 512,000. 5.63 Intermediate education starts at the age of 13 and lasts Identified prior to publication of IAS critique, and three years. Students completing secondary education are revised in October 2004 Country Report. eligible for university. [20] […] > Source [1] ‗Regional Surveys of the World: Africa South of the Sahara‘ Europa Publications (2003), says that secondary education begins at 14 and adds ‗enrolment at primary schools included 44.7% of children in the relevant age-group (males 48.6%; females 40.8%), while secondary enrolment was equivalent to 28.8% of children in the relevant age-group (males 21.7%; females 36.2%).‘

See 5.96 of the October 2004 version.

See 5.112-5.113 of the October 2004 version.

5.64 Sudan has approximately 18 universities. […] [53] […] > Source [53] is not readily available. Information from the Sudanese Embassy refers to the National Comprehensive Strategy for higher education, including the ‗Arabicization of sciences at the higher education and scientific research institutions‘.

Source [53] was replaced with a more readily available See Annex E, source [53] of the October 2004 source prior to publication of the IAS critique. version. Arabisation dealt with in paragraphs 5.114, 6.63, 6.162 and in Section 6: Ethnic Groups, where tribes have experienced/accepted Arabisation (e.g. Beja, Massalit, Nuba).

Section 6 – Human Rights The information omitted from this part of the USSD 6.3 According to the USSD Report for 2003 the Security report is included, using a variety of sources and in forces and associated militias were responsible for extramore detail, elsewhere in Section 6. judicial killings and disappearances." [3a] (p 2) "Security forces regularly beat, harassed, arbitrarily arrested, and detained incommunicado opponents or suspected opponents of the Government". [3a] (p 2) The Special Rapporteur (SR) stated in January 2003 that "Overall, the role of the security apparatus as the main entity responsible for the human rights abuses as well as the impunity enjoyed by security officers remains an issue of serious concern." [2] (p 8) > Source [3a] ‗Country Reports on Human Rights Practices – 2003; Sudan‘ US Department of State (25 February 2004), continues, ‗Security
forces and associated militia beat refugees, raped women abducted during raids, and harassed and detained persons.‘"

See Section 6 with particular reference to Refugees and Asylum Seekers (6.232-6.237), Women (6.1936.205) and Freedom of Assembly and Assocation (6.80-6.112) of the October 2004 version.

6.4 Various human rights groups reported on specific cases concerning the violation of the human rights of organisations, groups and individuals' throughout 2003 and into 2004 [10k] > Source [10k] is not in CIPU‘s list of sources.

Corrected - see 6.4 of the October 2004 version.

6.14 According to a United Nations High Commissioner for Identified prior to publication of IAS critique, and corrected in October 2004 Country Report. Refugees (UNHCR) 'Background Paper on Refugees and Asylum Seekers from the Sudan' published in July 2000, The 1999 Press Act details the jurisdiction of the National Press Council (NPC), which can grant licences to the press, register journalists and issue sanctions and penalties." [7] (p 18) > Source [7] ‗World Legal Survey‘ International Lesbian and Gay Association is not the correct source. For ‗Background Paper on Refugees and Asylum Seekers from the Sudan‘ UNHCR (July 2000) see [2a]."

See 6.31 of the October 2004 version.

Omitted in error. 6.21 International news articles reported that, in a Presidential decree on 12 August 2003, President al-Bashir had announced the lifting of press censorship in Sudan, a move welcomed by the SPLM, AI and the chairman of the Sudanese journalists' general union. [12d] (p 1) [26b] (p 1) [26a] > Source [3a] ‗Country Reports on Human Rights Practices – Sudan‘ US Department of State (25 February 2004) reports President Bashir's announcements in October about
easing press restrictions, newspapers were not closed down while a court case was lodged against it; however, the security forces closed newspapers, and delayed investigations and court hearings, which resulted in significant financial losses for the newspapers before a charge was substantiated.

Included in October 2004 version - see 6.31, 6.41-42

Removed from Section 6 of the October 2004 version. See 5.19-21. 6.41 According to the UNHCR's July 2000 'Background Information available in State Structures: Political Paper on Refugees and Asylum Seekers from The Sudan', the 1999 Political Parties, where it has been correctly attributed to [2a]. Association Act, as revised by the 2000 Political Organisational Act, lifted the 1989 ban on political parties, which marked a significant change in government policy. [7] > Source [7] ‗World Legal Survey‘ International Lesbian and Gay Association is not the correct source. For ‗Background Paper on Refugees and Asylum Seekers from the Sudan‘ UNHCR (July 2000) see [2a].

