Towards integrated legislation for refugees and immigrants in Egypt

 

Contents

Research Methodology

Introduction

First topic: Distinction between the refugee and other foreigners residing in Egypt

• Distinction between refugee and other foreigners or migrants
• The Center for Palestinian Refugees in International Law – UNRWA Mandate

Second topic: Determining the legislation related to refugees, according to the definition of international and regional conventions

First: International and Regional Conventions Ratified by the Egyptian Government

• International Convention relating to the Status of Refugees, 1951 (Geneva Convention)
• Egypt’s reservations to the Geneva Convention
• Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa 1969
• Principles of the African-Asian Judicial Advisory Committee (Bangkok) 1966

Second: Egyptian legislation related to refugees

• Constitutional legislation
• Ordinary legislation

Third Topic: The Legal Status of Refugees in Egyptian Legislation

First: Rights related to freedoms

• Freedom of movement (entry into the territory of the Arab Republic of Egypt – residence of foreigners in Egypt – types of residence – renewal of residence – refugees illegally present – prohibition of expulsion or restitution – deportation – detention)
• Religion and freedom of belief – Personal status – Right to litigation before the courts – Technical rights and industrial property – Right to belong to associations – Ownership of movable and immovable property
• Interim measures and constitutional protection against general expropriation and nationalization – Interim measures and state of emergency

Second: Rights Related to Services

• Identity cards – paid work, self-employment and liberal professions – formal education (general education – education in technical institutes – education in universities – graduate students)
• Housing – Social Security – General Relief and Assistance – Public Costs and Tax Burdens
• Local integration within Egyptian society (naturalization)

Recommendations

 

 

Research Methodology

The research relied on international principles and references related to refugees according to the definitions set by international law in international and regional conventions ratified by the Egyptian government, especially the Geneva Convention of 1951, the Additional Protocol of 1967, the Organization of African Unity Convention of 1969, the principles of (Bangkok) 1966, as well as the resolutions of the United Nations General Assembly, and the relevant Egyptian legislation over the past years and follow the amendments that were received starting with the Egyptian constitution and laws through the decisions of the President of the Republic and ministerial decisions. The research also relied on a number of precedents of judicial rulings revealing legal positions that were absent from available legislation.

The research also used a survey of the views of refugees and asylum seekers residing in Egypt about the procedures they are going through and what they hope to activate or develop in their favor. These opinions were extracted from 66 recent questionnaires that included a number of refugees and asylum seekers of various nationalities.  The field work took place from October 2023 until January 2024 for more than 10 different nationalities.

The cases surveyed include refugees and asylum seekers from the following areas in the Arab Republic of Egypt: Greater Cairo: (6th of October – Faisal – Obour City – Tenth of Ramadan – Ain Shams – El Shorouk City – Belbeis – Helwan – Ezbet Al-Haggana – Boulaq Dakrour – Haram Maadi – Sheikh Zayed – Ard El Lewa – Nasr City), Alexandria City: (Sidi Bishr – Borg El Arab), Beheira Governorate, Marsa Matrouh and Mansoura.

Introduction

Egypt now undoubtedly embraces a large number of asylum seekers, migrants and expatriates, and a large part of these are economic migrants who came to seek job opportunities and a better life or wait for the opportunity to travel to a better country in terms of work and residence, and also represents a safe haven for those who fled wars and armed conflicts from neighboring countries and others. While there is no specific law governing the relationship of the Egyptian state with refugees and asylum seekers residing on its territory, the need now appears more than ever for the issuance of comprehensive legislation that addresses all aspects related to the conditions of this large number, and be a pillar of social peace, equality and coexistence. For the issuance of such legislation, it must refer to a number of important references to reach the most appropriate principles that contribute to the formulation of integrated legislation that preserves the social peace of the homeland and preserves the rights of refugees and defines their obligations, in line with the current conditions in the region, especially since the legislation in force, although incomplete and insufficient, it has been passed a long time ago and has intertwined with many decisions and laws, some of which were issued only for the purposes of collecting fees or bringing in grants and aid without considering the purpose of the law, which is to facilitate the life of citizens. The most important of these references that should be taken into account are:

First: Distinguish between refugees and other foreigners residing in Egypt according to the definitions set by international law, as well as the distinction between refugees under the jurisdiction of the United Nations High Commissioner for Human Rights and Palestinian refugees under the mandate of UNRWA.

Second: Legislation directly and indirectly related to refugees and their identification, in accordance with the definition contained in international and regional conventions related to refugees.

Third: The legislator should take into account the opinions, conditions and circumstances of the resident refugees and their needs, which are represented in the minimum level of protection and human life with dignity and equality, in parallel with taking into account the interest of the Egyptian society, to ensure integration and social peace.

First topic

Distinction between refugees and other foreigners residing in Egypt

It is important to distinguish between refugees and forced migrants and other illegal immigrants (the phenomenon of clandestine immigration or irregular migration), and between foreigners legally and officially residing in the territory of the State.

1. Distinction between a refugee and other foreigners or migrants:

International conventions, especially the Geneva Convention of 1951 which Egypt signed and ratified, are the main determinants of the definition and status of a refugee. The first article of the Convention clearly defines who a refugee is and is summarized as follows[1]:

1. Actual residence or presence outside the borders of the country of origin, or the country of habitual residence if the person is stateless.
2. There is a genuine and justifiable fear of persecution in the country of origin because of race, religion, national affiliation, and membership of a specific social group or the political opinion of the person concerned.
3. The person concerned does not have the possibility to return home or does not want to return home for one of the reasons mentioned above.

Accordingly, all those who do not meet these qualifications shall be excluded from enjoying this basic feature of refugee status in accordance with the relevant international conventions, in particular the Geneva Convention of 1951 and the Additional Protocol of 1967 relating to the status of refugees. Thus, the official number of refugees is the number of refugees registered with the UNHCR in Egypt according to the 2023 statistics, which does not exceed 600,000 refugees (600,000 refugees), hosted by Egypt from registered refugees and asylum seekers of 62 nationalities. As of October 2023, Sudanese nationality became the most numerous, followed by Syrian nationality, followed by smaller numbers from South Sudan, Eritrea, Ethiopia, Yemen, Somalia, and Iraq^[2].

While some official statistics claim that there are nine million foreigners^[3] who are described by some as refugees; and even statements were issued by the Prime Minister that the cost of this number in Egypt reaches more than 10 billion dollars annually, while the truth is that these – with the exception of Palestinian refugees registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) [4] – are considered illegal immigrants (irregular migration) until proven otherwise, or they are considered asylum seekers who are unable to access UNHCR for their registration for reasons that we will mention later^[5].

1. Status of Palestinian Refugees in International Law – UNRWA Mandate: One of the results of the Israeli occupation of Palestine was that hundreds of thousands of Palestinians were forced to be displaced from their homes and displaced in neighboring countries and left behind everything they owned. The international community had to find appropriate ways to confront the tragedy of refugees, and accordingly the United Nations General Assembly adopted its resolution No. 302 of December 8, 1949 to establish a specialized international agency concerned with Palestinian refugees, the United Nations Relief and Works Agency for Palestine Refugees in the Near East. UNRWA”, which relies in its funding on financial and in-kind contributions from member and non-member States of the United Nations, and in confirmation of this, Resolution 302 states that the General Assembly “requests all Member and non-Member States of the United Nations to make financial and in-kind contributions to secure the necessary financial and other resources.”

In the light of this resolution, the main mission of UNRWA is to provide assistance to the Palestinian refugees who were displaced from Palestine as a result of the 1948 war in cooperation with the concerned governments in the Near East. UNRWA assistance is concentrated in the fields of nutrition, public health and education to the Palestinian refugees who were displaced from that part of Palestine on which the State of Israel was established in 1948 and who sought refuge in Jordan, Syria, Lebanon and the occupied territories of Arab Palestine.

On 4 July 1967, the United Nations General Assembly adopted Resolution ES-V 2252 temporarily expanding UNRWA’s mandate to include Palestinians who were displaced from the Gaza Strip to the Arab Republic of Egypt during the June 1967 war[6].

UNRWA’s definition of a Palestinian refugee:

UNRWA adopted an applied definition of a Palestinian refugee that differs markedly from the definition of “refugee” in international conventions, and the conditions for applying the status of “refugee” to the Palestinian individual from the UNRWA point of view are:

“Any person in need whose place of habitual residence was Palestine for at least two consecutive years preceding the events of 1948, and as a result of these events he lost his home and the necessities of his livelihood”. The mandate of UNRWA is limited to a limited geographical area that includes: “Syria, Jordan, Lebanon, the occupied Palestinian territories and Palestinians who were displaced from the Gaza Strip to the Arab Republic of Egypt during the June 1967 war”. This definition was later expanded to include children of male Palestinian refugee descent.

