Egypt’s New Refugee Law: A Milestone in Regulation and Rights Protection
With a growing number of refugees seeking asylum in Egypt, Law No. 164 of 2024 (“the Law”) was enacted to establish a comprehensive framework for managing refugee affairs and safeguarding their rights. Officially published on December 16, 2024, the Law introduces the Standing Committee for Refugees’ Affairs (SCRA) as the principal authority overseeing refugee-related issues. Effective as of December 17, 2024, the Prime Minister is tasked with issuing executive regulations within six months of implementation.
Scope of Application
The Law applies to the following categories:
- Refugees: Individuals granted refugee status by the SCRA due to:
- Persecution based on race, religion, nationality, political opinions, or membership in a social group.
- Fleeing external aggression, occupation, or public security threats.
- Stateless persons facing similar circumstances.
- Refugee Applicants: Foreign nationals awaiting decisions on their refugee status applications.
- Existing Refugees: Individuals who were granted refugee status prior to the enactment of this Law.
Standing Committee for Refugees’ Affairs (SCRA)
The SCRA, comprising representatives from key ministries, is the central authority for managing refugee affairs. Supported by a dedicated secretariat, its responsibilities include:
- Processing and adjudicating refugee applications.
- Coordinating with international organizations, including the UNHCR, to ensure comprehensive support services.
- Facilitating refugee resettlement in third countries.
Processing Refugee Applications
The refugee application process depends on the method of entry into Egypt:
- Lawful Entry: Refugees entering Egypt legally have their applications processed within six months.
- Unlawful Entry: Refugees entering illegally must report to authorities within 45 days of arrival. Applications for this group are processed within one year. Failure to comply results in criminal penalties, including imprisonment for up to six months and fines ranging from EGP 10,000 to 100,000.
Priority is given to vulnerable groups, including people with disabilities, the elderly, pregnant women, unaccompanied minors, and victims of trafficking or violence. Approved applicants receive documentation confirming their refugee status, while rejected applicants are referred to the Ministry of Interior for deportation.
Grounds for Denial of Refugee Status
Refugee status is denied if applicants:
- Have committed crimes against peace, humanity, or war crimes.
- Committed serious non-political crimes prior to entering Egypt.
- Engaged in acts contrary to the objectives of the United Nations.
- Are listed as terrorists in Egypt.
- Undertake actions undermining national security or public order.
Rights of Refugees
The Law grants refugees a wide range of rights, including:
- Protection from Deportation: Refugees cannot be forcibly returned to their home country but retain the right to voluntary repatriation.
- Access to Legal and Health Services: Refugees may practice their religion freely, access courts without fees, and receive appropriate healthcare.
- Personal Status Matters: Governed by their country’s laws unless these conflict with Egypt’s public policy.
- Property and Business Rights: Refugees may own property and start businesses with the required permits.
- Education: Refugee children have access to education, and adult refugees may have their qualifications recognized.
- Freedom of Movement: Refugees can reside anywhere in Egypt upon notifying the SCRA.
- Equal Financial Treatment: Refugees are not subject to taxes or fees beyond those imposed on Egyptian citizens.
- Civic Participation: Refugees can join NGOs.
- Citizenship Applications: Refugees may apply for Egyptian nationality.
- Travel Documents: Refugees can request travel documents with SCRA approval.
Obligations of Refugees
Refugees are required to:
- Respect Egyptian laws, values, and traditions.
- Avoid activities threatening national security or public order.
- Refrain from hostile actions against their country of origin or other nations.
- Abstain from political activities, including joining political parties.
- Notify the SCRA of residence changes.
Termination of Refugee Status
Refugee status ends if:
- The refugee voluntarily returns to their home country.
- Resettlement occurs in a third country.
- Egyptian nationality is granted or another nationality is acquired.
- Circumstances leading to refugee status no longer exist.
- Absence from Egypt exceeds six months without valid reasons.
- Status was obtained through fraud or concealment of material facts.
Conclusion
Egypt’s Law No. 164 of 2024 represents a landmark achievement in balancing humanitarian obligations with national security interests. By creating a clear framework for managing refugee affairs and aligning with international conventions, this legislation marks a new chapter in Egypt’s approach to refugee protection. As the executive regulations are finalized, this Law promises to enhance transparency, fairness, and efficiency in refugee management.
For more information on the implications of this legislation or related compliance matters, feel free to contact Dr. Fatma Salah and Dr. Eman Riad.
