New asylum law raises concerns of violations in Egypt

Egypt’s first asylum law raises concerns of violations being committed against refugees and asylum seekers, especially after responsibility for registering asylum seekers and determining their refugee status is transferred from the UN High Commissioner for Refugees (UNHCR) to the Egyptian government.

A few days ago, Egyptian President Abdel Fattah El-Sisi ratified the law, despite international appeals and human rights demands not to ratify it before it adheres to international standards that would improve refugee rights in the country.

Egypt hosts about 9 million refugees, according to government estimates, but the UNHCR estimates that only 845,000 refugees are registered with it, and they are entitled to receive financial assistance, education, and health care.

Flawed clauses

The state of urgency and haste that surrounded passing the law through the Egyptian House of Representatives created an environment for criticism and raising doubts about the flawed law by human rights organisations, the refugee community, and other concerned parties.

Sensitive laws are often passed in Egypt without holding a community dialogue about them, giving the media the opportunity to discuss their provisions, or organising hearings in the Egyptian parliament to discuss their articles with relevant experts and civil society organisations.

The chairman of the Human Rights Committee in the Egyptian parliament, Tarek Radwan, tried to justify this by saying that “the speed of legislation stems from the need for legislation.”

Opponents say that the law that came into effect did not fulfil Egypt’s international obligations, and instead allows more violations against refugees and asylum seekers.

Under the law, which consists of 39 articles, the Permanent Committee for Refugee Affairs, a governmental committee composed of representatives from the Foreign Affairs, Interior, Justice, and Finance ministries, is responsible for managing the national asylum system.

The governmental committee has absolute power to request the adoption of any “measures and procedure” it deems necessary regarding refugees, without the law specifying the nature of these procedures. Such provisions may be subject to misuse, in light of the violent security grip that controls the country.

Article 8 of the law prohibits accepting an application for asylum “if there are real reasons for the applicant to have committed a crime against peace or humanity or a war crime, if they committed a serious crime before entering Egypt, if they committed any acts that violate the goals and principles of the UN, if they are on the lists of terrorist entities and terrorists inside Egypt, or if they committed any acts that would harm national security or public order.”

Article 10 of the law states, “The relevant committee shall, in times of war, within the framework of taking measures set by law to combat terrorism, or in the event of serious or exceptional circumstances, has the right to request whatever measures and procedures it deems necessary towards the refugee to protect national security and public order, in the manner regulated by the executive regulations of this law.”

Article 29 of the law prohibits the refugee from engaging in any activity that would harm national security or public order or conflict with the goals and principles of the UN, the African Union, the Arab League, or any organisation to which Egypt is a party, or committing any hostile act against their country of origin or any other country.

Twenty-two Egyptian and international human rights organisations issued a joint statement expressing their concern regarding the repeated use of the term “national security,” describing it as “vague and expansive”, and thus could be used to restrict the rights of refugees without oversight or the right to resort to the judiciary.

The law requires the cancellation of refugee status and deportation from the country if they participate in any political or partisan activity, work in unions, establish, join or participate in any form in political parties, or fail to respect the “values ​​and traditions of Egyptian society,” which also includes vague phrases that the administrative authority can interpret as it wishes.

The provisions of the law criminalise the provision of informal assistance to asylum seekers, as Article 37 punishes anyone who “employs or shelters an asylum seeker” without notifying the police. Punishment for violators is imprisonment for no less than six months, a fine, or both. This is a means to intimidate Egyptian citizens and stopping them from dealing with refugees, renting housing units to them, or employing them.

Violations committed against refugees in Egypt include arbitrary arrests, forced deportation, ill-treatment, denial of the ability to seek asylum or appeal deportation decisions, and restrictions on access to education and aid, according to human rights reports.

READ: Egypt unlawfully deported Sudan refugees, rights group says 

Positive benefits

On the other hand, there is an official praise of the benefits that the law provides to refugees, especially the legalisation of their status, granting them the right to education and work, and the right to obtain Egyptian citizenship.

The law allows those applying for asylum through the government committee to receive a decision on their application within 6 months for those who entered the country legally, and within a maximum of one year for those who entered the country illegally, provided that applications submitted by persons with disabilities, the elderly, pregnant women, children, and victims of human trafficking, torture, and sexual violence, have first priority in their application revision.

The new law grants several advantages to the refugee, including obtaining a travel document, prohibiting extradition to the country of nationality or country of habitual residence, freedom of religious belief and practice, being subject to the law of their country of residence, and receiving the same rights granted to foreigners in terms of rights related immovable and movable property, the right to litigate, and the right to work and establish companies or join existing companies, obtain appropriate health care, and participate in membership of civil society organisations. The law also prohibits the imposition of any taxes, fees or any other financial burdens, different from those imposed on citizens, on them, and grants them the right of their educational certificates granted abroad being recognised.

It may also pave the way for Egypt’s development from a transit country to a destination country for refugees, after legalising their status, especially since the most populated Arab country receives generous European support in its fight against illegal immigration. Its officials may aim to obtain more after the new law comes into effect.

Last March, European Commission President Ursula von der Leyen announced a €7.4-billion financial support package for Egypt as part of an agreement to upgrade the relationship between the EU and Egypt to the level of a “comprehensive strategic partnership.”

According to political researcher Mohamed Gomaa, Cairo is meeting its responsibilities arising from the partnership agreement with the EU related to cooperation in the field of immigration and border control and aims to prevent refugee migration to Europe.

Gomaa expresses his understanding of Egypt’s concerns regarding national security considerations, but he believes that the law’s failure to be put up for a societal debate explains the great legal rejection of it, given the presence of many provisions that are full of loopholes.

READ: Egypt hosts international conference to address Sudan crisis 

Human rights amendments

Some may believe that the presidential endorsement of the law will stop the controversy surrounding its provisions, but the actual implementation of the law may hinder the work of UN agencies concerned with providing vital services to refugees.

A human rights source pointed out that the law ignored the fate of the UNHCR, or the nature of its tasks, after undermining the protection system it supervises, and handing the entire matter over to a government committee, which did not grant the UNHCR a permanent seat, alongside other bodies representing the Egyptian government.

The UNHCR was previously responsible for registering and saving refugee data, as well as deciding on asylum applications under a memorandum of understanding it signed with Egypt in 1954. However, the new law transferred those powers to a government committee connected to the Egyptian Prime Minister.

The UNHCR is calling on the Egyptian government to implement a transitional plan that allows for the establishment of an asylum management system in line with international and regional standards.

These problems prompted seven UN Human Rights Council rapporteurs to send a joint letter to the Egyptian government last week, in which they called for amending the new asylum law, describing it as clearly in breach of Egypt’s legal obligations under the multiple asylum laws it has approved.

The new asylum law has not eliminated the fears of violations against refugees and may open the door to international pressure to make amendments that guarantee the protection of the human rights of refugees and asylum seekers in Egypt.

READ: Sudan refugees in Egypt caught between conflict and crackdown 

The views expressed in this article belong to the author and do not necessarily reflect the editorial policy of Middle East Monitor.