What national laws specifically govern refugees' access to public services?
Egypt doesn't have a specific national asylum law. Instead, Egypt relies on a general legal framework and international conventions to regulate the status of refugees. It may rely as well on the Constitution and national legislation and presidential decrees that may include articles regulating the status of foreigners, which may deal directly or indirectly with the rights of refugees.
The Entry and Residency of Foreigners Law number 89 of 1960 deals with the status of foreigners, and classifies them into three categories:
1. Foreigners with special residency,
2. Foreigners with normal residency
3. Foreigners with temporary residency.
It generally provides foreigners access to the most essential of public services, like residency, education, health, as well as the protection necessary during their stay in the country, and it stresses the point that this is "until the reason and period of their residency is ended". The "foreigners with special residency" category includes those who are not Egyptians by birth and that their national legal status qualifies them as foreigners with special status in Egypt.
The first class of this category, as is stated by this law is the Palestinian refugees, which could be generalised to include all other refugees. The same law includes an article with very general terms prohibiting forced deportation of anyone who's classed under the first category, unless their residence on the State's territory introduces danger to its national security.
There have been discussions in recent years in collaboration with the UNHCR on formulating a complete asylum law, that the government has submitted a law project as of 2023 that aims at systematising the legal status of refugees in Egyptian law.
Are there international treaties or regional agreements to which Egypt is a party that guarantee the rights of refugees regarding public services?
Egypt adhered to the Convention relating to the Status of Refugees of 1951, and the OAU Refugee Convention of 1969 which builds upon the former, and they both contain the fundamental notions and rules governing the status of refugees.
It guarantees their right to a treatment as favourable as possible in all the domains ranging from accommodation and residency, to the rights of property and wage-earning employment, as well as housing, public education, and public relief. These international conventions are integrated in the domestic legal system of Egypt. Egypt has nonetheless made five reserves to the UNHCR convention.
What public services are accessible to refugees in Egypt?
Do refugees have access to public education, healthcare, employment, housing, etc.?
The aforementioned convention gives refugees the rights to the most essential public services, such as the chapter on Welfare with its articles on Rationing, Housing, Public Education, and Labour legislation and social security.
Are there distinctions between registered refugees and those who are not in terms of access to public services?
Registered refugees will normally have access to legal protection and easier access to public services, as well as no risk of detention, whilst unregistered refugees have a more difficult status in the country since there's a problem in identifying them legally, which may put them at risks of qualification of causing danger to the country in the since of the Entry and Residency of Foreigners Law number 89 of 1960.
Are there specific restrictions for certain refugee groups?
Do refugees from certain countries or regions face particular restrictions in accessing public services?Are there differences in the treatment of refugees based on their status (e.g., registered refugees compared to those awaiting registration)?
Egypt, a key contributor to the mission of addressing refugee issues worldwide and especially in Africa.
In principle, Egypt, as a signatory to the 1951 Convention on Refugees and the 1969 OAU Convention (Organization of African Unity) governing aspects specific to refugee issues in Africa, hosts over 9 million refugees and migrants from 133 countries. They represent 8.7% of the total Egyptian populationand are concentrated in the cities of Cairo, Alexandria, Damietta, and Daqahliya.
However, as Egypt has not established a national asylum system, UNHCR ( United Nations High commissionner for refugees ) is responsible for the registration and determination of refugee status, providing identity papers, and offering assistance.
UNHCR has been operational in Egypt since 1954 after the Government of Egypt and UNHCR signed a Memorandum of Understanding (MOU). Since then, UNCHR has provided protection services including all aspects of registration, documentation, refugee status determination and resettlement to those who are forcibly displaced.
According to Deputy Siham Mostafa, member of the Foreign Affairs Committee of the Egyptian House of Representatives, all countries in the world, even the less populated and economically stronger, refuse to host undocumented refugees or migrants to limit the number of foreigners and preserve national security.
The laws of these countries also include imposing fees on foreigners for the use of public services and facilities, while Egypt hosts "millions of guests and provides them with services at the same prices as those provided to citizens without an increase, despite the current economic crisis in the country. »
Regulating the entry of refugees into Egypt: a control or a restriction on the entry of certain populations?
However, with the economic crisis and the war unfolding in Sudan leading to a severe humanitarian crisis, the Egyptian administration is considering tightening entry procedures into its territory for refugees, particularly Sudanese nationals. Since the start of the conflict in Sudan on April 15, between the military and paramilitaries, around 200,000 Sudanese have fled the war, with Egypt being a primary destination for most of them.
