Comment by the Egyptian Commission for Rights and Freedoms (ECRF) on the proposed legislation on refugees and the ministerial decisions amending residency fees

 

Introduction

According to the data of the International Organization for Migration[1], there are approximately 9 million refugees and migrants or asylum seekers currently waiting in Egypt, most of them from Syria, Sudan and other nationalities, equivalent to 8.7% of the Egyptian population. According to the latest statistics of the United Nations High Commissioner for Refugees on the number of registered refugees issued in September 2022, Egypt hosts 287937 refugees and asylum seekers from 65 countries, and the number of refugees and asylum seekers^[2] by nationality include:  Syria: 144768, Sudan: 58405, South Sudan: 23283, Eritrea: 21990, Ethiopia: 15895, Yemen: 8911, Somalia: 6531, other nationalities: 8151.

The actual percentage of registered people, according to UNHCR data, does not exceed 3 percent of the number of asylum seekers in Egypt, the remaining numbers live according to study, work, marriage, tourist residences, or in violation of the conditions of residence,  due to the lack of financial means, the loss of documents and other reasons related to the situation of those fleeing wars and crises.

The crisis was further exacerbated by the armed conflict in Sudan, which resulted in the influx of thousands of Sudanese to the border crossings with Egypt. According to the Egyptian Foreign Ministry, ^[3]250,000 Sudanese entered Egypt through the official crossings “Arqin” and “Qastal” until June 22, ^[4] in addition to nearly 5 million Sudanese citizens already present before the crisis.

Therefore, refugees and migrants in Egypt faced many challenges:

Difficult economic conditions, where economic crises due to government decisions to liberalize the local currency exchange rate and financial policies related to loans led to a rise in inflation in Egypt,

According to Central Bank of Egypt data, the annual rate of core inflation recorded 40.7% in July 2023, compared to 41.0% in June 2023^[5],  which made it difficult for refugees and migrants to meet their basic needs, as well as limited opportunities, as refugees and migrants in Egypt are not allowed to work legally, limiting their chances of obtaining an income. There are also language barriers where non-Arabic speaking refugees and migrants face difficulty communicating with the host community and accessing services, such as those from the Horn of Africa, South Sudan, sub-Saharan Africa, and some other non-Arab nationalities. All the above is in addition to political instability, as political tensions in many of the countries from which refugees and migrants came from have increased the risks they face.

At the beginning of June this year, news^[6] was circulated about the approval by the Egyptian Council of Ministers of the draft law on the asylum of foreigners. According to the news circulating, the draft law stipulates that refugees and asylum seekers are committed to reconcile their situations in accordance with the provisions of this law within a year from the date of entry into force of the executive regulations, and the Prime Minister may, after the approval of the Council of Ministers, extend the mentioned period for a similar period.

This news about the draft law sparked great controversy and confusion, especially among refugees and migrants, prompting us to follow the government’s legislative and regulatory policies on refugees since the beginning of this year to understand the state’s policies and vision on legalizing, regulating, and improving the conditions for refugees:

1– The first government decision on refugees and migrants in 2023:

On January 22, 2023, the Prime Minister’s Decree No. 369 of 2023 was issued regarding the organization of the Fund for Combating Illegal Migration and the Protection of Migrants and Witnesses^[7], and then the Egyptian Commission for Rights and Freedoms issued a comment on the decision^[8]  and explained how it did not specify a clear plan to combat illegal immigration, nor provide a definition of this migration and how it can be combated without the issuance of integrated legislation, as well as  the absence of a serious and real control mechanism over the resources and means of expenditure that the decision identified as from State allocations  to the Fund from the general budget, grants and donations from international and local bodies, and loans obtained by the Fund to finance its activities.

It is clear that the whole matter revolves around authorizing the Fund to receive funds from several sources,  including  the state’s allocations from the general budget, grants, and donations from international and local bodies, and loans obtained by the Fund to finance its activities, in order to spend them, as the resolution states in providing financial and psychological assistance to victims, financing programs for the care and rehabilitation of smuggled migrants, providing health and psychological care for women, children and unaccompanied migrants, financing the activities stipulated in the National Strategy to Combat Migration, contributing to the financing of the safe repatriation of smuggled migrants, and financing the reintegration of returning Egyptians, but how is this done? Who determines the needs for protection and delivery of basic services? What about housing, treatment, legal protection, and education? There is no information on how these decisions were to be implemented.