It is worth mentioning that the definition of refugee followed by UNRWA is only an applied indicator that guides the Agency’s policy in the field of providing humanitarian assistance, and therefore we find that a good percentage of Palestinians concerned by the United Nations General Assembly Resolution 194 meet all the conditions for refugee status in accordance with the 1951 Convention and the 1967 Protocol relating to the Status of Refugees as well as the Charter of the United Nations High Commissioner for Refugees.

Palestinian refugees and UNHCR:

The Office of the United Nations High Commissioner for Refugees (UNHCR) was established on the basis of United Nations General Assembly Resolution 319 of 3 December 1949, the same period in which the General Assembly adopted its resolution 302 establishing the United Nations Relief and Works Agency for Palestine Refugees.

State policies at the time played an important role in determining the powers of the High Commissioner so that the Palestinians remained outside the framework of his mandate, as it was stated in Article (1) 7 of the Charter that the powers of the High Commissioner do not extend to: “Any person who enjoys the protection or assistance of any of the other United Nations agencies.”

In view of the current political situation, and the tendency of donor countries to completely stop funding of UNRWA, which was previously suffering from a lack of funding, which prevented it from providing any significant assistance, and in light of the poor living conditions of Palestinian refugees, securing international protection for Palestinian refugees remained an urgent need that UNRWA cannot meet, which makes it imperative for UNHCR to secure international protection for them wherever they are, like other refugees in various regions of the world.

However, the extreme political sensitivity of the Palestinian issue and the fact that UNRWA continues to provide some services to registered refugees has made UNHCR’s role towards Palestine refugees small compared to the role played by this organization with regard to other categories of refugees in various regions of the world.

Second Topic

Defining legislation related to refugees, according to the definition of international and regional conventions

In Egypt, there are no laws regulating the protection of refugees, asylum seekers and migrants, and the current Egyptian legislation related to the rights and duties of refugees is merely the following:

1. International and regional conventions ratified by the Egyptian government, published in accordance with the constitutional procedures stipulated in Article (93 of the amended 2014 Constitution in 2019) ^[7], and became part of the internal legal system, taking into account the reservations made by the Egyptian government to these conventions, whether interpretative reservations or reservations by exclusion.
2. Laws related to the status of foreigners in Egypt and executive decisions, whether with regard to nationality and residence laws, personal status, property laws, labor laws and social insurance laws, and laws concerning education, health, housing, and private associations.

First: International and Regional Conventions Ratified by the Egyptian Government[8]

International Convention relating to the Status of Refugees, 1951 (Geneva Convention) ^[9]

It defined a refugee as any person (who exists as a result of events that have occurred “wars, disasters or disturbances” or because of a justifiable fear of being persecuted because of his race, religion, nationality, membership of a particular social group or political opinions, outside his country of nationality, and because of that fear, cannot or does not want to remain protected by that country, or any person who does not possess a nationality and is outside his country of previous habitual residence as a result of such events and cannot or doesn’t want, because of that fear, to return to that country).

Egypt’s reservations to the Geneva Convention:

The Egyptian government has expressed its reservation to 4 of the provisions of Chapter IV of the 1951 Convention, known as the provisions of care, namely Articles 19, 20, 22 and 23, so refugees residing in Egypt are not entitled to benefit from:

• Regulated distribution of insufficiently available products (Article 20)
• Official education (Article 22)
• Public ambulance (Article 23)
• Access to labor market and social security (Article 24)

 

Organization of African Unity Convention Governing Specific Aspects of Refugee Problems in Africa 1969^[10]

The term “refugee” under this Convention applies to any person who fears persecution because of his sex, religion, nationality, membership of a particular social group or political beliefs and finds himself outside the country of his nationality and is unable or fearful of being afraid to take refuge in that country, or a person who does not enjoy his nationality, finds himself outside the country of his habitual residence because of certain events and is unable or afraid to return to it, as well as any person who finds by reason of aggression, foreign occupation or alien domination or by events that seriously threaten public security in part or in the entire territory of the country of origin, or the country of which he is a national, he is compelled to leave his place of ordinary residence to seek refuge elsewhere outside his country of origin or the country of his nationality.

Principles adopted by the African-Asian Judicial Advisory Committee at its eighth session (Bangkok) 1966:

It defined a refugee as a person who, influenced by persecution or a justified fear of persecution because of his race, color, religion, political convictions or membership of a particular social group, was compelled to leave the territory of the State of which he is a national, the country of his nationality, or the territory of the State or country in which he habitually resides, if he does not hold a nationality, or finds himself outside the territory of this State or country unable or unwilling to return to it or benefit from its protection. People who are dependent on a refugee are also refugees.

This definition: makes two exceptions:

• A person with more than one nationality is not considered a refugee if he is able to seek protection from one of the States or countries of which he or she is a national.
• A person is not considered a refugee if, prior to being admitted to the country of asylum, he had committed a crime against peace, a war crime, a crime against humanity, a serious crime of common law, or if he or she committed acts contrary to the purposes and principles of the United Nations.

Second: Egyptian legislation related to refugees

Constitutional legislation:

Article 91 of the constitution^[11] states: “The state grants the right of political asylum to any foreigner persecuted for defending the interests of peoples, human rights, peace or justice, and the extradition of political refugees is prohibited.” Thus, the Egyptian Constitution recognizes the principle of political asylum and the principle of prohibiting the extradition of political refugees.

We are also interested in the text of Article 93 of the Egyptian Constitution: “The state shall abide by the international conventions, covenants and agreements on human rights ratified by Egypt, and shall have the force of law after their publication in accordance with prescribed conditions.”

Article 151 of the Egyptian Constitution states: “The President of the Republic represents the State in its foreign relations, concludes treaties, ratifies them after the approval of the House of Representatives, and shall have the force of law after their publication in accordance with the provisions of the Constitution. Voters should be invited to a referendum on peace and alliance treaties and on sovereign rights, which are ratified only after the result of the referendum is announced. In all cases, no treaty may be concluded contrary to the provisions of the Constitution or resulting in the cession of any part of the territory of the State.”

National laws:

Under the scope of this legislation are all types of national provisions, including laws and ministerial decisions that have a lower rank than the constitutional text.

Since there is no legal legislation defining the legal status of refugees, the general rules governing the legal status of refugees in Egypt come from the United Nations international conventions relating to the status of refugees, which Egypt has ratified, acceded to and published in accordance with the constitutional procedures stipulated in Article 93 of the Constitution.

Pursuant to the provisions of Article 93 of the Egyptian Constitution, the national judge is obligated to apply the first paragraph of the aforementioned constitutional text, and shall be obliged to apply the United Nations international conventions on which Egypt acceded by the decision of the President of the Arab Republic of Egypt No. 331 of 1980^[12] approving the United Nations Convention relating to the Status of Refugees signed in Geneva on 28/7/1951 – published in the Official Gazette on November 26, 1981 – No. 48, and with the issuance of the decision of the Minister of Foreign Affairs to publish this Convention in the Official Gazette on the same date, and the issuance of the Presidential Decree No. 332 of 1980 on the approval of the Convention of the Organization of African Unity[13] governing the various aspects related to the problems of refugees in Africa “Official Gazette on May 20, 1982 – Issue “20”, and the issuance of the decision of the Minister of Foreign Affairs to publish it on the same date, and the issuance of Presidential Decree No. 333 of 1980 on the approval of the Protocol amending the Convention relating to the Status of Refugees published in the Official Gazette on November 5, 1981 – No. 45[14], and the issuance of a decision of the Minister of Foreign Ministry published on the same date.

All of the above-mentioned conventions have become a law of the country, and when the national judge applies the provisions of this Convention within the domestic law, it cannot in any way be considered a constituent judiciary, but according to the original judgment revealing the provisions of this treaty applicable as a domestic law of the country.

In implementation of the principle of unity of law, the rules of the Convention are integrated into domestic law without the need for legislative action, and in that regard the Egyptian Court of Cassation ruled: “Since it is decided that the rules of international law – and Egypt is a member of the international community recognizing its existence – is integrated into domestic law without the need for legislative action, the Egyptian judge is obliged to work in the matters presented to him addressed by those rules, and the internal law has not addressed them as long as this application does not entail a breach of its provisions. ^[15]“

Among the applications of the Egyptian judiciary of international treaties as part of the country’s laws is the ruling of the Cairo Emergency Supreme State Security Court in the case of the railway workers’ strike^[16]:

“The national judge does not apply the treaty on the ground that his State has complied internationally with its application, but applies it as part of the internal laws of the State if it meets the conditions necessary for its operation within the territory.”

