Egypt Moves Towards Passing its First Asylum Law

The Egyptian government is taking steps to formalize the asylum process within its domestic legal framework—to much pushback by a coalition of rights groups who say the bill poses risks to the rights of migrants.

Following three days of debate, the House of Representatives approved a draft law which establishes a legal framework regulating the status, rights, and obligations of refugees. The draft law stipulates that a set of duties currently carried out by the United Nations High Commissioner for Refugees (UNHCR) will be handed over to a newly established national commission. 

Migration experts view this as a significant step towards institutionalizing Egypt’s international asylum obligations, which have historically been primarily handled by the UNHCR.

Once the bill is in place, all refugee and asylum matters will be decided by a newly established Permanent Refugee Affairs Commission under the lead of Egyptian Prime Minister Mustafa Madbouly. The committee will be responsible for refugee affairs, including primarily adjudicating asylum applications and coordinating with state administrative bodies to provide support, care, and services to refugees.

The draft asylum law stipulates that granting and renewing refugee status is contingent upon three primary conditions. 

Firstly, refugees and asylum seekers must demonstrate respect for Egypt’s cultural values and traditions. Secondly, they are prohibited from engaging in any activities that could jeopardize national security, public order, or contradict the principles of the UN, African Union, Arab League, or other international organizations to which Egypt is a party. Additionally, they must refrain from any hostile actions against their country of origin or any other nation. Lastly, refugees are banned from participating in political or partisan activities, including joining or founding political parties or trade unions.

If the committee rejects an application for refugee status, it will ask the relevant ministry to deport the asylum applicant. 

While the draft law is set to offer refugees a number of basic rights for the first time—most notably the right to apply for Egyptian citizenship—, it also restricts many of these gains, as well as eligibility for asylum in the first place. The bill puts refugees and asylum seekers under many restrictions and potential security measures within the framework of “national security and public order,” terms which could lead to broad interpretations and potential limitations on refugee rights.

In a press release published by the Egyptian Initiative for Personal Rights (EIPR), 22 Egyptian and international human rights organizations rejected the draft law.

“Due to the overly broad and vague nature of the term ‘national security,’ this exclusion clause could be used to overly restrict the rights of refugees without any real oversight or legal recourse,” the statement said.

According to Kelly Petillo, Middle East researcher at the European Council on Foreign Relations (ECFR), the decision has been viewed quite negatively, as rights groups perceive it as a transfer of ownership away from the United Nations.

To that point, the EIPR adds that, “the draft law does not include any reference to procedures to manage a smooth transition to the new system, seemingly assuming that the transfer of asylum cases to the national system is an instantaneous process that takes place automatically upon enactment of the law.”

The government, meanwhile, has insisted it will be cooperating with the UN, not superseding it.

Egypt’s decision to formalize its asylum process comes as the country grapples with a surge in refugee and migrant arrivals. The Arab world’s most populous nation has been actively involved in European efforts to curb irregular migration, often receiving financial and political incentives in return.

In November, Egypt reported nearly 9 million refugees from Sudan, Syria, South Sudan, Yemen, Eritrea, and Gaza. Yet, only 800,000 were officially registered with the UNHCR, limiting their access to aid, healthcare, and education. The majority of refugees remain unregistered and rely on personal resources, community support, or charity.

The implementation of the new law will likely take time, as the government needs to build capacity and establish procedures. And while the new asylum law represents a step forward in formalizing Egypt’s approach to refugee protection, the effectiveness of the law in protecting refugee rights and balancing national security concerns will depend on its interpretation and implementation.