The Egyptian Commission condemns and denounces the forced return of asylum seekers in Egypt and demands the protection guaranteed by law and international agreements.
In a new escalation by the government against refugees, Professor Othman Hussein Yaqoub (a Sudanese national) and Director of the African Vision Center for Sudanese Education on the 6th of October City, was arrested due to his teaching of the Sudanese curriculum. He was arrested on 01-07-2024 from the school premises on the 6th of October without legal grounds. He was detained at the 6th of October Second Police Station and was not presented to the prosecution, with the station denying his presence. Until the evening of 07-07-2024, the 6th of October Second Police Station contacted the refugee’s family, insisting on booking a travel ticket to Sudan to deport Othman Hussein, stating that his presence in Egypt is undesirable by Egyptian authorities without providing reasons, conducting an investigation, or even referring him to the public prosecution.
Despite no charges being brought against Professor Othman Hussein Yaqoub, and despite being registered with the United Nations High Commissioner for Refugees (UNHCR) since 2013, which entitles him to its protection, and the security authorities being aware of his refugee card and the validity of his residence permit until August of this year, according to his family, the Sudanese embassy has agreed to issue a travel document for the refugee in preparation for his forced return based on the request made by the Egyptian authorities represented by the Immigration and Passports Department, and the refugee is expected to be deported at any moment.
This situation raises many questions about the practices of the Egyptian authorities towards refugees, and their right to safety without fear of arrest or deportation threats, especially as this violation contradicts the laws since the mentioned refugee is registered with the United Nations High Commissioner for Refugees (UNHCR), and therefore one of the primary rights of a refugee registered with UNHCR is to obtain residence and protection from arrest and forced deportation to his country of origin.
Article 8 of the Statute of the Office of the United Nations High Commissioner for Refugees states on solving the refugee problem: “The mission of international protection includes preventing the forced return of refugees, assisting in the stabilization of asylum seekers through uncomplicated procedures, providing legal aid and counsel to them, and making arrangements to ensure their safety and security, encouraging safe voluntary return, and assisting in their reintegration.”
Additionally, the principle of nonrefoulement prohibits any forced return of a person from one authority to another when there are reasons to believe that the person will face the risk of human rights violations, including the possibility of torture, or other forms of ill-treatment, arbitrary deprivation of life, or persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Consequently, forced return is prohibited by Egyptian judiciary decisions, which refer to the provisions of the 1951 Convention after Egypt ratified it.
Moreover, beyond the principle of non-refoulement in international law, there is the commitment stated in the constitution. Article 91 of the Egyptian Constitution stipulates: “The State shall grant political asylum to any foreigner persecuted for defending the interests of peoples, human rights, peace, or justice. The extradition of political refugees is prohibited, all by the law.” Article 93 of the Egyptian Constitution also states: “The State shall commit to the international agreements, covenants, and conventions on human rights ratified by Egypt, and they shall have the force of law after their publication by the prescribed conditions.”
Despite these commitments, violations occur frequently.
Therefore, the Egyptian Commission for Rights and Freedoms stands in solidarity with the family of Professor Othman, urging the Egyptian authorities to release him immediately, emphasizing that he poses no threat to security in any way, but rather performs his humanitarian duty towards refugee children. The commission also calls on the Egyptian authorities to cease the campaigns of arrest, detention, forced deportation, or threats thereof against refugees, especially those registered with the United Nations and under its protection, as such actions violate the constitution and law.