Since the application of the provisions of article 93 of the aforementioned Egyptian Constitution and the jurisprudence and the judiciary have established it, international treaties promulgated in accordance with the established constitutional procedures and published in the Official Gazette in accordance with the prescribed conditions are considered a law of the State that the national judiciary must apply as such.

Third Topic

Legal status of refugees in Egyptian legislation

Current status of rights enshrined in international treaties ratified by Egypt

Although the Constitution explicitly provides for the protection of the right of asylum^[17], we have not found a law regulating the rights and duties of refugees, and therefore the applicable national rule and its source in international law is Article (7) of the Convention relating to the Status of Refugees, which provides for exemption from reciprocity, as it states:

1. Where this Convention does not provide for better treatment of refugees, the Contracting State shall treat them in the same way as foreigners in general.
2. All refugees, after three years of residence, shall enjoy exemption in the territory of the Contracting States from the requirement of legislative reciprocity.
3. Each Contracting State shall continue to accord to refugees such rights and benefits to which they were already entitled, in the absence of reciprocity, on the date of entry into force of this Convention for the said state.
4. The Contracting States shall give favorable consideration to the possibility of granting refugees, in the absence of reciprocity, rights and benefits in addition to those to which paragraphs 2 and 3 qualify them, as well as the possibility of extending exemption from reciprocity to refugees who do not meet the conditions set forth in paragraphs 2 and 3.

5. The provisions of paragraphs 2 and 3 shall apply to the rights and benefits mentioned in Articles 13 “Ownership of movable and fixed property”, 18 “Self-employment”, 19 “free professions”, 21 “Housing” and 22 “Public education” of this Agreement as well as to rights and benefits not provided for in this Agreement.

First: Rights related to freedoms

According to some asylum seekers in Egypt, most of the survey results reflect more executive than legislative problems, as there is no oversight of the application of legal provisions on procedures for entering the country, obtaining and renewing residency, or access to services, for example, despite clear legal provisions on these points.

Procedures during and after entry into Egypt:

For reasons related to obstacles to entry, whether financial fees or the obligation to submit papers that are difficult for cases coming from places of conflict a number of refugees stated that they came through illegal entry through Sudan, and according to the cases, some of them admitted to passing through difficulties and threats during their journey, such as attempts to be run over, chases and threats; some talked about passing through situations of racial discrimination and their exposure to hate speech, provocations and harassment.

Despite the entry of the refugee to Egypt, he is still exposed to psychological and physical pressure and health problems despite entering or obtaining residency and trying to register with the United Nations High Commissioner for Human Rights, and we quote here some statements from refugees:

• I registered with UNHCR, but we are suffering a lot about rent, food, drink, one meal only is a problem and there is no aid.
• My two children and I live in constant terror.
• The most difficult thing is to meet the detectives at the Tahrir Complex to agree to obtain residency.
• I did not find safety and I did not find support neither in my homeland nor inside Egypt, nor did I find protection from UNHCR or others.
• The residency permit expires fast.
• The length of stay ends quickly.
• I didn’t get out of town because of the documents and I can’t work because of the documents.
• I applied to open a file through UNHCR and did the residency procedures and did not get security approval and could not register my children in school for the third year in a row due to the lack of a residency permit.
• Difficult and complicated procedures and after I entered no one cares about me.
• I arrived in Egypt, I applied for asylum, and then I got the yellow card, and there is no tangible assistance yet.
• I was denied residency.

Freedom of movement

(Entering the territory of the Arab Republic of Egypt – residence of foreigners in Egypt – types of residence – renewal of residence)

Entry into the territory of the Arab Republic of Egypt

In the past, there were no provisions in the Egyptian law for the treatment of illegal refugees, even if they were coming directly from a territory where their lives or freedom were threatened in the intended sense, as they are subject to the provisions of the law regarding illegal entry into the country in accordance with the Entry and Residence of Foreigners Law No. 89 of 1960^[18] and its amendments[19].

But recently, during 2023, several decisions were issued of laws related to regulating the entry of foreigners into the country, as follows:

• On January 22, 2023, Prime Minister’s Decree No. 369 of 2023 was issued regarding the organization of the Fund for Combating Illegal Migration and the Protection of Migrants and Witnesses^[20], which considers the migrant who has been smuggled a victim of human trafficking and not an accused and must be protected; and it is necessary to activate this legislation in terms of applying protection and preventing expulsion, deportation or detention.
• On June 18, 2023, the Minister of Interior issued Decree No. 1105 of 2023 amending some provisions of Ministerial Resolution No. 31 of 1960 regarding visas^[21], and the only amendment to this decision was the addition of “a multiple-entry visa valid for five years, allowing its holder to stay for a period not exceeding 90 days per trip at a value of seven hundred US dollars, including the visa fee“

Lack of family reunification mechanisms:

One of the most important reasons for the growth of irregular migration is the lack of a legal mechanism that facilitates family reunification in Egypt, the continuation of the policy of preventing the reception of Syrian asylum seekers in a regular manner, not allowing applications for family reunification residing in Egypt, facilitating the end of procedures and stopping abuse towards refugees. The Egyptian government had previously issued a legislation to limit informal migration to and from Egypt, such as Law No. 82 of 2016 on irregular migration, and the law omitted to define the status of irregular migrant refugees. There is also Presidential Decree 444 of 2014, contested by nullity before the administrative court, which authorizes security authorities to arrest irregular migrant asylum seekers and bring them to military trial if they are on the border area or near the border. Many families of Syrian refugees were arrested while attempting to unofficially enter Egypt[22].

Residence of foreigners in Egypt

On August 29, 2023^[23], the Prime Minister’s Decree No. 3326 of 2023 was published in the Official Gazette, which contains two articles. The first article stipulates: Applicants for all types of residencies, whether for tourism or others, must submit proof of payment (residence – default fines – the costs of issuing the residence card) after converting it from US dollars or its equivalent in foreign currencies through a bank or accredited exchange companies^[24].

As for the second article of the law, it stipulates: the need to reconcile the status of foreigners residing in Egypt within three months of the issuance of the decision, taking into account two conditions, the first of which is the presence of an Egyptian host, and the second is the payment of administrative expenses equivalent to one thousand US dollars placed in the account designated therefor, and the period of regularization of conditions has recently been extended until September 2024^[25].

We are talking here about the residence of refugees who have been registered with the United Nations High Commissioner for Refugees, and the law has determined that it be a residence valid for a period of three years, renewable, in accordance with Article 2 of Ministerial Resolution No. 8180 of 1996 – dated 10/11/1996[26]. However, what is already being implemented against refugees is granting them a residence permit for a period of 6 months only. Other types of residences to tourists, students, working foreigners, diplomats and others are:

Types of residence^[27]

1. Special residence
2. Regular residence
3. Temporary residency: five-way residence, triple residence (refugees registered with the UN Office for Refugees, political refugees)

Renewal of residence for refugees^[28]:

The residence permit for refugees who have been registered with the United Nations High Commissioner for Human Rights has been specified by law to be a triple residence valid for a period of three years, renewable. However, the reality on the ground is that refugees are granted a residence permit for a period of 6 months only; most of this period expires in completing the procedures and traveling to and from Cairo, which constitutes great fatigue and excessive expenses, and also requires security approval to obtain it, with the refugee’s inability to appeal against the decision not to renew the residence if issued by the Contracting Authority^[29].

Restrictions on freedom of movement

About 60 percent of those surveyed said that they face difficulties in freedom of movement between governorates of Egypt, and a large percentage answered that there are places that they are prohibited from entering.

In fact, refugees fear the use of the right to freedom of movement for other reasons, such as fear of arbitrary arrest, detention for lack of identity card or lack of renewal of residency, and also may be due to the intensification of hostile campaigns against them in some places and at certain times.

Refugees who are illegally present: (prohibition of expulsion or restitution – deportation – detention – forced voluntary return(

Prohibition of expulsion or restitution

The principle of non-refoulement prohibits the transfer of a person from one authority to another when there are substantial grounds for believing that the person would be in danger of being subjected to a violation of certain fundamental rights, in particular when there is a risk of torture and other ill-treatment, arbitrary deprivation of life, persecution on grounds of race, religion, nationality, membership of a particular social group or political opinion, and a number of other grounds determined by ratified treaties. Thus, refoulement is prohibited in the rulings of the Egyptian judiciary, which uses the provisions of the 1951 Convention as a reference after Egypt ratifies it.

The principle of non-refoulement is expressly enshrined in international humanitarian law, international refugee law and international human rights law, and although it exists in different scopes and conditions, the essence of the principle of non-refoulement has also acquired the status of customary international law.

