The recent work done concerns Egypt’s first inclusive refugee law that would be a landmark in the Egypt’s approach towards refugees and asylum seekers. On the contrary, Egypt’s new asylum law initiates the discussion on the rights and protections of refugees.
Asylum Law Framework
Egypt’s asylum law was passed by President Abdel Fattah El-Sisi in December 2024 and instituted a due process for refugees seeking protection in Egypt. The law establishes the Permanent Committee for Refugee Affairs, which will accept, resolve, and give approval for refugee applicants. This is an important shift away from UNHCR managing the whole process.
Concerns Raised by the Law
Vague Provisions: Among the criticisms directed against Egypt’s asylum law, its provisions on the grounds for denying asylum and revocation of refugee status were deemed vague and broadly worded. Examples include a provision that allows rejection of refugee status whenever the national interest appears vaguely defined in contravention of security concerns, which would thereby foster arbitrary decisions that endanger lives of asylum seekers.
Refoulement
With the law placed into effect, the two most worrying aspects include the inadequacy of legal protection against refoulement-the repatriation of refugees to a country where they would face dangers to life and freedom-which remains largely uncontroversial. The framing of the law allows for issuing extradition orders suspending personae upon their own request to facilitate the repatriation of asylum seekers into their corresponding countries of nationality but does not prohibit orders to remove them into third states where asylum seekers could as well face persecution.
Effects on Existing Refugees
The retroactive implementation of Egypt’s asylum law means that any current asylum seekers or refugees, including those already granted status under the UNHCR set-up, will henceforth become subject to the new asylum framework. Concerns arise about the fate of existing cases of about 800,000 people who may now be reconsidered under the new framework and subject to status loss and increased vulnerability.
Non-Due Process
Egypt’s asylum law is criticized for these very defects of having no due process. For instance, it does not expressly include the right of representation nor does it mention any means of appeal against the Permanent Committee. Devoid of any safeguards, competency of the refugees to appeal against decisions unfavorable to them may very well be limited.
International Obligations and Domestic Implementation
Egypt being a party to the Convention of 1951 and the Protocol of 1967 is obliged to safeguard the rights of refugees. However, the recent asylum law has been seen, in fact, as a move backward regarding these international commitments. Human rights organizations have claimed that reforms should be implemented in order for the legal framework in Egypt to fulfill their obligations under international law.
As the new asylum law represents a very important development in Egypt’s refugee management approach, the aim of emphasizing the need for reformation in other aspects of refugee legislation has been established by international organizations.
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