6.48 [..] According to information received," by the Special Removed from the October 2004 version in favour of Rapporteur, "the students were attacked by anti-riot police" more recent information. which left two students seriously injured by gunfire and/or beatings and about one hundred students detained. [2b] (p 7)‘ . ‗.Source [2b] ‗Question of the Violation of Human Rights and Fundamental Freedoms in Any Part of the World - Situation of human rights in the Sudan‘ UN Economic and Social Council (6 January 2003) adds that about 60 of the students were subsequently released. ‗Most students were reportedly charged under sections 69, 77 and 142 of the 1991 Criminal Code.‘"

See 6.82-3, 6.91 and 6.93-4.

6.64 [..] Slavery, forced labour, and trafficking in persons reportedly persisted in Sudan and these activities particularly affected women and children. [3a] (p 25) > Source [3a] ‗Country Report on Human Rights Practices 2003: Sudan‘ US
 Department of State (25 February 2004) goes on to say:
There continued to be credible reports that government and government supported militias abducted women and children for their use as domestic servants, forced labour, or sex slaves; the majority of abductees were taken to government controlled parts of the country.

The treatment of women and children taken as slaves Rectified - See 6.128-30 of the October 2004 version. was included in the April 2004 report; however, the information concerning Government complicity in/apathy to the problem of slavery may not have been clear enough.

6.71 According to the USSD Report for 2003,[..] "The LRA [reportedly] continued to operate in the south and to hold a large number of child abductees during the year [2003]". [3a] (p 25) > The word ‗reportedly‘ is an addition by CIPU. It is not known why this particular sentence includes this addition, when most of the information in CIPU starts with the preface ‗According to the USSD Report for 2003‘. It appears to signify that CIPU find this particular bit of information doubtful despite the fact that it comes from the US Department of State. However, no reason is given for this."

The use of the word 'reportedly' was not meant to The use of the word 'reportedly' (as shown across) convey doubt concerning the validity of the information has not been included in the October 2004 version. quoted. However, it is accepted that this could be the conclusion of the reader.

6.73 [..] In June 2003 members of Nuba Women's Ru'ya This section concerns Freedom of Movement. The Association were prevented full quote was included at 6.250, in Opposition from travelling to a conference in Nuba. [3a] (p 17) Political Parties - Nuba Mountains. > Source [3a] ‗Country Report on Human Rights Practices 2003: Sudan‘ US
 Department of State Report adds: ‘the Government later occupied their offices in Khartoum, which remained closed at the year’s end.'

6.84 The 2001 Danish fact-finding Report and a letter dated 5 June 2002 from the British Ambassador to Sudan's Legal Advisor agreed that they were not aware of a written decree stating that returning Sudanese nationals who had been abroad for more than one year would be arrested and detained for questioning. [9b] (p 55) [25d] (p 2) […] > Source [25d] ‗Letter dated 10 June 2002 with attachment from the British Embassy in Khartoum about the existence of a written decree relating to returning Sudanese nationals‘ Foreign and Commonwealth Office (UK). This letter argues that any existing decree would have been superceded by the National Security Act 1999, but says ‗Nevertheless, such practice might exist as verbal and confidentiainstructions being part of the powers and functions of the Sudanese Security Authorities‘. However, the letter suggests there is a general feeling that the government of Sudan is ‗encouraging refugees, immigrants, asylum seekers and opposition members to come home. It is hoped that this may work as good publicity for the government that the situation is normal inside the country….some politically known figures have returned without suffering any human rights abuses.‘ 1362

It is accepted that some political opponents are still at risk of persecution in Sudan and it is considered that the Sudan Country Report of April 2004 accurately reflected the situation.

Although the FCO letter does contain information concerning the Government's attempts to encourage political opponents etc to return to Sudan, it does not state that it is safe for all political opponents to return. Further, the source has primarily been retained due to the information that has been cited in the April 2004 report re: the alleged1993 Decree concerning returning Sudanese nationals. There is more recent information about the treatment of political opponents elsewhere in the report for caseworkers to draw from when making their consideration of claims for asylum on the basis of political persecution. No additional comments on 6.257-6.260 could be found.

