The Situation of Refugees in Egypt: Between Security Reality, Arrests, and the New Legislation

The Situation of Refugees in Egypt:
Between Security Reality, Arrests, and the New Legislation

By: Yusuf

Yusuf is a practitioner in the field of refugees and migrants in Egypt and prefers to remain anonymous.

Introduction

In recent years, the situation of refugees in Egypt has witnessed notable shifts and escalating challenges on humanitarian, legal, and social levels. Historically, Egypt has long served as an important and relatively safe haven for thousands of refugees arriving from neighboring countries, including Sudan, Syria, Yemen, Somalia, South Sudan, and others, drawing on a long legacy of humanitarian solidarity and social openness.

The Egyptian state, alongside Egyptian society, has played a pivotal role in hosting refugees and integrating them into daily life. Refugees have been allowed to live within cities, enroll in public schools, and benefit from health services—an approach that has relatively distinguished Egypt from the camp-based policies adopted in other countries. However, recent changes in public policies and official practices have had a direct impact on refugees’ lives and daily stability, creating new challenges that require careful and balanced examination.

Arrests and Security Practices

Since 2023, a noticeable increase has been observed in cases of arbitrary arrest and forced detention of refugees and asylum seekers, particularly Sudanese nationals and others who entered Egyptian territory through irregular means. Multiple human rights reports have documented security forces arresting individuals from the streets or from their homes during random inspection campaigns, without clear criminal complaints or charges.

In several cases, registration documents issued by the United Nations High Commissioner for Refugees (UNHCR), including asylum cards, were confiscated—sometimes as a preliminary step toward forced deportation.

These practices constitute a clear violation of the principle of non-refoulement, one of the core pillars of international refugee law, which prohibits returning any person to a country where they face a real risk to their life or freedom.

The New Asylum Law in Egypt

On 16 November 2024, President Abdel Fattah El-Sisi ratified Law No. 164 of 2024 concerning the regulation of asylum affairs. This is the first national legislation of its kind to regulate the status of refugees and asylum seekers in Egypt.

Under this law, responsibility for registering asylum seekers and determining refugee status was transferred from UNHCR to a national governmental body known as the Permanent Committee for Refugee Affairs, operating under the supervision of the Prime Minister.

Although the law includes provisions that, in principle, refer to refugees’ rights to education, healthcare, employment, and legal residence, these rights are not accompanied by clear guarantees or explicit enforcement mechanisms within the text of the law itself. Instead, they are deferred to the executive regulations, which have not yet been issued. This has created a state of ambiguity and legal vacuum regarding the protection of basic rights.

Key Criticisms of the Law

Civil society organizations and local and international human rights institutions have expressed serious concern about several fundamental shortcomings in the law, most notably:

The absence of an explicit and clear provision enshrining the principle of non-refoulement.
Allowing the possibility of arbitrary detention of asylum seekers and refugees solely based on their legal status.
Transferring authority from an experienced UN body to a governmental committee that, according to critics, lacks sufficient guarantees of transparency and independence.
The use of vague terms related to “national security” and “societal values,” which may be used to reject asylum applications or revoke refugee status without clear standards or effective judicial oversight.

Overall, law No. 164 relies heavily on executive regulations to organize practical procedures, such as issuing and renewing refugee cards, determining conditions for residence and work, and access to education and basic services. However, the delay in issuing these regulations has left refugees in a state of legal uncertainty and exposed them to increased risks, including detention, eviction, or arbitrary rejection of asylum applications.

Conclusion and Recommendations

In light of this complex landscape, it is essential to emphasize that protecting refugees in Egypt is not merely a legal obligation, but also a humanitarian and moral responsibility consistent with Egypt’s long history of hosting those fleeing conflict. The positive role played by the Egyptian state and local society for decades in accommodating refugees and providing space for coexistence cannot be overlooked, despite economic challenges and growing regional pressures.

We see an urgent need to:

Provide explicit legal guarantees protecting refugees and asylum seekers from arbitrary arrest and forced deportation.
Expedite the issuance of the law’s executive regulations, with the participation of civil society organizations and human rights experts, to enhance transparency and strike a balance between sovereign considerations and humanitarian obligations.
Commit to the international standards set out in the 1951 Refugee Convention and its 1967 Protocol, both of which Egypt has ratified, as well as the African Union’s refugee framework, in a manner that preserves Egypt’s historical role and regional standing in this field.

Joint efforts among government institutions, civil society, and field practitioners remain the most effective path toward building a balanced legal and humanitarian framework that ensures dignity and protection for all those seeking safety and stability on Egyptian soil, while also safeguarding the state’s national interests.

Author’s Bio:

Yusuf is a practitioner in the field of refugees and migrants in Egypt and prefers to remain anonymous.