Deportation

The legislator has authorized the Minister of Interior to deport foreigners holding private residency permits, and has determined the reasons on which their deportation may be based, namely that his presence would threaten the security and safety of the state at home or abroad or harm the national economy, public health, public morality or peace^[30].  Although the reasons justifying the expulsion of a foreigner by the executive authority have been specified, they are so extensive that they can always be used to deport any foreigner undesirable for the state authorities, in the event of abuse of power by the deportation decision.

In 1986, the Minister of Interior Decree No. 659 was issued amending the first article of Resolution No. 72 of 1959, amended by Resolutions No. 55 of 1965 and 15 of 1965, which stipulates the temporary detention in prison of foreigners for whom a deportation decision has been made until the deportation procedures are completed. The first article of the aforementioned decision stipulates that: (Rooms are allocated in each of the men’s prison in Qanater al-Khairiya, the women’s prison in al-Qanater al-Khairiya, Alexandria prison, Port Said prison, and Cairo prison for investigation in Tora to accept foreigners who are temporarily detained until their deportation procedures are completed in application of the provisions of Law No. “89 of 1960“.

Detention of refugees

Despite the provisions of the Constitution[31] and the law that determines the controls of detention in general, which should be ordered by a judicial authority or in implementation of final rulings and for the period specified by law, with the rights guaranteed to the detainee to humane treatment and communication with his lawyer and family, the violations in the detention of refugees continue and the Public Prosecution abandons its role in exchange for an illegal detaining authority by security authorities. This often happens with other violations such as the absence of charges and the denial of a lawyer as well as the possibility to appeal against the detention decision.

What also happens is forcing asylum seekers or migrants to return voluntarily to escape the continuation of detention until the decision of the administrative authority (National Security Sector) is issued either to deport or to stay in Egypt, which takes a long time and is not specified contrary to the law and the Egyptian constitution, which makes the migrant choose between risking the country of origin or continuing his detention without any legal justification until he is forced to book an airline ticket at his expense or the expense of a relative or volunteer, which is what is in fact a forced deportation of a refugee.

Absence of mechanisms to investigate claims by the asylum seeker that he has been subjected to or feared being persecuted for defending the interests of peoples or human rights:

There is no clear mechanism in Egyptian law to investigate the allegations of asylum seekers because they are exposed to or fear of being persecuted for defending the interests of peoples, human rights, peace or justice as stipulated in Article (91) of the Egyptian Constitution. There is no law regulating the reception center for asylum seekers and examining their condition and claims pursuant to this constitutional provision, and this role is carried out by the Office of the United Nations High Commissioner for Refugees in Egypt, where asylum seekers who claim to be victims of torture, are referred to some specialized refugee service organizations to conduct free medical examinations to verify their allegations of torture or fear of being subjected to torture upon return or extradition to the country of nationality or habitual residence if they are stateless.

Freedom of belief and religion

Article 64 of the Egyptian Constitution states: “Freedom of belief is absolute, and the freedom to practice religious rites and establish places of worship for people of monotheistic religions is a right regulated by law.”

Also as stated in Article 18 of the International Covenant on Civil and Political Rights:

“Everyone has the right to freedom of thought, conscience and religion. This shall include freedom to have a religion, freedom to adopt any religion or belief of his choice, and freedom to manifest his religion or belief in worship, observance, practice and teaching, individually or in community with others, in public or private.”

Therefore, the freedom to perform religious rites in Egypt is limited to the recognized monotheistic religions, and the law does not interfere in restricting the freedom of religious education for the children of foreigners or refugees except within the limits of preserving public order and moral values and protecting the rights and freedoms of others.

From the jurisprudence of the Supreme Constitutional Court:

• The argument against the contested decision (dissolution of the Baha’i assemblies in Egypt), contrary to the freedom of belief stipulated in the Constitution in Article 46^[32], is based on the fact that this freedom in its origin means that a person should not be compelled to accept a faith that he does not believe in, or to disavow or declare a belief in it, or to tilt one in prejudice against the other, whether by denying it, trivializing it or contempt for it, but religions tolerate each other and their respect is mutual. It is also not permissible in the concept of the right to freedom of belief that its preservation for those who practice it would be to the detriment of others, nor that the state facilitates, secretly or publicly, to join a faith sponsored by it to exhaust others from joining, nor that its intervention is a punishment for those who resort to a faith that does they do not select; and it does not have in particular to mean fueling a conflict between religions discriminating against each other; also freedom of belief may not be separated from the freedom to practice its rites, which prompted the constitution to include these two freedoms in one sentence in its article forty-six, including its stipulation that freedom of belief and freedom to practice religious rites are guaranteed, which means they complement each other, and that they are inseparable and that the second represents the expression of the first as a transition of faith from mere faith in the conscience to the expression of its content in action to be applied alive, it does not lie in the breasts, and then it is justified to say that the first of them is unrestricted and that the second may be restricted through its organization in order to emphasize some of the higher interests that are associated with it, especially those related to the maintenance of public order and moral values and the protection of the rights and freedoms of others^[33].

The Supreme Court in Egypt has a principle in determining the framework for constitutional protection of the freedom to perform religious rites stipulated in Article 46 of the Constitution limited to the three recognized monotheistic religions, as revealed by the preparatory work for Articles 12 and 13 of the 1923 Constitution, which are the legislative origin to which the texts on freedom of belief and freedom of religious rites refer in the Egyptian constitutions that followed that constitution^[34].

Second: Rights Related to Services

The following has been drawn from the opinions of refugees residing in Egypt about their life affairs:

• On the possibility of family reunification after entering Egypt, 99 percent admitted that it was difficult and that they could not reunite with their families after arriving in Egypt.
• More than half of those surveyed do not enroll their children in any schools, while some attend private schools or community schools, and the others attend public Al-Azhar and experimental schools. The expenses or costs of studying per person in the family annually range from 5,000 to 15,000 other than private lessons^[35].
• A number of refugees expressed a sense of unequal treatment of their children like Egyptians when applying to schools and complained about the request for original and stamped birth certificates that they do not have, as well as being bullied and sometimes asking them for many papers and documents and a long time to finish the transaction.
• Refugees are unable to equalize their qualification with an studies due to expenses.
• The majority of refugees receive no health care except for a small number of health examinations from some organizations.
• In the majority of cases surveyed only one family member gets a job.
• Refugees cannot own their own business due to difficulties, the most important of which are the required conditions, lack of capital, health and financial conditions, fear of legal accountability, high rents for workplaces, fear of being insulted by people or officials.
• None of those surveyed have a bank account, due to lack or expiry of residency, lack of passport, or because of the required fees, while they have no funds at all.
• Everyone acknowledged that there is a correlation between having a mobile phone number and the validity of the residency.
• None of the asylum seekers have joined a cooperative or community association before.
• About the work environment and the difficulties they face to get a job, they mentioned problems of racism and way of treatment, difficulties in moving from one place to another to look for work, lack of specialization and lack of wages, accommodation, or insufficient income.
• 70% of those surveyed faced discrimination in finding employment because of gender, origin, language, creed, or nationality.
• No refugee worker is given employment contracts, and no more than 90 percent of cases receive annual or sick leave.
• All cases expressed that the wage for work is not adequate at all, that there is unequal pay between workers in the same job, and that the work environment is unhealthy and does not have the means of occupational safety and health.
• For women breadwinners, there were difficulties when accessing treatment and medical care services at the treatment facilities designated by the Minister of Health and Population, some of which were not available or the women were subjected to racism.
• On legal protection, the right to litigation and the difficulties they face when wanting to resort to the courts:
• Of course there is discrimination
• You are marginalized and not cared about, especially at police stations
• When I go to any police station to make a report I don’t find any help and there is mockery and bad treatment
• I am not legally represented by UNHCR’s legal partners
• No refugee rights, we are beaten, cursed, and you just have to remain silent
• More than 70 percent believe that Egyptian law does not provide them with legal protection and the right to litigation, nor does it protect them from the guarantee of non-deportation.
• About the desire for naturalization and social integration, no one thought about applying for naturalization and the reasons were:
• The laws are strict towards obtaining citizenship.
• It is not our right despite my 17 years of continuous residency.
• Non-fulfillment of the conditions for obtaining citizenship, such as a large sum of money in the bank and other reasons.
• Obtaining citizenship requires a large amount of money.
• Nationality is close to impossible.

These effects are exacerbated by the continued absence of any provisions, except for marriage to an Egyptian citizen, that allow refugees of foreign nationalities to obtain Egyptian citizenship even if they are unable to return to their countries of origin. Refugees have to deal with xenophobic sentiments that can very quickly turn into violent racism, as is the case for African refugees with particularly dark skin. In view of these factors, refugees in Cairo do not really seem to have any hope for integration.