However, the US Department of State not only reports the continuing detentions ofpolitical opponents during 2003, but comments ‗Opposition leaders remained in self-imposed exile in Cairo, Asmara, and other locations‘. This suggests that it is not safe for all political opponents of the government to return and that each case should be looked at individually to identify for whom it is safe.1363 See also comments on 6.257- 6.260"

6.86 […] The 2001 fact-finding Report stated that The Netherlands Embassy was not aware of any examples of people suffering any harm while being questioned." [9b] (p 55) > Source [9b] ‗Human Rights Situation in Sudan and the Position of Sudanese Nationals in Egypt – 2000‘ Danish Immigration Service also states that the Netherlands Embassy said it ‘did not follow up on any deportations of rejected asylum applicants from the Netherlands.‘ There was no form of monitoring and the Embassy did not know what subsequently happened to those who had been returned and did not have information about the number of Sudanese citizens sent back from the Netherlands in the last year. The German Embassy said that ‗only in some individual cases had deportation been followed up."

Included in October 2004 version - see 6.152.

6.87 The 2000 Danish fact-finding Report contained varying opinons [sic] about the risk to returning members of opposition political parties. [9a] (p 25 - 26) The interviewees appeared to agree that anyone openly engaging in political activitites [sic] abroad would risk being questioned and possibly arrested on returning but whilst one source thought low-ranking members would be at more risk than high-ranking, another source thought the opposite. [9a] (p 25) The 2000 fact-finding Report stated that people returning to Sudan from countries that had tense or hostile relations with Sudan would be questioned, while the Danish 2001 fact-finding Report singled out returnees from Israel as being at particular risk. [9a] (p 25) [9b] (p 54)

As already discussed, there is a lack of more recent More up-to-date information was sought for the and reliable information than that which is presented in October 2004 report but none was found. the Danish FFMs of 2000 and 2001. It is considered that the April 2004 report presents the information contained in the two reports without any attempt to favour or conceal the differing opinions. No additional comments on 6.257-6.260 could be found.

> The situation facing returning Sudanese nationals is far from clear according to the sources cited by CIPU. The question of a written decree arose in source [9a] ‗FactFinding Mission Report of 2000, Human Rights Situation in Sudan and the Position of Sudanese Nationals in Egypt‘ Danish Immigration Service, when a member of the Sudan Human Rights Organisation (SHRO) said there was a decree requiring Sudanese nationals who had been abroad for over a year to be detained for questioning. Two other respondents said members of the political opposition who had been abroad were likely to be detained for questioning especially if they were SPLM/A members. In the second Fact-Finding mission (source [9b]), ‗Human Rights, Conscription and entry to and exit from Sudan – 2001,‘ much greater prominence is given to a member of the government administration, Major General Abdulbagi Albushra Abdulhay who said ‗that no Sudanese had been arrested or even questioned on their return from abroad unless they had some unresolved business with the Sudanese tax authorities or were suspected of previous criminal activities in Sudan‘ Oherwise, he said, even former militants could enter without having problems with the authorities, unless they were travelling on false passports, or had been in Israel when they would be questioned. No attempt is made by the Danish Immigration Service to reconcile the differences between the two reports. None of the information is recent and the Danish Mission notes in its Introduction to ‗Human Rights, Conscription and entry to and exit from Sudan – 2001‘ that the situation in Sudan can change very fast ‗and then there are the authorities‘ apparently spontaneous and arbitrary human rights violations‘.1365 See also comments on 6.257-6.260.

Identified prior to publication of IAS critique, and 6.103 The Massaleit are black African Muslims who live in corrected in October 2004 Country Report. Darfur State in the north west of Sudan. [7] (p 22)[..] > Source [7] ‗World Legal Survey‘ International Lesbian and Gay Association is not the correct source. Source [35a] ‗Sudan Country Study: Ethnicity, Language, The Muslim Peoples, Non-Muslim Peoples, Migration and Regionalism and Ethnicity data‘ Library of Congress (June 1991) indicates the information is correct." Identified prior to publication of IAS critique, and 6.104 The UNHCR's June 2000 'Background Paper' reported that the Massaleitclaimed that the Government is corrected in October 2004 Country Report. engaged in a policy of Arabisation" and that governmentsponsored militia groups are trying to eradicate them and other black tribes from western Sudan. [7] (p 22) > Source [7] ‗World Legal Survey‘ International Lesbian and Gay Association is not the correct source. For ‗Background Paper on Refugees and Asylum Seekers from the Sudan‘ UNHCR (July 2000) see [2a]."