However, in 2023, the administration exempted Sudanese women, children under the age of 16, and individuals over 50 from the requirement to obtain a visa.
In a statement released on Sunday, June 11, 2023, the Egyptian Ministry of Foreign Affairs announced new procedures with the aim of "establishing a regulatory framework for the entry of Sudanese brethren into Egypt after more than 50 days of crisis"in their country.
These restrictive measures are not intended to "prevent or limit the number of Sudanese citizens entering" Egyptian territory but rather to put an end to "illegal activities of individuals and groups on the Sudanese side of the border, who are falsifying entry visas" for profit, as explained in the statement.
A trend towards regulation rather than restriction: a model of hospitality and generosity allowing access to public services
Despite the trend towards regulating the entry of refugees, the United Nations High Commissioner for Refugees, Filippo Grandi, praised the efforts made by the Egyptian government and people to economically empower refugees.
Furthermore, access to public services is guaranteed for refugees. This is emphasized by the Minister of Health and Population, Khaled Abdel-Ghaffar, who stated that Egypt provides "its guests" with the same healthcare services enjoyed by Egyptian citizens.
He also referred to the report from the International Organization for Migration (IOM) published in August 2023. According to this report, immigrants, refugees, and asylum seekers in Egypt have access to education and healthcare services on an equal footing with Egyptians, despite the challenges faced by both sectors and the high costs associated with these services.
However, in the face of this opening of public services to refugees and the ongoing economic crisis in Egypt due to global circumstances, the UNHCR (United Nations High Commissioner for Refugees) will collaborate with government authorities and seek technical assistance from other UN agencies (UNICEF, WFP, UNAIDS, and WHO). It will also organize regular consultations with the Ministry of Foreign Affairs, specifically with the Department responsible for refugees, on all matters related to the development of Egypt's asylum policies and practices.
Differences in the treatment of refugees based on their status ?
In principle, according to Article 3 of the United Nations Convention relating to the Status of Refugees, States parties shall apply the provisions of this Convention to refugees without discrimination as to race, religion, or country of origin.
However, concerning their status, during the ministerial meeting held on Monday 8 January, the Ministry of Interior called on all foreigners present in Egypt to regularize their residence status.
On the other hand, the UNHCR, a key player in the residency status regularization process, emphasizes in its article on Sudanese refugees in Egypt that more than 30,000 Sudanese refugee children are currently attending public and private schools in Egypt.
While receiving assistance and having access to certain public services through registration with the UNHCR, families receive occasional financial assistance to cover rent and other expenses. However, as expenses are ongoing—such as rent, food, and healthcare—this sum has long been depleted, making it difficult for them to meet their needs today.
"Over 317,000 Sudanese refugees have arrived in Egypt in the past six months, and more than 100,000 of them have registered at our offices in Cairo and Alexandria," says Hanan Hamdan, the UNHCR Representative in Egypt. "Most of them are women and children in need of assistance. Additional funds are urgently required to continue our aid programs."
Palestinian Refugees and UNRWA
Indeed, with the crisis that emerged in Palestine in 2023, Egypt remains a key channel for aid provided to Palestinians. The Chief of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA), Philippe Lazzarini, praised the efforts made by Egypt to deliver aid to the Gaza Strip.
During the visit of the Chief of UNRWA to Egypt, the Minister of Foreign Affairs, Sameh Shoukry, emphasized Egypt's willingness to provide all necessary support to UNRWA. This includes continuing coordination with international stakeholders to ensure the financial and political support necessary for UNRWA
How are emergencies affecting refugees dealt with in Egypt
Rules and regulations that offer refugees access to emergency public services in cases of immediate need
Egypt is one of the countries having signed the 1951 convention on the status of refugees, and according to said convention, refugees must have access to healthcare and social security services in a matter that is equal or similar to the services accorded to nationals of the country where they are residing.
The convention did not elaborate specific rules to deal with cases of emergencies or immediate need, but the United Nations’ refugee agency expressly states that it is the job of public Egyptian hospitals to provide emergency, necessary, and life-saving medical services to nationals, refugees as well as asylum-seekers, for free or for an affordable price. This principle is not one that is particular to international law, it is also recognized in the internal legal order, therefore, it is applied to nationals and refugees alike, considering that they are to be treated on equal footing
This principle is of constitutional value, since article 18 of the Egyptian Constitution of 2014 punishes the refusal of providing medical care to any person in an emergency or a life-threatening situation.
