Beirut — Revise Draft Law in Consultation with Civil Society, UN Refugee Agency
Egypt's draft asylum law, if enacted, risks violating the rights of refugees and asylum seekers, Human Rights Watch said today. The law would hinder the work of United Nations agencies and others providing vital services and breach Egypt's obligations under international law.
Egypt's parliament approved the Law Regarding the Asylum of Foreigners on November 19, 2024, in a rushed process without meaningful consultation with the UN Refugee Agency (UNHCR) or civil society groups. The draft law, which would be the first regulating asylum and refugee affairs in Egypt, awaits ratification by President Abdel Fattah al-Sisi. Accompanying executive regulations would be issued within six months.
"National asylum laws are sorely needed in North Africa, but Egypt rushing a flawed law through will only worsen the gaps in protection and risks facing refugees and asylum seekers," said Lauren Seibert, refugee and migrant rights researcher at Human Rights Watch. "The government should heed the calls from civil society to revise this legislation in line with international standards."
Human Rights Watch reviewed a version of the draft asylum law published online by local media after parliament's approval. Available versions appear to differ slightly in language.
If enacted, the draft law would increase the risk that authorities could arbitrarily deny or withdraw asylum. It would fail to protect asylum seekers' rights, allow authorities to use emergency powers to detract from rights, force refugees to comply with vaguely worded rules, and criminalize irregular entry and unofficial aid to asylum seekers.
The president should return the bill to parliament, which should consult with civil society and UNHCR in a deliberative and transparent way to correct the bill's language.
Egypt is a party to the 1951 UN Refugee Convention and the 1969 African Refugee Convention. Integrating these international commitments into domestic law and assuming greater responsibility for managing the asylum process, as authorities sought to do through this bill, are important goals. However, because of the lack of consultation during the bill's drafting and due to the text's legal gaps, loopholes, unclear language, and elements incompatible with international standards, adoption of the law would be a step backwards for refugee protection in Egypt, Human Rights Watch said.
Since 1954, under a memorandum of understanding with the government, UNHCR has registered asylum seekers, determined refugee status, and issued documentation to refugees and asylum seekers in Egypt. The new law would shift these responsibilities to a new national regulatory body called the Permanent Committee for Refugee Affairs. The Committee would also ensure provision of support and services to refugees and cooperate with UNHCR.
Over 845,000 refugees and asylum seekers were registered with UNHCR in Egypt as of the end of November 2024. This figure is most likely an undercount and does not include unregistered asylum seekers, whom Egyptian authorities have often conflated with irregular migrants.
Human Rights Watch and other groups have already documented numerous human rights violations against asylum seekers and refugees in Egypt in recent years, including arbitrary arrests and mistreatment, restricted access to education, visa requirements blocking access to safety, and unlawful expulsions to Sudan and Eritrea.
Human rights groups in Egypt have expressed many concerns with the draft asylum law, including over the independence of the new Committee and the rush to shift to a new system without an agreed-upon transition process. Under articles 35 and 36 of the UN Refugee Convention, states should undertake to cooperate with UNHCR, including by informing UNHCR about legislation that may be adopted relating to refugees. With the secretive development and rushed approval of the draft law, Egypt failed to meet this treaty commitment and should reverse course.
Under the draft law, criteria that would exclude people from asylum or cancel their refugee status are overly broad and not in line with those in the UN or African refugee conventions. As a result, people could be arbitrarily denied access to protection or stripped of it.
The law would also require refugees to adhere to specific obligations or face revocation of refugee status and deportation. These include a ban on participation in political or union activities, which is not in line with international law, as well as a requirement to respect Egypt's laws and undefined "values" and "traditions" of Egyptian society. It also would prohibit activities that "harm national security or public order" and "hostile acts" against other countries, punishable by a fine or prison term. These provisions contain vague terms that can be easily abused.
While the bill enumerates the rights of recognized refugees, it does not establish the rights of asylum seekers or procedural safeguards for the asylum process, such as rights to legal representation, to an interpreter, or to challenge the legality of detention.
The law also fails to provide for a legal immigration status for refugees or asylum seekers in Egypt. It instead reinforces the criminalization of irregular migration, contrary to international standards, by requiring asylum seekers to submit applications within 45 days of arrival, under penalty of prison or fines. In contrast, article 31 of the UN Refugee Convention prohibits governments from penalizing asylum seekers for irregular entry, "provided they present themselves without delay to the authorities." Legal guidance by UNHCR indicates that this should be assessed based on individual circumstances, rather than a set deadline.
Egypt's draft law provides for the rights of recognized refugees, including to health care, basic education, work, freedom of religion, documentation, property, freedom of movement, and application for citizenship. However, these provisions deviate from the language of the UN and African refugee conventions, in many cases narrowing the rights. Exceptions included in the bill would make it easy for officials to arbitrarily deny certain rights, such as freedom of movement and provision of travel documents.
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The draft law also appears to criminalize unofficial aid to asylum seekers, as article 37 penalizes anyone who "employs or shelters an asylum seeker" without notifying the police, punishing violators with a fine and at least six months in prison.
Vaguely worded emergency powers would allow the government to pursue any "measures and procedures" it deems necessary towards asylum seekers for reasons of "national security and public order" during war, to combat terrorism, or in "serious or exceptional circumstances." These powers, which are broader in scope than the UN Refugee Convention's "provisional measures" in article 9, could be used to negate the essence of the right to asylum.
"The draft asylum law, if enacted as written, would increase the risk of further violations of refugees' and asylum seekers' rights," Seibert said. "Egypt's partners, including the European Union and its member states, should urge the Egyptian government to amend the law to comply with its international legal obligations, and they should include human rights safeguards in their migration cooperation with Egypt to avoid complicity in abuses."
