Author
Until the end of 2024, international protection in Egypt was based on the definitions contained in ratified international agreements, particularly the 1954 protocol signed with UNHCR , without the existence of domestic legislation regulating the granting of refugee status. At the same time, Palestinian refugees, who are not covered by the 1951 Refugee Convention under Article 1(d), were granted residence in Egypt and issued travel documents until 1976 through an exceptional mechanism set out in Ministerial Decrees No. 180 and 181 of 1964. The first provided for the exemption of certain groups, including Palestinian refugees, from residence fees; the second allowed Palestinian refugees to be issued travel documents on the condition that they were granted refugee status. This practice reflected the existence of two forms of international protection, one covering persons covered under the 1951 Convention and another for Palestinians in Egypt.
The issuance of Law No. 164 of 2024, which has not yet been effectively implemented, entrenched a serious legislative gap by limiting international protection to a single model tied to recognition by a government committee, without establishing alternative mechanisms such as subsidiary or temporary protections. This deepens the legal vacuum and jeopardises the rights of individuals unable to prove their refugee status under the narrow definitions in the conventions, in violation of the principles of justice and inclusivity in international protection.
The definition of an asylum seeker under the 2024 Asylum Law is limited to “a foreign national who submitted an application to the committee”, thereby excluding prima facie asylum seekers from international protection and access to services. More critically, the law explicitly fails to provide temporary protection to asylum seekers This wording has led to the exclusion of individuals from protection in many cases and results in the total denial of protection for persons who meet the definition of a refugee under Article 1, if they have not submitted an application to the designated committee.
The definition of a refugee in the law aligns with that set out in Article 1 of the 1951 Refugee Convention. The definition positively expands to include stateless persons among those eligible for protection. It is also consistent with the definition contained in the African Charter on Human and Peoples’ Rights, and incorporates the broader definition found in the Convention of the Organization of African Unity, which includes in its second paragraph causes of displacement such as “external aggression, occupation, and events seriously disturbing public order”.[1]
However, the definition of a refugee or person eligible for asylum in the law adds the term “serious” in the clause that outlines the reasons for being outside one’s country of nationality or habitual residence: “anyone who is outside the country of their nationality or habitual residence due to a reasonable cause based on a well-founded and serious fear of persecution.”
[1] Presidential Decree No. 332 of 1980 on approving the Organization of African Unity Convention governing the various aspects of refugee issues in Africa, available here (AR)
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The Chapter: Content of International Protection in Egypt contains sections on:
A. Status and residence
- Residence permit
- Civil registration
- Refugee card
- Naturalisation
- Cessation and review of protection status
- Cancellation of protection status