2- Second Government Decision:

The second decision is related to the imposition of seven hundred dollars visa fees that allow a stay for 90  days, as on June 18, the Minister of Interior Decree No. 1105 of 2023 was issued amending some provisions of Ministerial Resolution No. 31 of 1960 regarding visas, and the only amendment^[9] to this decision was the addition of “a multiple-entry visa valid for five years, allowing its holder to stay for a period not exceeding ninety days per trip at a value of seven hundred US dollars, including the visa fee.”

3- Third legislative intervention:

Then, on August 29, the Prime Minister’s Decree No. 3326 of 2023 was published in the Official Gazette, ^[10]which contains two articles, the first article stipulates: Applicants for all types of residency, whether for tourism or others, must submit proof of payment for residence – default fines – the  costs of issuing the residence card after converting it from US dollars or its equivalent in foreign currencies through a bank or accredited exchange companies.

The second article of the law states: the need to reconcile the status of foreigners residing in Egypt within three months of the issuance of the decision, considering two conditions, the first of which is the presence of an Egyptian host and the second is the payment of administrative expenses equivalent to one thousand US dollars placed in the account designated for that.

This latest decision raised many questions about the government’s motives for this decision, its applicability and what impact it has on the lives of refugees. It is clear from Article 1 that there are fees imposed on regularization and granting of residency, and there are also fines due to those who fail to regularize their status. These fees and fines are worth paying in dollars or transferred through a government bank and proof must be provided thereof, which means that the applicant must enter the currency from abroad, meaning that the asylum seeker cannot enter Egypt and then borrow the fees or receive assistance, but must provide proof that the applicant has changed a foreign currency in an Egyptian bank.

Article No. 2 of the decision imposes two conditions: the presence of  an Egyptian host within 3 months from the date of entry into force of the law, and it is unclear what the responsibility of this host is, and what return this host may receive to bear this responsibility?

It is also unclear what is the position of the refugee coming to Egypt who could not find this host within the specified period? Will he have to search for a host for a sum of money to facilitate his procedures and not fall under the penalty of the law by fining or deportation? If this is the introduction of laws such as the sponsorship law in some countries, what is the point of that? Does this make it easier for refugees or make their situation even more difficult?

The second condition is related to the payment of administrative expenses of 1,000 US dollars, and here it is not clear on the part of the government in all its decisions what kind of services will be provided in exchange for collecting these amounts, and to cover which costs? And what might be done in the interest of these people? Will this decision include Syrians and Sudanese living in Egypt? Does it apply to refugees registered with UNHCR or to migrants who have not yet contacted UNHCR’s registration office? There are thousands of refugees who find it difficult to communicate with the United Nations High Commissioner for Refugees in order to register, and there are cases coming from Sudan whose journey has been documented and were unable to contact UNHCR in Cairo after their arduous journey, in addition to the many cases that find it difficult to renew the card or renew the residence permit due to the long waiting period and cumbersome procedures.

What is the interest of residents, refugees, and asylum seekers?

Is foreign currency available in banks or exchange offices? What will the situation be like if it is not possible to obtain a dollar against the local currency of the immigrant? This could open the way for refugees to turn to the black market for currency to save the money needed and could expose them to criminal accountability. We also wonder what compensation or services will the immigrant or resident receive after paying $ 1000? The refugee will continue to be looking for work and a source of livelihood considering the spread of unemployment, economic stagnation and the collapse of the local currency, and will continue to search for housing to shelter his family and children with the increasing prices of apartment rents and will remain unable of enrolling his children in education.

The law also does not mention what action may be taken in the event of non-payment of the prescribed fees, and what would be the situation if we assume that a family of five members coming from Sudan fleeing the armed conflict, leaving everything behind, and the family is required to legalize its situation by paying $5,000?

What is the fate of the Immigration and Asylum Law, which is shrouded in secrecy and ambiguity?

