A Deep Dive into Egypt’s New Refugee and Asylum Seeker
Law no. 164/2024
By Lauren Williams, Senior Counsel
According to the United Nations High Commission on Refugees
(UNHCR), there were 822,701 refugees or asylum seekers residing in Egypt,
hailing from 59 different countries of origin. However, this statistic does not
accurately reflect the financial and social impact of neighboring crises
driving refugees to Egypt, as UN registration requirements result in
underreporting. As such, it became necessary for Egypt to establish a legal
framework for the processing and documentation of refugees, without prejudice
to Egypt’s international obligations and the treaties to which it has acceded.
Law no. 164/2024 established the Permanent Committee on
Refugee Affairs. The Committee is responsible for the following:
· Issuing decisions on asylum
requests
· Liaising with the UNHCR, in
coordination with Egypt’s Ministry of Foreign Affairs
· Coordinating with the
Egyptian administrative authorities to provide support and services
Asylum requests can be submitted to the Committee by the
asylum seeker or his/her legal representative, and the Committee is obligated
to issue its decision within six months. Law no. 164/2024 defines refugees as “foreigners
outside of their country of citizenship or usual residence for a reasonable
justification based upon their serious, justifiable fear of exposure to
persecution due to race, religion, citizenship, belonging to a certain social
group, or political opinions; or because of foreign aggression, occupation or
other events that seriously threaten public security in their country of
citizenship or usual residence; as well as all stateless people outside of
their usual country of residence due to any of those circumstances, and are
unable or unwilling, as a result of such serious fear, to return to their
country”.
While Egypt has
taken significant steps to streamline the refugee registration process,
national security remains the top priority.
Anyone who has
committed a serious crime before entering Egypt, is reasonably thought to have
a committed a war crime or a crime against humanity, has committed an act
against UN principles, has harmed national security or public order, or is
listed on Egypt’s list of terrorists and terrorist organizations as per Law no.
8/2015 is barred from seeking asylum in Egypt.
Similarly, the
Committee can revoke refugee status from individuals who have obtained refugee
status under false pretenses, are proven to have committed an offense that
would ordinarily prevent the granting of refugee status, or who participate in
political or union activity or commit acts that harm Egypt’s national security.
Refugees also lose
their status within 15 days if they do any of the following:
· Return voluntarily to their country of citizenship or usual residence
· Become Egyptian citizens or acquire another citizenship
·No longer have a justified fear of persecution and refuse to accept
their country’s protection
· Are repatriated to a third-party country
· Leave Egypt for six months without an excuse accepted by the Committee
In this case, the
Committee is entitled to request that the Interior Ministry deport individuals
who can no longer be classified as refugees.
Refugee Rights
Refugees have the
right to obtain a passport issued by the Egyptian Interior Ministry, unless the
Committee decides that a refugee is ineligible for national security
considerations.
They are also
protected from forced repatriation, without prejudice to Egypt’s right to
relocate refugees to third-party countries. Freedom of religion is granted to
all refugees, but freedom of religious practice is limited to believers in the
Abrahamic faiths. Despite the prohibition on political activity, refugees are
permitted to join NGOs and serve on their boards.
There are no
refugee-specific prohibitions on refugees’ ownership of property; and they are
subject to the same provisions governing other foreigners in this regard.
Refugees can also
establish companies and join existing companies as shareholders.
Most importantly,
refugees have the right to receive appropriate medical care.
Education
Refugee children have the right to a basic education, and those who hold
educational certificates from abroad are entitled to have such certificates
recognized.
Employment
Refugees are
entitled to work in Egypt upon obtaining a temporary permit from the Interior
Ministry, even in independent professions governed by syndicates, such as the
legal and medical professions. If syndicate membership is required to practice
a profession, a refugee must submit a recognized degree/certificate from his
country of origin in order to be allowed to practice that profession in Egypt. Employers
may be discouraged from hiring refugees because the law imposes a penalty of at
least six months’ detention and/or a fine of EGP 50-100k for anyone who employs
or temporarily hires a refugee without informing the police precinct where the
workplace or job site is located.
Marriage, Divorce, and Custody
In matters of
personal status, refugees are governed by the law of their country of
citizenship. Stateless persons are subject to the law of their previous country
of usual residence.
Taxes and
Finances
Refugees are
exempted from taxes, court fees, and governmental fees, with the exception of
refugee documentation fees. However, the law permits the Committee to request
that the Interior Ministry consider exempting refugees from such fees as well.
Domestic and
International Travel and Relocation
Refugees have
freedom of movement within Egypt but are required to notify the Committee of
any changes in their permanent address. They also have the right to voluntarily
return to their country of origin.
Commentary
Law no. 164/2024 provides a general framework for the granting of refugee
status and refugee rights in Egypt. However, there are some matters that remain
unclear. Refugees’ right to education is without prejudice to the existing
legislation governing foreigners ‘education in Egypt. Many refugees do not have
the financial resources to enroll in private schools, and public school
enrollment is limited to Sudanese, Libyan, Saudi, and Jordanian nationals.
Also, the efficiency and viability of the law’s provisions, in concert
with the existing UNHCR regulations cannot be determined until the Executive
Regulations to the law are issued. It is not clear how refugees in Egypt will
be treated if they are granted refugee status by the UNHCR but do not meet the
qualifications for refugee status under Egyptian law, particularly as the law
is without prejudice to Egypt’s obligations under international treaties.
Still, the law has several advantages in that it will reduce potential
arbitrary deportations of refugees and asylum seekers, provide a parallel path
to seek refugee status in Egypt for those unable to meet the UNHCR
requirements, and ensure that the burgeoning number of refugees does not
threaten Egypt’s security.