See 6.171 of the October 2004 version.

See 6.172 of the October 2004 version.

6.107 The Fur have long been at risk from Arabic nomadic Identified prior to publication of IAS critique, and corrected in October 2004 Country Report - source groups, originally forenvironmental reasons which later [11h]. became entwined with racial prejudice, and havecontinued to suffer attacks by armed militia and Government forces. [37] (p 460) [11k] > Source [11k] 'Sudan: further Information on Flogging 'Intisar Bakri Abdulgader',Amnesty International (8 December 2003) is not the correct source. The informationis found in source [11l] ‗Fear for safety/ Fear of torture/Incommunicado detention‘
 Amnesty International (30 July 2003).

See 6.175 of the October 2004 version.

Identified prior to publication of IAS critique, and 6.109 The Zaghawa, like the Massaleit and the Fur, have corrected in October 2004 Country Report - source also been subjected toattacks by armed Arab militia and [11h]. Government forces in 2003. [11k] AI's February 2004 Report 'Darfur: Too many people killed for no reason" outlined the background to the conflict in Darfur and detailed the numerous reports of human rights abuses that continued to occur in Darfur. [11k] > Source [11k] 'Sudan: further Information on Flogging 'Intisar Bakri Abdulgader', Amnesty International (8 December 2003) is not the correct source. The information is found in source [11h] ‗Darfur: 'Too many people killed for no reason' Amnesty International (3 February 2004)." 6.251 […] Although there were reports of the forced return of refugees, the Government did generally grant asylum and protected refugees against refoulement. [3a] (p 18) > Source [3a] Country Report on Human Rights Practices 2003: Sudan, published February 2004, from which the statement above is taken, continues ‗however, there was no standard determination procedure and there were reports of the forced return of refugees to their countries of origin.

See 6.177 of the October 2004 version.

Full quote inserted - see 6.230 of the October 2004 version.

6.259 [..]. [25d] [..]. [9b] (p 55) [..] [25d] > See comments on 6.84- 6.87 above. ANNEX E – References to Source Material: Incorrect Citation of Source Material > Source [10k] is not in CIPU’s list of sources. > Source [29b] WHO Mental Health Project, ‗Project Atlas:Country Profile‘, is not
 accessible at http://mh-atlas.ic.gc.ca/)

See response to 6.84-6.87 above.

See action taken in 6.84-6.87 above.

Sources [10f] and [10j] have been cited - see 6.4 of the October 2004 version. New link found - see Annex E, source [29b].

Home Office response to IAS comments Vietnam Country Report April 2004
Country Vietnam Comment (Para nos refer to April 04 Country Report) Section 5 - State Structures 5.23 Information is wrongly attributed. 5.27 & 5.30 Information in paragraphs 5.27 and 5.30 is inconsistent 5.34 This refers to a source [6u] not listed in Annex F. 5.40 This is incorrectly source referenced. Noted. The information in paragraph 5.30 refers to incidents in 2001 and 2002. Noted. Noted. This information has now been updated. This information has now been removed. This paragraph has now been updated and source referenced to the relevant Annex. This source reference has now been removed and the section updated. This reference has now been removed and the section updated. This source has now been removed and the section updated. This section has now been updated with the correct information. Response Action taken

5.41 The source cited [5g] gives additional information This additional information was not considered essential. re. drug users. Noted. 5.46 Name of source [4g] incomplete. 5.47 Inaccurate information regarding new TB cases. Section 6 - Human Rights Noted.

Inaccuracies corrected. 6.29 Inaccurate spelling of two groups and suggestion Inaccuracies noted. for inclusion of additional group. We do not accept that we should include information on the Cham group here, as the latter is an ethnic group and not a religious group (as noted repeatedly on page 4 of source [1d]). The subject of this section is religious groups, not ethnic groups.

6.32 The source cited [1d] gives additional information. 6.39 The information given partly contradicts the source cited. 6.54 Inaccurate spelling of name. 6.59 Inaccurate spelling of name.

This source has now been updated. Noted. Noted. Noted.

The old source has now been replaced by the updated version. This reference has now been removed. This reference has now been removed. This reference has now been removed.