There are questions about the content of the new law, which has been talked about since the beginning of the year, without disclosure from the government about its articles or executive regulations, and without any participation or community discussion involving stakeholders, legal, economic, international, and civil organizations working in the field of refugees. We had called for this societal discussion before the issuance of the law to be a comprehensive legislation that takes into account the economic, social and humanitarian aspects of migrants and refugees, especially in light of the passage of laws without serious discussion in the current parliament, whose role is limited to approving all government decisions, most of which, if not all of them, are related to the imposition of additional fees and taxes on citizens, and this time imposes the same on those fleeing their countries due to wars and conflicts.

The government’s unilateral legislation without a parliament that truly represents the people or without the participation of society indicates that the government may issue the law suddenly and pass through the current parliament and become effective against refugees without considering the basic humanitarian needs of this group, which constitutes a large proportion of the population.

Content of the decisions issued:

Reviewing the decisions issued by the government, they are just procedural decisions motivated by collection of fees and not related to a procedural regulation to limit numbers and data to be used in facing real refugee crises and ensuring protection and minimum services for them. No observer of the Egyptian government’s policies in recent years can ignore the fact that all legislation issued by the government or decisions with laws are only intended to raise funds through fees, fines or provide services for a fee, especially in foreign currency, of which it is constantly in dire need considering the economic crisis and the devaluation of the local currency.

Followers of some examples of decisions issued this year, the latest of which are the decisions related to refugees, it is clear that the legislator sought towards one goal, which is to raise funds, perhaps the most dangerous of which is the decision to grant Egyptian citizenship in exchange for depositing a bank deposit in US dollars or buying property in dollars. Other examples that confirm those policies, is the decision to allow the entry of private cars without customs duties in exchange for a deposit in dollars, up to the decision to exempt residents abroad from conscription in exchange for depositing $ 5,000 or euros. It has become natural to deal with the file of refugees and migrants as a potential source of currency, and its decisions should be devoid of any attention to the rights of the migrant as a human being and his relationship with the host society as a human being with a life, livelihood and family.

Refugee Status Regulation for $1,000

Reviewing government’s decisions, we see clearly that Egypt does not deal with the file of refugees, as well as migrants and foreigners in general, from a humanitarian perspective or international obligation, but always refers to the heavy economic burden on it because of them, despite the aid it has received, especially from the European Union^[11] since 2016 in exchange for stopping migration from the Egyptian coasts across the Mediterranean to Europe. The government of Egypt believes that this is not enough, so it is currently dealing with the refugee file for the benefit of its treasury, imposing fees in dollars^[12]

The most dangerous societal aspect of this is that the government, in order to pass these policies aimed at raising funds, expresses through official and media bodies its annoyance at the pressure of refugees, immigrants and foreign residents on goods and suggesting that they are the reason for the high prices, as well as the weak efficiency of services and the rise in housing rents after the increase in the number of people coming from Sudan and advocates this as a justification to confront the anger of the street from the high prices and the difficulty of living, thereby obtaining a societal justification for the high prices as well as to justify the imposition of more fees^[13].

Legislative intervention expected by refugees and the Egyptian host community:

By monitoring the situation on the ground since the beginning of the Sudanese crisis, surveying residents, refugees and asylum seekers about their presence and life in Egypt and the economic and political challenges they face, the limited opportunities, language barriers, integration and protection of women and children, the essential needs of refugees and migrants in Egypt in 2023 should include:

Humanitarian assistance:

Refugees and migrants need assistance in accessing food, housing, health care and education, ensuring freedom of movement within the country and between cities, establishing the right to family reunification in accordance with the provisions of the law, guaranteeing the right to protection and non-forcible transfer contrary to conventions and international law.

Economic Opportunities:

Refugees and migrants need legal employment opportunities to provide for the cost of living for themselves and their families, and to facilitate this, it is necessary  to recognize qualifications and equivalence of academic certificates, provide access to the labor market and wages, facilitate access to adequate housing and provide opportunities for children to complete their education.

Social Services:

Refugees and migrants need social and psychological support to help adjust to the new life in Egypt, freedom of expression and engagement in civil society and the right to litigation to achieve the required integration, access to services for fair remuneration, unfettered access to communication with their families, as well as codifying the conditions for naturalization with fair rules that are not determined based on payments.

International law obliges states to protect refugees and migrants.