Are there specific mechanisms that address humanitarian crises or emergencies affecting refugees
There are specific mechanisms to deal with such cases on the governmental scale as well as the non-governmental one. For the mechanisms used by the Egyptian government, members of the government offer help to countries facing humanitarian crises as well as refugees originating from said countries, but only after instructions from the President of the Egyptian republic, who has the constitutional right to represent the country in its external affairs, and is constitutionally the head of government and executive branch.
However, non-governmental organizations (NGOs), have a different approach to deal with such issues. Being of a civil and a non-governmental nature, they need not wait for instructions from any governmental entity to proceed with helping refugees. Among those NGOs that play an important role in helping refugees, is the Egyptian Red Crescent. The Red Cresent’s strategy for dealing with crises is based on 3 essential steps:
The first being preparedness for such emergencies before they take place;
The second being confronting crises as they happen by providing rapid humanitarian aid through medical services, as well as providing essential necessities such as water and food;
The third being the social, psychological and medical rehabilitation of refugees and those who have been affected by said crises.
What are the available legal remedies in the case of refusal of providing public services to a refugee
Are there potential legal remedies that are open to refugees that consider their right to public services violated
The 1951 convention on the status of refugees, states that refugees must have access to courts of law in the country in which he resides. In that case, in the countries having signed the convention, thus including Egypt, the refugees’ right of access to courts is protected, it is also equal to the right accorded to nationals of that country.
In order to determine the potential legal remedies, one must look at the internal legal order of the state, and the rules governing cases of refusal of access to public services. Like we have already mentioned, the Egyptian constitution of 2014, sanctions the refusal of providing healthcare to those in life-threatening situations. And as for other public services such as social security or education, they are also rights of a constitutional value, and any violation of said rights is sufficient grounds to seize the competent tribunal/jurisdiction.
What judicial organs or bodies are competent to settle such disputes
All that is relevant to access to public services, or violations to said rights, is within the competence of the administrative legal order.
But in addition to internal legal remedies, the refugee who’s right of access to said services has been violated, has the right to seize international courts or organs if there has been a breach of an essential human right by the host state. In the case of the United Nations, the competent organ is the council of human rights, but in order for such a plea to be admissible, certain conditions must be met such as the exhaustion of all local remedies.
Egypt currently hosts more than 350,000 officially registered refugees and asylum seekers of 59 nationalities, mainly in Greater Cairo, Giza, Alexandria and other northern coastal governorates.
The main nationalities are Sudan, Syria and South Sudan. Due to its centrality within the MENA region, it is a country of origin, destination and transit for migrants, as a preferred route to later head to Europe via the Mediterranean.
Various actors intervene to verify refugees' access to public services.
Within the government itself, the National Coordinating Committee for Combating and Prevention of Illegal Migration and Trafficking in Persons (NCCP IM TIP) is responsible for ensuring the prevention of illegal migration and trafficking. It enables long-term sustainable development gains for migrants, refugees, asylum seekers and their host communities. Their research unit operates at Cairo University.
Additionally, Egypt has established partnerships with several international organizations to improve access to public services for refugees within its borders. It has maintained long-standing cooperation with UNHCR through a memorandum of understanding signed between them. Generally speaking, the Office of the United Nations High Commissioner for Refugees (UNHCR) has handled all public affairs services provided to refugees since 1954: registration, documentation, refugee status determination and resettlement.
For example, during last year's Sudanese crisis, more than 250,000 Sudanese refugees crossed Egypt's borders to seek asylum. It was UNHCR that provided water, food, hygiene kits and sanitary supplies, as well as moral support at border posts for families and individuals entering the borders. The same goes for the explosion of Syrian refugees in 2012, when they fled their war-torn homeland after the Arab Spring. Since then and until 2023, the number of Syrian refugees has increased significantly to reach 153,000 individuals.
In fact, UNHCR is present in all Egyptian regions and cities with its international and national staff on the ground: throughout Greater Cairo and on the northern coast in Cairo, Giza, Ismailia, Sharkia, Dakahlia, Port Said, Damietta, Kafr El-Sheikh, Alexandria, Behera, Menoufia, Matrouh, Qalyubia and Gharbia.