6.106 This information on trafficking needs to be clarified. 6.108-109 This information would be better placed in the Section on Women or Children. 6.110-6.111 There is no indication of the relevance of this information to Vietnam. 6.114 Information re. ho khau from source cited [6x] is wrongly interpreted. 6.119 The source cited [6z] is wrongly interpreted.

The source for this paragraph has now been updated. This section has now been updated to reflect the new information available. These paragraphs have now been removed. The information from paragraph 6.108 dates from 2000, so is no longer current. Noted. Both references have now been removed. Noted. The inaccuracy has now been deleted and the interpretation of the source amended to reflect it accurately.

We do not accept this criticism. Although the reviewer has quoted correctly from that source, the same source also mentions that a representative of the Vietnamese Embassy in Ottawa stated that a certificate of police clearance is not required from Vietnamese citizens to obtain a passport in Vietnam. Therefore, the source cited has been correctly interpreted. Noted. Noted. Noted. This information is now out-of-date. Noted. Noted. This information has now been amended to reflect more fully the source cited. This reference has now been removed. This reference has now been corrected. This reference has now been removed. This source has not been used in the updated Country Report. This source has not been used in the updated Country Report.

6.120 This paragraph has omitted relevant information from source cited [6n]. 6.151 Inaccurate spelling of name. 6.155 Inaccurate spelling of name. 6.171 Possible inaccuracy in information from source [4bo]. Annex F Source [6u] not listed. Source [8j] wrongly dated.

Home Office response to IAS comments Zimbabwe Country Report April 2004
Country Zimbabwe Response The Country Report presents an accurate picture of the overall situation. Country Reports neither aim nor 4.17 Does not reflect the scale and severity of attacks purport to cover every incident. in the run-up to the 2000 parliamentary elections. Comment (Para nos refer to April 04 Country Report) Action taken The October 2004 Report has reduced further the detail on specific incidents that pre-date the asylum claims we are currently dealing with and concentrates instead on presenting an accurate general picture of the situation. Oct 2004 report quotes Economist Intelligence Unit description of voting as ‗relatively‘ peaceful.

Country Reports neither aim nor purport to cover 4.23 Abduction of poll-monitors does not support assertion that voting process was ‗generally peaceful‘. every incident. Accept that, as worded, para 4.23 could be interpreted as downplaying the situation Theft of identity papers not mentioned. although this is of largely academic interest in the context of current asylum claims and the report nonetheless presents an accurate picture of the overall situation.

4.28 Little indication of scale of violence. Does not reflect systematic campaign against teachers.

Accept that ‗hundreds‘ injured could have been If detailed account is retained in April 2005 Country included. But although only giving a few examples the Report, consideration will be given to reference to overall tone of the paragraph is accurate. Situation of ‗hundreds‘ injured. teachers is comprehensively addressed in paragraphs 6.165 – 6.179.

4.40 Points of detail wrong. Does not report torture allegations. Does not tell end of story.

Accept errors in detail. Omission of torture allegations Story updated in October 2004 Report. Torture was an error but no impact on overall message of allegations reported in Oct 2004 Report. Errors of Report. detail to be addressed in April 2005 Report. Country Reports neither aim nor purport to cover Consider for April 2005 Report whether more attention every incident. Reports of attacks on family members needs to be given to whether family of activists may are included elsewhere in the report. However, it may be at risk, with perhaps a sub-section on this. help to be more explicit.

4.44 Does not mention that Trymore Midzi‘s family targeted when they tried to bury him – evidence that families too are under threat.

4.49 No mention is made of vote rigging.

Report makes very clear that elections are not free No action required. and fair. The Report is concerned with the electoral process only as a background issue insofar as it likely to impact individual asylum claims.

4.51 No mention made of moving ZANU-PF supporters into the constituency.

Report makes very clear that elections are not free No action required. and fair. The Report is concerned with the electoral process only as a background issue insofar as it likely to impact individual asylum claims. Accepted. October 2004 reflects that is MP for Mbare East. Clarify further in April 2005. No action.

4.84 Tichaona Munyanyi subsequently released and is MP for Mbare East. 4.86 No mention made of political manipulation of food distribution. 4.95 Threats against Gabriel Shumba continued after he left Zimbabwe. 4.107 No source given. No mention of previous murder attempts. Use of teargas suggests complicity of armed forces.

