Egypt’s parliament gives initial approval to draft foreign asylum law: Here's what you need to know

CAIRO – 17 November 2024: The House of Representatives has preliminarily approved a draft law on the asylum of foreigners, which aims to provide a comprehensive legal framework for refugees, while ensuring a delicate balance between refugee rights and national obligations.

Here is what you need to know about the draft law, including refugees’ rights, commitments and things for asylum seekers and refugees to avoid.

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WHAT THE LAW SAYS?

*First thing you might need to know: This is the first domestic legislation that regulates the affairs of refugees and asylum seekers in Egypt in accordance with international agreements ratified by Egypt, notably the 1951 United Nations Geneva Convention relating to the Status of Refugees.

- The draft law stipulates that a permanent committee for refugee affairs would be established with legal personality.

- This permanent committee will be operating under the authority of the Prime Minister.

- The committee will be responsible for refugee affairs, particularly in processing asylum requests, cooperating with the UN High Commissioner for Refugees, and ensuring the provision of support, care, and services to refugees.

- Asylum requests are to be submitted to the relevant committee by the asylum seeker or their legal representative.

- The committee will decide on the request within six months for those who entered the country through legal means, and within a maximum of one year for those who entered the country illegally.

- Priority in the study and examination of asylum requests is to be given to persons with disabilities, the elderly, pregnant women, unaccompanied children, and victims of human trafficking, torture, and sexual violence.

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GUARANTEED RIGHTS

Upon acquiring refugee status, the refugee is entitled to several rights:

1- The right to obtain a travel document issued by the Ministry of Interior upon approval by the permanent committee for refugee affairs.

2- Prohibition of deportation to the country of nationality or habitual residence.

3- Freedom of religious belief, with followers of celestial religions having the right to practice religious rites in designated places of worship.

4- Falling under the law of their home country or country of residence if they have no home, with regard to matters of personal status including marriage and its consequences, inheritance, and endowments, provided that it does not conflict with public order.

5- Enjoying the same rights granted to foreigners concerning rights for fixed and movable assets, and associated rights, with the same rights regarding intellectual property.

6- Enjoying the right to litigation, and exemption from judicial fees if warranted, as regulated by relevant laws.

7- Having the right to work and receive appropriate remuneration for work, as well as the right to practice free professions, all in accordance with relevant laws.

8- Enjoying the right to work for oneself, establish companies, or join existing companies, as regulated by related laws.

9- Refugee children have the right to basic education and the recognition of their educational certificates granted abroad to refugees recognized, in accordance with the rules set by laws for foreigners.

10- Having the right to receive appropriate healthcare according to decisions issued by the Minister of Health.

11- Enjoying the right to participate in the membership of civil associations or their boards of directors according to the law regulating civil work.

12- The prohibition from bearing any taxes, fees, or other financial burdens, regardless of their names, differing from those imposed on citizens.

13- Having the right to voluntary return at any time to the country of nationality or habitual residence.

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THINGS TO AVOID

According to the draft law, those who acquire refugee status are obligated to adhere to several prohibitions, including:

1- Commitment to respecting the constitution, laws, and regulations in Egypt, while considering the values of Egyptian society and respecting its traditions.

2- Prohibition of engaging in any activity that may compromise national security or public order or conflict with the objectives and principles of the United Nations, the African Union, the League of Arab States, or any organization of which Egypt is a party, or committing any hostile act against their country of origin or any other country.

3- Prohibition of carrying out any political or partisan activity as well as any activity within unions, or founding, joining, or participating in any form in any political parties.

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REJECTION, CONSEQUENCES?

- A refugee application shall not be accepted if the applicant has serious reasons to commit a crime against peace or humanity, a war crime, or if they have committed a serious crime before entering Egypt.

- The same applies if they have committed acts contrary to the objectives and principles of the United Nations, or if they are placed on the lists of terrorists or terror entities within Egypt according to the law, or if they have committed any acts that may compromise national security or public order.

- In the event of a refugee application being rejected, the committee requests the competent ministry to deport the asylum seeker outside the country, and the applicant is notified.

- Refugee status is revoked, and the individual is immediately deported from the country if they have obtained it through fraud, deceit, omission of any essential data or information, or if they are found to have committed any of the prohibitions stipulated in the law.

- The same applies if they are proven to have committed any hostile act against their country of origin or any other country, or engaging in any political or partisan activity in Egypt, or any activity within unions, or founding, joining, or participating in any form in any political parties.

- Anyone entering the country unlawfully but meets the objective conditions of a refugee is required to voluntarily submit their application to the permanent committee within a maximum of 45 days from their entry date.

- Violators are subject to imprisonment for no less than six months and a fine ranging from LE 10,000 to LE 100,000, or one of the two penalties.