Egypt is one of the signatories to the 19951 United Nations Convention on Refugees, and has ratified the Convention and its complementary protocols which have thereby become binding, and national legislation may not violate the principles of the Convention, which set out the definition of refugee, asylum situations and the rights to be observed for migrants and refugees.

Articles 12 to 30 of the Refugee Convention set out the rights to which individuals are entitled to upon recognition as refugees in accordance with the Refugee Convention:

(a) All refugees must be given identity papers and travel documents enabling them to travel outside the country.

(b) Refugees shall be treated in the same manner as nationals of the receiving State in terms of the following rights:

• Freedom to practice religion and religious education
• Freedom of access to justice and legal aid
• Access to primary education
• Access to relief and assistance
• Protection through social security
• Protection of individual property rights such as inventions and commercial transactions
• Protection of cultural, artistic, and scientific works
• Equal treatment by tax authorities

Recommendations by the Egyptian Commission for Rights and Freedoms

1. Community participation and dispelling the ambiguity surrounding the pending bill.
2. End the dealing with the refugee crisis as a burden that requires cash assistance to the government without considering the societal consensus and the basic rights of the resident and the duties obligated to them without exaggerating or exploiting the situation to increase the government’s foreign currency revenues without considering the poor situation of refugees that is worsened by the deterioration of the economic situation in Egypt in general.
3. The need for a real and effective participation of civil society and the relevant international organizations and partners of the Egyptian government, as there is no real representation of international institutions, especially the UNHCR as the first competent authority to accept asylum cases and seek and protect them (in determining refugee status or the lack thereof or seeking asylum and privacy of information), and there is no representation of the International Organization for Migration as an entity concerned with migrants.
4. Take note that imposing a residency fee in dollars may cause a crisis because refugees are forced to provide currency from the black market in huge amounts that may cause a rise in the price of the dollar and more inflation.
5. Compliance with Law No. 82 of 2016 promulgating the Law on Combating Illegal Migration and Smuggling of Migrants, which considers the migrant a victim as stipulated in Article (2): “No criminal or civil liability shall be incurred on the smuggled migrant for the crimes of smuggling migrants stipulated in this law, and the consent of the smuggled migrant or the consent of the person responsible for him or his person in charge of the crimes of smuggling migrants stipulated in this law shall not be considered.”
6. Facilitate the strict entry procedures through crossings and allow families and unaccompanied children to enter, and to protect them (Arqin and Qastal crossings on the Sudanese-Egyptian border)
7. The implementation of such decisions may have serious consequences for increasing financial pressure on migrants and asylum seekers who are not registered with UNHCR, and some may resort to irregular migration boats by way to the coast of Egypt or Libya and then to Europe, contrary to what the government declares that it seeks to combat and regulate such migration.
8. The Council of Ministers shall abide by the international laws and conventions concerned primarily with the protection and residence and improve conditions for immigrants and foreigners.

 

 

 

[1] https://egypt.iom.int/news/almnzmt-aldwlyt-llhjrt-fy-msr-tuqdr-aldd-alhaly-llmhajryn-aldhyn-yyshwn-fy-msr-b-9-mlayyn-shkhs-mn-133-dwlt#:~:text=07%20August%202022-,%D8%A7%D9%84%D9%85%D9%86%D8%B8%D9%85%D8%A9%20%D8%A7%D9%84%D8%AF%D9%88%D9%84%D9%8A%D8%A9%20%D9%84%D9%84%D9%87%D8%AC%D8%B1%D8%A9%20%D9%81%D9%8A%20%D9%85%D8%B5%D8%B1%20%D8%AA%D9%8F%D9%82%D8%AF%D8%B1%20%D8%A7%D9%84%D8%B9%D8%AF%D8%AF%20%D8%A7%D9%84%D8%AD%D8%A7%D9%84%D9%8A%20%D9%84%D9%84%D9%85%D9%87%D8%A7%D8%AC%D8%B1%D9%8A%D9%86%20%D8%A7%D9%84%D8%B0%D9%8A%D9%86,%D9%85%D9%84%D8%A7%D9%8A%D9%8A%D9%86%20%D8%B4%D8%AE%D8%B5%20%D9%85%D9%86%20133%20%D8%AF%D9%88%D9%84%D8%A9. “IOM Egypt estimates the current number of migrants living in Egypt at 9 million people from 133 countries”