Not accepted. Comprehensively addressed in paras 6.232 – 6.248 Not sure this is appropriate for a Country Report. Look into further for April 2005 Report. Much would depend e.g. on sufficiency of protection in neighbouring countries. Unable to find source + accidentally omitted from Will seek alternative source for April 2005. October 2004 Report. For completeness should be reinstated and previous murder attempts reported but could make no material difference to asylum claim outcome as no question that MDC MPs would qualify for asylum. Teargas link is speculative. No action.

4.102 WOZA state that 78 arrests (against 72 in CR). Irrelevant difference in detail. 4.127 Question whether mass action was legal. 4.149 Observers claimed 400 arrested.

The Report makes clear that Tsvangirai claimed the No action. High Court Order was not binding. There will always be differing accounts. The difference No action. in numbers here makes no difference to the overall message that many people were arrested and claimed to have been beaten during a peaceful demonstration. Matter of opinion but in any case not a significant asylum issue. No action.

4.151 Does not fully reflect treatment students face.

The report presents an accurate picture of the overall No action. situation. Country Reports neither aim nor purport to cover every incident Accept. Other victims mentioned in Oct 2004 although 8, as 4.188 No mention made of 13 other victims. reported by Zimbabwe Human Rights NGO Forum, rather than 13 Accept, but no recent incidents and this is not Will reconsider for April 2005 but inclined to no action. 5.32 No mention made of problems faced by UP in something that arises in asylum claims. 2000 election. Will check for more recent reports but if nothing since 5.50 It is unclear that families of judges at risk in 2001. Am not aware of more recent incidents and 2001 information is now out of date except where relevant 2001, no action necessary. for credibility testing. This is covered elsewhere under particular incidents No action. 5.62 Zimbabwe military do not merely permit human e.g. paras 4.117, 4.134. rights abuses but perpetrate them. 4.161 Other roads were blocked too. Fred Chimbiri forced to flee town with his family. Farm workers beaten. Violence against farm workers is reflected in numerous references throughout the report. It does not purport to cover every incident. No action.

5.63 Explanation of problems facing police. 5.82 Claimed successes in community sentencing to alleviate prison overcrowding untrue. 5.81 In addition to two deaths, two prisoners were hospitalised.

Interesting but irrelevant to asylum claims – important No action. point is lack of effectiveness of police. Accept. Reference omitted from October 2004 as clearly unsuccessful. Hope to be able to replace with more up to date information anyway for April 2005. October 2004 offers up to date Economist Intelligence Unit assessment of the situation. Covered in Oct 2004. Repeat under ‗Education System‘ in April 2005

Report does not purport to cover everything – on balance should probably have included but point of detail with no impact on overall message. Contend that CR presents an accurate picture of the 5.87 + 5.90 Does not reflect extent to which health situation as far as it goes but accept could be more service ruined. comprehensive. 5.96 Rise in fees led to arrest of nine teachers in May Report was published in April 2004. 2004. No mention made of impact of land seizures on farm Covered briefly in land reform section but no numbers. Accept should also be covered in education but workers‘ children. peripheral issue with little relevance to current asylum caseload profile. 6.4 Pungwes have in fact continued. Accept that some claim they continue.

Will investigate further for April 2005.

6.7 Problems encountered by donors not corrected.

Accept that this counter view to the USSD Report Will seek to balance in April 2005. should have been reflected, although of interest rather than directly relevant to an individual asylum claim.

Media issues are given disproportionate coverage. Reduced concentration on media issues in Oct 2004. Country Reports do not purport to cover every incident. Reduced concentration on media issues in Oct 2004. 6.31 Important to note campaign against journalists in Media issues are given disproportionate coverage. Country Reports do not purport to cover every incident 2000 and 2001 but in any case these are now out of date. 6.29 Even some members of government owned papers victimised. 6.52 Other media stories Media issues are given disproportionate coverage. Reduced concentration on media issues in Oct 2004. Country Reports do not purport to cover every incident but in any case these are now out of date. Accept Do not understand the point being made. Deleted for Oct 2004. None.

6.108 Information out of date 6.151 No distinction between consensual and nonconsensual gay sex. 6.179 No mention of enforced political training forced on teachers.

Not in so many words but treatment of teachers No action. comprehensively covered and no question that report paints a bleak picture. Country Reports do not purport to cover every incident. Accept. Mention in April 2005 although only of peripheral 6.229 No mention made of ‗Justice for Agriculture‘ interest. None. 6.248 Impossible to get accurate picture of how many I agree. will need food aid.


								
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