For particularly vulnerable groups (e.g., religious minorities and victims of trafficking who face ongoing protection concerns), groups with specific needs, single mothers with children, and people with health conditions), the only hope for survival is resettlement in another country, and resettlement procedures are very complex and few are successful.

Right to litigation before the courts

The law did not provide for better treatment of refugees regarding this right, but Egyptian law established the principle of equality between Egyptians and foreigners in terms of litigation, as foreigners have recourse to the Egyptian judiciary.  Article 97 of the constitution stipulates that “litigation is a right that is protected and guaranteed to all. The state is committed to bringing the litigation bodies closer and works to speed up the adjudication of cases, and it is prohibited to immunize any act or administrative decision from judicial oversight, and no person is tried except before his natural judge, and exceptional courts are prohibited.”

The Supreme Constitutional Court has been allowed to confirm the enjoyment of foreigners of the right to litigation in Egypt, like the Egyptians, pursuant to the aforementioned article of the Constitution. In a lawsuit filed by some foreigners before the Supreme Constitutional Court, the government argued that the court does not have jurisdiction to hear the lawsuit on the basis that the plaintiffs are foreigners whose rights are guaranteed by the ordinary legislator in various legislative texts without the provisions of the constitution, through which the Supreme Constitutional Court is competent to carry out judicial oversight work, which was limited to ensuring the rights and freedoms of Egyptians. However, the Supreme Court held:

“What the government aims by this argument is to deny the right of the plaintiffs to file a constitutional lawsuit, which is an argument already contested by Article 68^[36] of the Constitution that litigation is an inviolable right and guaranteed to all people. This text as revealed by its wording indicates that the Constitution decided the right to litigation for all people as an original constitutional principle and did not make it limited to Egyptians alone, but also guaranteed this right to foreigners. The constitutional text referred to above was approved by previous constitutions included in ensuring rights that will not bear fruit except by establishing this right as the means that guarantee its protection, enjoyment and repelling aggression against it ^[37].“

However, the problem in the implementation of Article (16) of the Convention relating to the status of refugees encounters practical obstacles in the event that the refugee does not obtain a temporary residence permit under which he is allowed to issue a judicial power of attorney to a lawyer to defend him, because the documentation of a legal power of attorney for a lawyer is linked to the necessity of the validity of residence.  The asylum card should have been sufficient; also the refugee is granted temporary residence in a way that allows Egyptian authorities to deport him without the judiciary having the authority to control this decision.

Personal Status

The Egyptian legislator explicitly stipulated in the Civil Code to subject the necessary adaptation to the application of the rule of attribution to the law of the judge, i.e. Egyptian law, for marriage. Article 12 of the Civil Code^[38] stipulates that “the objective conditions for the validity of marriage are due to the law of each of the spouses”, that is, at the time of the conclusion of the marriage as the time when the objective conditions necessary for the conclusion of the marriage must be true, and in the event that the husband and wife belong to two different nationalities, it is sufficient for the marriage to follow the law. Attention should be paid to security arbitrariness in the procedures of marriage, divorce or khul’ for refugees because of linking these procedures to obtaining a valid residence permit for the concerned parties.

There are also issues related to adoption, inheritance, alimony, and guardianship over oneself and others. Egyptian laws have determined through the provisions of the Code of Procedure and the Civil Code, which laws apply to non-Egyptians in each matter separately.

Ownership of movable and fixed property

A non-Egyptian may own real estate under legislative amendments in the form of laws issued that allow this as well as set the conditions and procedural and financial controls therefore; so these provisions also apply to refugees licensed to reside in Egypt[39].

Technical rights and industrial property

Law No. 82 of 2002 promulgating the Law on the Protection of Intellectual Property Rights of Foreigners in general grants the same protection granted to nationals in the registration of patents, the protection of trademarks, commercial data, geographical indicators, industrial designs and models, as well as in the field of writers’ copyrights, which include protection for Egyptians and foreigners from natural and legal persons belonging to one of the member states of the World Trade Organization.

The right to belong to associations

According to Article 75 of the Egyptian Constitution, and according to the Law of Associations and NGOs No. 84 of 2002, non-Egyptians may participate in the establishment of associations, provided that they have permanent or temporary residence in Egypt in addition to the rest of the membership conditions. If they are legal persons, each of them must have been established or authorized to carry out his activities in accordance with the provisions of Egyptian law.

With regard to the implementation of article 15 of the 1951 Convention relating to the status of refugees, it should be noted that the Egyptian legislature differentiates between membership of private associations and institutions and membership of professional associations. The Egyptian Law of Associations does not provide for depriving the refugee from joining private associations, but he is treated as a foreigner, especially since the law has indicated that temporary residence “which is granted to the refugee” is sufficient for his membership in Egyptian associations and private institutions, but it treats him as a foreigner without any advantage or preference.

Paid work

With regard to the implementation of article 17 of the Convention relating to the Status of Refugees 1951^[40], refugees do not enjoy any equal treatment with nationals of a foreign country, and they are also subjected to the same restrictive measures imposed on foreigners or on the employment of foreigners even if they have completed three years of residence in the country. There are no provisions in labor legislation that provide for equality between the rights of refugees and those of citizens in terms of paid work, in implementation of the reservations made by the Egyptian Government regarding this right for refugees.

In general, the requirements for a foreigner to obtain a work permit^[41] inside the country are to submit documents related to residence, address, type of profession, qualifications and health certificates required to the work licensing office for foreigners in the competent manpower directorates after paying the prescribed fees: 5000 pounds for all foreigners in general. Each of the following categories is exempted from fees: (Holders of Greek nationality – Palestinian nationality – Sudanese nationality workers in the private sector only – those exempted according to a provision in international agreements that the Arab Republic of Egypt is a party to) [42].

Refugee status holders must have valid residency permits to apply for a work permit, open a bank account in their name, or legally participate in a project.

Self-employment and private business

Law No. 156 of 1998 on insurance and reinsurance companies allowed the private sector to own shares in the capital of these state-owned companies without restrictions related to the nationality of the owners of these shares or employees.

in accordance with Law No. 120 of 1982, foreigners may not carry out commercial agency work and some commercial brokerage work^[43], nor may they be registered in accordance with Law No. 121 of 1982 in the importers register. Law No. 98 of 1996 allowed them to register in the commercial register, whether as individuals or partners in companies of persons or funds, whatever their shares in the capital.

On the other hand, foreigners are prohibited, as a general rule, from working in free professions, so it required those who practice the legal profession to be Egyptian, and then allowed those who belong to one of the Arab countries on condition of reciprocity; it limited the medical profession to Egyptians as well, except for foreign doctors who were working in the medical profession in Egypt when the law of practicing the profession issued in 1948 was enforced.

It also allowed the foreigner to practice the profession if the law of the country to which this foreigner belongs allows Egyptians to practice this profession in it^[44], and also allowed the Minister of Health to license foreigners to practice the medical profession in Egypt in times of epidemics, or if they are known for excelling in the branches of their specialties so that they provide rare expertise, not available in Egypt.

The law also limited to Egyptians the practice of the profession of dentistry, veterinary medicine and pharmacy, and foreigners may practice these professions on the condition of reciprocity (i.e. that the foreign country allows Egyptians to practice these professions therein). Those who practice journalism or who register their names in the register of accountants and auditors must be Egyptian.

In the implementation of article 18 of the 1951 Convention relating to the Status of Refugees, refugees are not accorded any better treatment than foreigners in the same circumstances, but are barred from engaging in self-employment or joining trade unions.

Housing

The right to housing is one of the most important rights contained in the International Covenant on Economic, Social and Cultural Rights, where Article (11) stipulates:

The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, adequate food, clothing and shelter, and to the continuous improvement of living conditions. States Parties undertake to take the necessary measures to give effect to this right.

At the national level, with regard to rented premises under the laws of renting premises prior to Law 4 of 1996^[45], according to Law 136 of 1981, lease contracts for foreigners expire by force of law at the end of the legally specified period of their stay in the country. Their residence is proven by a certificate from the competent administrative authority. The foreigner whose legal residency has expired shall be informed by the Public Prosecution. However, the lease contract shall continue with the force of law for the benefit of the Egyptian wife and her children from a foreign husband who were residing in the rented property unless it is proven that they have permanently left the country.

As for residential premises subject to Act No. 4 of 1996, the provisions of the Civil Code apply to them, and the agreement concluded between the landlord and the lessee on the rental value and the duration of the contract is subject to its provisions, and there is equality between nationals, foreigners and refugees in accordance with the provisions of this law^[46]. Regarding the implementation of article 21 of the Convention relating to the Status of Refugees 1951 – the aforementioned housing laws do not provide for any distinction between foreigners or refugees.