All services offered by UNHCR and its partners are free and equally accessible to all refugees. Therefore, international funding is essential to sustain projects and initiatives. Contributions for services provided amount to approximately $24.1 million, of which $15.3 million comes from the
United States of America alone
Their essential activities are:
Reception and advice services in 7 different languages in their offices as well as through their hotline number (02 27390400).
Legal assistance for asylum seekers, international protection and defense of detained persons.
Community protection through group discussions, awareness programs, psychological support and emergency response.
Child protection services for people at risk of abuse, neglect, violence and exploitation, as well as for unaccompanied people
Reception and counseling services in 7 different languages in their offices as well as through their hotline number (02 27390400).
Legal assistance for those seeking asylum, international protection and defends those who are in detention.
Community based protection through group discussions, awareness raising programs, psychological support and emergency response.
Child-focused protection services for those at risk of abuse, neglect, violence and exploitation, as well as for unaccompanied children, in partnership with UNICEF.
Integration of these children before the Egyptian national courts into the national child protection services. UNHCR is currently working with the Ministry of Social Solidarity to ensure that refugee children are included in the proposed national law on alternative care.
Prevention of gender-based violence and support for those who have witnessed it.
The offer of extremely unconditional monthly cash grants; y vulnerable refugees and asylum seekers with help from WHO.
Training and assistance programs to help find employment and improve economic livelihoods and family inclusion.
Equal access to primary, secondary and emergency public health care for all Egyptian citizens.
Enrollment of refugees and asylum seekers in public schools so that they receive the same level of education as any Egyptian citizen through the provision of all the necessary elements to accommodate the population as well as contribute to the costs of schooling, uniforms, books and transportation.
Resettlement of refugees in other regions of the world.
In 2022, UNHCR Egypt finalized more than 11,000 RSD decisions, extending the operation's status as the most productive RSD mandate operator in the world.
For the 2022/2023 school year, UNHCR has provided scholarships to more than 56,000 refugee and asylum-seeking students (50% women) in public, community and private schools. In addition, enhanced education allowances are provided to around 1,800 unaccompanied and separated children and around 600 children with disabilities.
As part of this initiative, UNHCR has partnered with several local charities and group work organizations to provide essential services to refugees. Some of them are: CARE, Caritas, Catholic Relief Service, St. Andrew's Refugee Services (StARS), Médecins Sans Frontières (MSF), United Lawyers, Egyptian Refugee Rights Foundation, All Saints/Refugee Egypt, Save the Children International (SCI), Egyptian Red Crescent, Cairo Institute of Training and Psychosocial Services (PSTIC), Terre des Frontières (MSF) and the Refugee Hospital.
Additionally, Egypt has shown its commitment to creating a national legal framework for asylum and UNHCR contributed to the process of drafting a formal asylum law in 2019.
Last year, the Egyptian Refugee Response Plan (ERP) 2024 between Egypt and UNHCR (UN refugee agency) was announced at a workshop in Cairo on September 21, 2023. The workshop brought together participants from Egyptian ministries, embassies as well as international financial institutions, NGOs and UN agencies such as WHO, UNDP, UNICEF, WFP, UNFPA, IOM, UN and others. It describes how humanitarian and development organizations will respond to the needs of all refugee populations in Egypt.
Finally, it should be added that one of the largest contributors to the maintenance and support of refugees and asylum seekers in Egypt is the Catholic Church. Although it is a predominantly Muslim country, the Catholic Church in Egypt is making a difference through its humanitarian organizations. Alongside the works of Caritas, CRS and the organizations mentioned above, the Don Bosco Salesian Church of Zaitoun organizes exchange programs between young Sudanese and Egyptians every year, implementing recreational and educational activities involving 200 Sudanese and 220 Egyptians. The participants benefit from psychological counseling and sustainable livelihood opportunities. Participants benefit from psychological support and sustainable livelihood opportunities. In 2020, the Salesian Missionaries carried out several projects mainly benefiting migrants, refugees and members of host communities. One of these projects was the “Sunrise Project for Cairo Urban Refugees”, which provided vocational training, psychological support to refugees, hygiene and personal care support, nutrition and medical support. By 2021, the Salesian Technical and Vocational Training Center in Cairo had already supported at least 3,000 refugees from Syria and sub-Saharan Africa, as well as many vulnerable Egyptians.
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