Egypt’s parliament has approved a contentious new asylum law, the first of its kind to regulate asylum and refugee affairs in the country. The law, which was passed without meaningful consultation from civil society or the UN Refugee Agency (UNHCR), now awaits ratification by President Abdel Fattah al-Sisi. If enacted, it would significantly alter the refugee landscape in Egypt, but critics warn that the rushed approval process has resulted in a flawed and potentially harmful piece of legislation.
Human Rights Watch (HRW) and other organizations have raised alarm over several provisions in the law, which they argue would lead to greater risks and violations of refugees’ rights. Lauren Seibert, a refugee and migrant rights researcher at HRW, criticized the speed of the law’s passage, saying, “National asylum laws are sorely needed in North Africa, but Egypt rushing a flawed law through will only worsen the gaps in protection and risks facing refugees and asylum seekers.”
The law includes vague language that could allow authorities to arbitrarily deny or revoke asylum status, criminalize irregular migration, and limit asylum seekers’ rights. Specifically, it imposes a strict 45-day deadline for asylum seekers to apply for refugee status, under penalty of imprisonment or fines, contrary to international standards, such as those outlined in the 1951 UN Refugee Convention, which prohibits penalizing asylum seekers for irregular entry if they report to authorities promptly.
The bill also includes provisions that would criminalize unofficial aid to asylum seekers, with penalties for individuals who employ or shelter asylum seekers without notifying the police. These provisions raise concerns about the safety of those providing support to refugees in Egypt.
One of the most concerning aspects of the law is the creation of a new regulatory body, the Permanent Committee for Refugee Affairs, which would assume the responsibilities previously held by UNHCR. While the law envisions cooperation between the Committee and UNHCR, critics have questioned the independence of this new body and the lack of a clear transition process from the current system.
The law’s criteria for excluding individuals from asylum or revoking refugee status are also seen as overly broad and inconsistent with international refugee law. The provisions banning refugees from participating in political activities or adhering to undefined “values” and “traditions” of Egyptian society are also seen as problematic, as they open the door to arbitrary enforcement and potential abuses.
The bill also fails to establish essential protections for asylum seekers, such as the right to legal representation, access to an interpreter, or the ability to challenge unlawful detention. It further undermines the rights of refugees by narrowing the scope of protections compared to international conventions.
HRW has called on President al-Sisi to reject the bill and send it back to parliament for revision. The organization also urged the Egyptian government to engage in more transparent consultations with civil society groups and UNHCR to ensure the law aligns with international standards and fully protects the rights of refugees and asylum seekers.
As of November 2024, over 845,000 refugees and asylum seekers were registered with UNHCR in Egypt, with many others living in the country without official documentation. Human rights organizations have documented a range of abuses against refugees in Egypt, including arbitrary detention, unlawful expulsions, and restricted access to basic services.
The law’s approval comes amid rising concerns about Egypt’s treatment of refugees and asylum seekers, and international human rights organizations are calling on Egypt’s partners, including the European Union, to press for revisions to the bill to ensure it complies with international obligations and safeguards the rights of vulnerable populations.