Foreigners or refugees also have the right to own homes by purchasing and obtaining residency – and citizenship also according to the latest legislation at a specific value of the unit price in foreign currency – upon this ownership. For new refugees and asylum seekers, the law does not specify the necessity of temporary hosting places or at least affordable rent and does not oblige the authorities to inform them of the most appropriate and the least dangerous places for them to live.

Public education

(Public education – education in technical institutes affiliated to the Ministry of Higher Education – education in universities – graduate students)

Public Education

Foreigners enjoy equality with citizens in the field of formal education, but according to Law No. 139 of 1981 on public education amended by Law No. 23 of 1999 – basic education was not made compulsory for foreigners or refugees, contrary to what was stipulated for nationals, as it stipulated in Article 15 that basic education is a right for all Egyptian children who reach the age of six. Non-Egyptian expatriate students with nationalities that are not exempted in Article (1) of the ministerial decision No. 284 of 2014 it is not permissible to enroll them in public schools, and for their admission they must submit evidence of obtaining a valid residence permit within the Arab Republic of Egypt, taking into account the fees prescribed in Article (11).

Education in technical institutes affiliated to the Ministry of Higher Education:

Education at universities

As for tuition fees in universities and colleges affiliated to the Ministry of Higher Education, in accordance with the executive regulations of Law No. 49 of 1972 regarding the organization of universities, issued by Presidential Decree No. 809 of 1975, tuition fees for non-Egyptians have been determined in accordance with Article (271 fifth) as follows:

(A) For BA students

(B) For graduate students,

According to article 22 of the Convention relating to the Status of Refugees 1951, the above-mentioned legislation does not grant refugees the same treatment as Egyptian citizens with regard to primary education. A foreigner in other than primary education does not enjoy any exemptions from fees and costs and the provision of scholarships unless it is based on a state grant determined by the Minister of Education

For graduate students, the Egyptian Commission for Rights and Freedoms has previously issued a report entitled “Postgraduate Studies as an Obstacle to the Integration of Refugees in Egypt”^[47] issued in June 2019 and addressed the procedural and financial difficulties facing refugees and asylum seekers in completing their postgraduate studies based on testimonies and a complaint received by UNHCR from some asylum seekers in Egypt. The report reviews the procedures followed by asylum seekers of different nationalities to apply for graduate programs in public and private universities. Those procedures do not discriminate between refugees and asylum seekers on the one hand and foreigners in general on the other.

Graduate Students^[48]

The Egyptian Commission has previously issued a report on the legal and administrative obstacles facing graduate students, such as cost in foreign currency and difficult or almost impossible conditions for those coming from places of war or who cannot obtain documents from their countries of origin.

General relief and assistance (ambulance and treatment)

Egypt’s constitution criminalizes refraining from providing treatment in its various forms to any one in situations of emergency or danger to life^[49]. Laws on health or relief do not provide for the exclusion of foreigners or refugees from the rights enjoyed by nationals, and foreigners enjoy treatment in state hospitals, and none of the laws regulating the work of private and investment hospitals provided for any distinction between foreigners and nationals in the field of treatment. However, as previously mentioned, the Egyptian government has expressed its reservation on four of the items of care of the 1951 Convention, including the benefit of public ambulance (Article 23)

Social Security

Labor and Social Security Legislation:

The latest legislative amendment with regard to social security and insurance was Law No. 148 of 2019, which was mentioned in its executive regulations, provided that its provisions apply to the category of workers for others, including foreigners subject to the provisions of employment and labor laws. However, the difficulties facing the implementation of this are the additional burdens that the employer tries to evade by denying the worker an employment contract, as well as the large number of required approvals, especially security approval, whose criteria or duration is difficult to determine or know.

Labor legislation:

Foreigners are subject to the provisions of Labor Law No. 12 of 2003. According to this law: “Foreigners may not engage in work without obtaining a permit to do so from the competent ministry as well as be authorized to enter the country and reside for the purpose of work. In the application of the provisions of this chapter, work means any work for another or any profession or craft, including work in domestic service (Article 28).

ID cards

The law did not regulate the provision of identity cards by the Egyptian authorities to foreigners or refugees. In accordance with the agreement concluded between the Egyptian government and the United Nations Office for Refugees signed on February 10, 1954 and promulgated by Law No. 172 of 1954, and in accordance with Article (2/a) of the Convention, which stipulates that “the United Nations and Refugee Agency in Egypt in particular shall be entrusted with the competencies to assist the authorities of the Egyptian government in re-inventorying and verifying the identity of refugees within the competence of the delegate.

The United Nations High Commissioner for Refugees (UNHCR) in Cairo issues a yellow card with the approval of the Egyptian government, and it is considered as evidence that the holder has applied for refugee status. This card provides protection against deportation throughout its validity period, and asylum seekers must go to the Ministry of Interior to register, and then to go to the residence registration office located in Tahrir Complex to obtain a temporary residence permit stamped on the yellow card from the Immigration, Travel Documents, Passports and Nationality Authority of the Ministry of Interior.

This card is issued pursuant to Article 6 of Law No. 172 of 1954 approving the agreement concluded between the Egyptian Government and the United Nations Office for Refugees, which stipulates that: “The Egyptian government shall grant a residence permit to refugees of proven good intent residing in Egypt who fall within the competence of the delegate in accordance with the regulations in force.”

Interim measures and constitutional protections against general expropriation and nationalization

Article 35 of the Egyptian Constitution stipulates that “private property is inviolable, and it is not permissible to impose receivership on it except in the cases set forth in the law, and by a judicial ruling, and the property is not expropriated except for the public benefit and in return for compensation in accordance with the law, and the right to inherit it is guaranteed. Article 40 stipulates that the general confiscation of funds is prohibited, and private confiscation may not be imposed except by a judicial ruling.

Temporary measures and the state of emergency

Foreigners in Egypt, like patriots, are subject to the mandate of general mobilization, which is imposed by the state to prevent the dangers and natural disasters that threaten the country, except for the risk of war. Article 3 of Law No. 162 of 1958 on the state of emergency, as amended by Law No. 37 of 1972, stipulates that “the President of the Republic, whenever a state of emergency is declared, may take appropriate measures to maintain security and public order, in particular:

• Placing restrictions on the freedom of persons to assemble, move and pass in certain places or times, arresting suspects or those dangerous to security and public order, and authorizing the search of persons and places without being bound by the provisions of the Code of Criminal Procedure.
• Ordering the monitoring of letters, newspapers, pamphlets, publications, writings and drawings.
• Determining the opening and closing times of public shops.
• Assigning any person to perform any act and seizure of any movable object or real estate, following the provisions stipulated in the General Mobilization Law, with regard to grievance and assessment of compensation.
• Withdrawal of licenses for weapons and ammunition.
• Evacuation or isolation of certain areas.

Public duties and tax burdens

A foreigner in Egypt does not bear the burden of national or political duties, which are limited to Egyptian citizens, whether with regard to the right to vote and nominate for parliamentary and local councils and express opinion in a referendum; and the assignment to perform military service is limited to nationals only, but in terms of tax burdens, foreigners are equally subject to taxes like nationals.

Naturalization

During the period necessary to obtain Egyptian nationality, the law specifies clear plans to ensure the integration of the foreigner into society in terms of language, culture, work and living arrangements so that naturalization is subsequent to social integration. As for the conditions for naturalization, according to Article 4 of Law No. 26 of 1975 on nationality: Egyptian nationality may be granted by a decision of the Minister of Interior.

Egyptian nationality may be granted by a decision of the Minister of Interior to:

1. Anyone born in Egypt to a father or mother of Egyptian origin when he applies for the Egyptian nationality after fulfilling a normal residence in Egypt, provided he has come of age at the time of submitting the application.
2. Any person of Egyptian origin when he applies for Egyptian nationality after five years of a normal residence in Egypt and has come of age at the time of submitting the application.

• Any foreigner born in Egypt to a foreign father or mother, if either of them was born in Egypt and belongs to the majority of the population in a country whose language is Arabic or religion is Islam, whenever he requests naturalization within one year of coming of age.

1. Any foreigner born in Egypt and who had a normal residence when coming of age, and the Egyptian nationality and meets the following conditions:

• To be of sound mind without a disability that makes him a burden on society.
• He must be of good conduct of good reputation and has not been previously sentenced to a criminal penalty or a custodial penalty for a crime involving moral turpitude, unless he has been rehabilitated.
• To be conversant in Arabic.
• To have a legitimate source of income

1. Any foreigner who has made his regular residence in Egypt for at least ten consecutive years prior to the submission for nationality, provided he has come of age and fulfills criteria of clause no. 4

In accordance with article 5, by a presidential decree, Egyptian nationality may be granted without being bound by the conditions set forth in the preceding article of this law, to any foreigner who performs great services to Egypt, as well as to the heads of Egyptian religious communities.