[2] https://www.unhcr.org/eg/wp-content/uploads/sites/36/2023/06/Egypt-Factsheet-September-2022-AR.pdf

[3] The Official Page of the Egyptian Ministry of Foreign Affairs – https://tinyurl.com/5n8v8k9w

[4] UNHCR report on the Sudanese crisis, July 2023 –  https://tinyurl.com/56hwxd7f

[5] https://arabic.cnn.com/middle-east/article/2023/08/10/level-of-inflation-in-egypt-hits-a-record#:~:text=%D9%88%D9%88%D9%81%D9%82%D9%8B%D8%A7%20%D9%84%D8%A8%D9%8A%D8%A7%D9%86%D8%A7%D8%AA%20%D8%A7%D9%84%D8%A8%D9%86%D9%83%20%D8%A7%D9%84%D9%85%D8%B1%D9%83%D8%B2%D9%8A%20%D8%A7%D9%84%D9%85%D8%B5%D8%B1%D9%8A,%D9%85%D9%82%D8%A7%D8%A8%D9%84%2041.0%25%20%D9%81%D9%8A%20%D9%8A%D9%88%D9%86%D9%8A%D9%88%202023. Egypt. Inflation Rate Sets New Record High

[6] https://www.shorouknews.com/news/view.aspx?cdate=07062023&id=ccf951bd-44a8-42df-837a-f8ce91babc11

[7] https://www.cc.gov.eg/i/l/426394.pdf  “Prime Minister’s Decree No. 369 of 2023 on the organization of the Fund for Combating Illegal Migration and Protection of Migrants and Witnesses”

[8] https://bit.ly/3ZcjWSQThe Egyptian Commission for Rights and Freedoms comments on the decision of the President – Council of Ministers No. 369 of 2023 regarding the organization of the Fund for Combating Illegal Migration and the Protection of Migrants and Witnesses

[9] https://www.elbalad.news/5813777 “The Official Gazette publishes the decision of the Minister of Interior to amend the visa fees for foreigners to Egypt – June 18, 2023”

[10] https://www.almasryalyoum.com/news/details/2970524 “The Official Gazette publishes the Prime Minister’s Decision on Residence Fees for Foreigners – 29 August 2023”

[11] https://www.infomigrants.net/ar/post/45821/%D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF-%D8%A7%D9%84%D8%A7%D9%88%D8%B1%D9%88%D8%A8%D9%8A-%D9%8A%D8%AF%D8%B9%D9%85-%D9%85%D8%B5%D8%B1-%D8%A8%D9%86%D8%AD%D9%88-80-%D9%85%D9%84%D9%8A%D9%88%D9%86-%D9%8A%D9%88%D8%B1%D9%88-%D9%84%D9%84%D8%AD%D8%AF-%D9%85%D9%86-%D8%A7%D9%84%D9%87%D8%AC%D8%B1%D8%A9-%D8%BA%D9%8A%D8%B1-%D8%A7%D9%84%D8%B4%D8%B1%D8%B9%D9%8A%D8%A9-%D9%87%D9%84-%D8%AA%D8%B5%D8%A8%D8%AD-%D8%A7%D9%84%D9%82%D8%A7%D9%87%D8%B1%D8%A9-%D8%B4%D8%B1%D8%B7%D9%8A-%D8%A7%D9%84%D8%A8%D8%AD%D8%B1-%D8%A7%D9%84%D9%85%D8%AA%D9%88%D8%B3%D8%B7

[12] https://www.almasryalyoum.com/news/details/2898921  “Minister Sameh Shoukry in a press conference with the Minister of Foreign Affairs of Hungary talks about the  efforts and burdens borne by Egypt as a result of hosting millions of refugees and migrants, explaining that Egypt is dealing with this situation from a humanitarian perspective that prevents these from being pushed to the risks of crossing the Mediterranean to reach Europe, as well as integrating them into society while providing support, services and job opportunities on an equal basis with Egyptian citizens, which requires more support from The European Union to Egypt in light of the burdens it bears.”

[13] https://www.cairo24.com/1801426 “Minister of Solidarity: 8 million refugees in Egypt caused pressure on food commodities and services”