Recommendations

• The need to stop confusing refugees and asylum seekers with migrants and residents, and to apply the principle of transparency in the announced figures for refugees and foreigners, and for the Central Agency for Mobilization and Statistics to record the real numbers of refugees, including statistics related to age, nationality and gender, to serve as a source for organizations and researchers working in the field of migration in order to more accurately identify problems, needs and intervention plans.
• The need to integrate Palestinian refugees residing in Egypt within the scope of the mandate of the Office of the United Nations High Commissioner for Refugees (UNHCR) due to the actual cessation of assistance provided by UNRWA, and to avoid the existence of a category of refugees who do not enjoy equal support provided to others pursuant to the provisions of paragraph 7 of the Charter of the High Commission.
• By applying Article 4 of the Convention, the Egyptian Government shall, in any future legislation, grant refugees within its territory treatment guided by the aforementioned principles and provisions, which include the same care granted to Egyptian citizens in terms of freedom to practice their religious rites within the limits of the three recognized monotheistic religions, while guaranteeing the freedom to provide religious education for their children within the framework of the aforementioned restrictions, even if the law does not expressly provide for granting refugees better treatment.
• Transparency in the presentation of data and information related to refugees and residents, including financial grants received by the government in order to be allocated to support the state in bearing any additional burdens.
• Announcing the aid and grants received by the government for this reason as well as their expenditure.
• Stop using the refugee card to pressure European governments to provide aid.
• Stop using the refugee issue to delude Egyptians that refugees are the most important reason for the rise in prices, the increase in the rental value of housing, and the increase in demand for goods and services.
• The need to establish standardized entry procedures and control over their implementation to prevent illegal entry, exploitation of victims and human trafficking.
• The need to enact legislation that guarantees freedom of movement, including entry procedures to the territory of the Arab Republic of Egypt, including exceptional procedures for those coming from places of war and armed conflict, with a monitoring mechanism to implement the law without exploitation or violation, facilitating the entry and protection of unaccompanied women and children, facilitating the procedures for the stay of refugees in Egypt, applying the provisions of the law that give refugees a triple residence valid for three years, and stopping the illegal procedure of limiting the period of stay for refugees to six months.
• Allocating a number of qualified and competent social workers, as well as translators to facilitate dealing with non-Arabic speakers to communicate between the refugee community and the concerned authorities (governmental such as the police, solidarity and education) and non-governmental such as the community and owners of rented housing in all government departments.
• Continuous and effective coordination with the United Nations High Commissioner for the registration of all asylum seekers and their access to protection to separate them from foreign residents in matters of residence and its renewal, access to assistance, protection from expulsion and deportation and other registration privileges, identification of registration interviews inside detention in case of arbitrary detention, opening an office of the High Commissioner in the border areas of Aswan – Salloum – Arish.
• The need to abolish the principles of reciprocity, especially for refugees and asylum seekers in trade union and other professions in accordance with Article 7, paragraph 2 of the 1951 Convention which provides that: “All refugees, after three years of residence in the territory of the Contracting States, shall enjoy exemption from the requirement of reciprocity.”
• Amend the status of refugees in Egypt’s labor law to allow them to obtain a permit to work legally so that they can earn a living and provide for the needs of their families and children.
• Any legislation on refugees should explicitly stipulate the principle of non-refoulement, coercion or assistance thereof.
• Activating the decentralization of ports and places to apply for or renew residency and working with an electronic application system from any governorate without the requirement to go to the capital, overcrowding applications, exhausting students and wasting time.
• Activating impartial and independent judicial oversight over the procedures of the executive authority, monitoring the implementation of the decisions of the Public Prosecution, and not exposing refugees, asylum seekers or immigrants applying for refugee status to arbitrary administrative decisions subject to the security authorities outside the law.
• The necessity of suspending the implementation of the Prime Minister’s Decree No. 3326 of 2023.

 

 

 

 

 

 

[1]https://www.ohchr.org/ar/instruments-mechanisms/instruments/convention-relating-status-refugees

[2]https://www.unhcr.org/eg/ar/about-us/refugee-context-in-egypt

[3]News published on the Asharq Al-Awsat website entitled “Egypt estimates the cost of its refugees at more than 10 billion dollars.. Madbouly said that his country is hosting 9 million people.” Publication date: April 29, 2024. Date of visit: June 6, 2024. Available via the following link: Click here.

https://aawsat.com/%D8%A7%D9%84%D8%B9%D8%A7%D9%84%D9%85-%D8%A7%D9%84%D8%B9%D8%B1%D8%A8%D9%8A/%D8%B4%D9%85%D8%A7%D9%84-%D8%A7%D9%81%D8%B1%D9%8A%D9%82%D9%8A%D8%A7/4991656-%D9%85%D8%B5%D8%B1-%D8%AA%D9%82%D8%AF%D8%B1-%D8%AA%D9%83%D9%84%D9%81%D8%A9-%D8%A7%D9%84%D9%84%D8%A7%D8%AC%D8%A6%D9%8A%D9%86-%D9%84%D8%AF%D9%8A%D9%87%D8%A7-%D8%A8%D8%A3%D9%83%D8%AB%D8%B1-%D9%85%D9%86-10-%D9%85%D9%84%D9%8A%D8%A7%D8%B1%D8%A7%D8%AA-%D8%AF%D9%88%D9%84%D8%A7%D8%B1

“Egypt estimates the cost of its refugees at more than 10 billion dollars. Madbouly said that his country hosts 9 million people.”

[4]https://www.unrwa.org/ar/who-we-are/advisory-commission/general-assembly-ares302-iv

[5]https://www.youtube.com/watch?v=XAbUaTbXVTI

[6]See paragraph 6 of General Assembly Resolution 2252 (ES-V) of July 4, 1967.

[7]https://dostour.eg/2013/topics/rights-freedoms/Legislative-18-3/

[8]https://www.laweg.net/Default.aspx?action=ViewActivePages&ItemID=67167&Type=6

[9]https://www.hlrn.org/img/documents/Refugee%20Convention%201951%20ar.pdf

[10]https://www.unhcr.org/ar/53588b376

[11]https://dostour.eg/2013/topics/rights-freedoms/Legislative-6-2/

[12]https://www.laweg.net/Default.aspx?action=ViewActivePages&Type=6&ItemID=67167&%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D8%A6%D9%8A%D8%B3-%D8%AC%D9%85%D9%87%D9%88%D8%B1%D9%8A%D8%A9-%D9%85%D8%B5%D8%B1-%D8%A7%D9%84%D8%B9%D8%B1%D8%A8%D9%8A%D8%A9-%D8%B1%D9%82%D9%85-331-%D9%84%D8%B3%D9%86%D8%A9-1980-%D8%A8%D8%B4%D8%A3%D9%86-%D8%A7%D9%84%D9%85%D9%88%D8%A7%D9%81%D9%82%D8%A9-%D8%B9%D9%84%D9%89-%D8%A7%D8%AA%D9%81%D8%A7%D9%82%D9%8A%D8%A9-%D8%A7%D9%84%D8%A3%D9%85%D9%85-%D8%A7%D9%84%D9%85%D8%AA%D8%AD%D8%AF%D8%A9-%D8%A7%D9%84%D8%AE%D8%A7%D8%B5%D8%A9-%D8%A8%D9%88%D8%B6%D8%B9-%D8%A7%D9%84%D9%84%D8%A7%D8%AC%D8%A6%D9%8A%D9%86-%D8%A7%D9%84%D9%85%D9%88%D9%82%D8%B9%D8%A9-%D9%81%D9%89-%D8%AC%D9%86%D9%8A%D9%81-%D8%A8%D8%AA%D8%A7%D8%B1%D9%8A%D8%AE-28/-7/-1951

[13]https://manshurat.org/node/45612

[14]http://sub.eastlaws.com/GeneralSearch/Home/ArticlesTDetails?MasterID=13093

[15]Appeal No. 259/311 of 51 BC, session 3/25/1982

[16]https://elhak.org/?p=1138 (Ruling of the Supreme State Security Court, Cairo Emergency) in Public Prosecution Case No. 4190, year 86, Azbakeya (121 North), Thursday session, April 16, 1987, regarding the railway workers’ strike..

[17]See the text of Article 91 of the Constitution of Egypt

[18]https://manshurat.org/node/7355

[19] Law No. 140 of 2019, which allows the Prime Minister to grant Egyptian citizenship to every foreigner who has purchased a property, or established an investment project in accordance with the provisions of Investment Law No. 72 of 2017, or by depositing a sum of money in foreign currency as direct revenues that go to the state’s general treasury or as an interest-free cash deposit. In a special account at the Central Bank of Egypt

[20]https://www.cc.gov.eg/i/l/426394.pdf” Prime Minister’s Decision No. 369 of 2023 regarding organizing the Fund to Combat Illegal Immigration and Protect Immigrants and Witnesses ”

[21]https://www.elbalad.news/5813777“The Official Gazette publishes the Minister of Interior’s decision to amend entry visa fees for foreigners to Egypt – June 18, 2023″

[22]       Here, one should refer to the previously issued Egyptian Commission report on this matter, entitled “The Path of Death Report… The Migration of Syrians to Egypt between an Attempt at Reunification… and Imprisonment or Death,” which was issued in July 2018

[23]https://www.almasryalyoum.com/news/details/2970524” The Official Gazette publishes the Prime Minister’s decision regarding residence fees for foreigners – August 29,2023″

[24]Egypt extends the deadline for regularizing the status of illegally residing foreigners by an additional 6 months  https://sarabic.ae/20240320/%D9%85%D8%B5%D8%B1-%D8%AA%D9%85%D8%AF%D8%AF-%D9%85%D9%87%D9%84%D8%A9-%D8%AA%D9%88%D9%81%D9%8A%D9%82-%D8%A3%D9%88%D8%B6%D8%A7%D8%B9-%D8%A7%D9%84%D8%A3%D8%AC%D8%A7%D9%86%D8%A8-%D8%A7%D9%84%D9%85%D9%82%D9%8A%D9%85%D9%8A%D9%86-%D8%A8%D8%B5%D9%88%D8%B1%D8%A9-%D8%BA%D9%8A%D8%B1-%D8%B4%D8%B1%D8%B9%D9%8A%D8%A9-6-%D8%B4%D9%87%D9%88%D8%B1-%D8%A5%D8%B6%D8%A7%D9%81%D9%8A%D8%A9-1087188188.html

[25] See Prime Minister’s Resolution No. 4313 of 2024 and Resolution No. 1050 of 2024 regarding extending the period of regularization of status and legalization of the residence of foreigners residing in the country illegally, stipulated in Article Two of Prime Minister’s Resolution No. 3326 of 2023..

[26]http://site.eastlaws.com/GeneralSearch/Home/ArticlesTDetails?MasterID=802429

[27]https://www.ec-rf.net/%D9%81%D9%8A-%D8%A7%D9%84%D9%8A%D9%88%D9%85-%D8%A7%D9%84%D8%B9%D8%A7%D9%84%D9%85%D9%8A-%D9%84%D9%84%D9%85%D9%87%D8%A7%D8%AC%D8%B1%D9%8A%D9%86-%D8%A7%D9%84%D9%85%D9%81%D9%88%D8%B6%D9%8A%D8%A9-%D8%A7/

[28]https://www.ec-rf.net/%d8%a7%d9%84%d8%a8%d8%ad%d8%ab-%d8%b9%d9%86-%d8%a7%d9%84%d8%af%d9%88%d9%84%d8%a7%d8%b1-%d8%a3%d8%ab%d8%b1-%d8%a7%d9%84%d8%a3%d8%b2%d9%85%d8%a9-%d8%a7%d9%84%d8%a7%d9%82%d8%aa%d8%b5%d8%a7%d8%af%d9%8a/

Searching for the Dollar: The Impact of the Economic Crisis on Refugees and Migrants in Egypt – The Egyptian Commission for Rights and Freedoms’ Comment on the Proposed Legislation on Refugees and Ministerial Decisions Amending Residency Fees

 

[29]

 

[30] See the text of Article 26 of Law No. 89 of 1960, the Law on the Entry and Residence of Foreigners in and Exit from the Territories of the Arab Republic.

[31]  See the text of Article (54) of the Constitution of the Arab Republic of Egypt for the year 2014

[32] Which corresponds to Article No. 64 of the Egyptian Constitution of 2014

[33] Paragraph No. 17 of Appeal No. 8 Judicial Year 17 Technical Office 7 Date of Session 05/18/1996 – Page No. 656

[34] Case No. 7 of the year 2 BC – session 1/3/1975, and on this principle the rulings of the Supreme Administrative Court were settled in appeals numbers: [Q.D. on 3/25/1980, Q.D. on 3/25/1980, Q.D. 33/1 – Q.D. on 1/12/ 1987, Law 1290, Law 39 – and the Supreme Administrative Ruling of 11/27/1984, Law 1359, Law 28, Sunnah Collection 30, Clause 28, p. 146].

[35]https://www.ec-rf.net/%d8%a7%d9%84%d9%85%d9%81%d9%88%d8%b6%d9%8a%d8%a9-%d8%a7%d9%84%d9%85%d8%b5%d8%b1%d9%8a%d8%a9-%d9%84%d9%84%d8%ad%d9%82%d9%88%d9%82-%d9%88%d8%a7%d9%84%d8%ad%d8%b1%d9%8a%d8%a7%d8%aa-%d8%aa%d8%b5%d8%af/

[36]  Which corresponds to Article No. 97 of the Egyptian Constitution of 2014

[37] [Case No. 99 of 4 J (Constitutional) – Session of June 4, 1988 – Publication of the Official Gazette on 6/23/1988 – Issue No. 25]

[38] See text of Article 12 of Law No. 131 of 1948 regarding the issuance of the Civil Code.

[39]Such as Law No. 230 of 1996 regulating non-Egyptians’ ownership of real estate and lands.

[40]Article 17 of the United Nations Convention relating to the Status of Refugees, ratified by Presidential Resolution No. 331 of 1980, “Wage Labor

1 – The Contracting State shall grant to a refugee lawfully residing in its territory the treatment more favorable to that granted to nationals of a foreign country in the same circumstances with regard to the right to engage in remunerated work.

2 – In any case, measures imposed on foreigners or on the employment of foreigners and taken to protect the national market shall not apply to a refugee unless such measures are exempted from the implementation of this Convention by the State concerned or if one of the following conditions is met:

(a) That he has spent three years residing in the country.

(b) The wife must have the nationality of his country of residence, and the separated refugee must enjoy this condition.

(c) That he has one or more children who hold the nationality of his country of residence.

3- The Contracting States shall regard with favor the equality of the rights of refugees with those of nationals in the home of wage labor, especially those who enter their territories in accordance with the general country employment program and the plan for the recruitment of migrants.”

[41]https://www.manpower.gov.eg/Foreignworkpermits.html

[42] Review the articles of Labor Law No. 12 of 2003 from Article 27 to Article 30 and Resolution of the Minister of Manpower and Immigration No. 146 of 2019.

[43] See Article 2 of Law No. 120 of 1982 regarding issuance of the law regulating commercial agency businesses and some commercial brokerage or real estate brokerage businesses in accordance with its latest amendments.

[44] See the text of Article 1 of Law No. 415 of 1954, the Law on the Practice of the Medical Profession, in accordance with its latest amendments.

[45] See text of Article 17 of Law No. 136 of 1981 regarding some provisions related to renting and selling places and regulating the relationship between the landlord and the tenant in accordance with its latest amendments.

[46] See text of Article 2 of Law No. 4 of 1996 regarding the application of the provisions of the Civil Law to places that have not been previously rented and places whose rental contracts have expired or are expiring without anyone having the right to stay in them.

[47]https://www.ec-rf.net/%d8%a7%d9%84%d9%85%d9%81%d9%88%d8%b6%d9%8a%d8%a9-%d8%a7%d9%84%d9%85%d8%b5%d8%b1%d9%8a%d8%a9-%d9%84%d9%84%d8%ad%d9%82%d9%88%d9%82-%d9%88%d8%a7%d9%84%d8%ad%d8%b1%d9%8a%d8%a7%d8%aa-%d8%aa%d8%b5%d8%af/

[48]https://www.ec-rf.net/%d8%a7%d9%84%d9%85%d9%81%d9%88%d8%b6%d9%8a%d8%a9-%d8%a7%d9%84%d9%85%d8%b5%d8%b1%d9%8a%d8%a9-%d9%84%d9%84%d8%ad%d9%82%d9%88%d9%82-%d9%88%d8%a7%d9%84%d8%ad%d8%b1%d9%8a%d8%a7%d8%aa-%d8%aa%d8%b5%d8%af/

[49]See paragraph 4 of Article 18 of the Constitution of Egypt.