Author
Refugees in Egypt, in principle, have the right to access the judiciary, just like any other individual within the Arab Republic of Egypt. Article 79 of the Egyptian Constitution stipulates that “litigation is a right guaranteed to all.” In addition to being a party to the 1951 Convention Relating to the Status of Refugees, Egypt is obligated to guarantee refugees’ right to access the courts. Article 16 of the Convention stipulates that any refugee has the right to free access to the courts of the host country, equality with nationals in judicial proceedings, legal assistance, and exemption from court fees.
Accordingly, refugees have the right to file lawsuits before Egyptian courts, and in some cases, fees may be waived if necessary. In theory, refugees and asylum seekers can resort to the Public Prosecution Office or the courts, either as plaintiffs (filing complaints or civil suits) or as defendants to ensure their rights. For example, if a refugee is the victim of a crime, they have the right to file a police report or a complaint with the Public Prosecution Office like any other person. If a civil dispute arises (such as a rental contract or commercial dispute), they can file a lawsuit before the competent civil court. There is nothing preventing non-Egyptians, including refugees, from litigating.
Challenges in accessing justice:
Despite the legal recognition of refugees’ right to litigate and access the courts, refugees face numerous obstacles and challenges that may hinder their easy access to justice, such as:
Bureaucratic complications and identity document requirements:
Lack of official documents is one of the biggest obstacles facing refugees when dealing with judicial or security authorities. Many refugees arrive in Egypt without passports or with expired documents, and some lose their documents while fleeing. Others face lengthy waits to obtain a UNHCR registration card (yellow card for asylum seekers or blue card for recognized refugees). During this period, their legal status is suspended. All services in Egypt, including police and judicial services, require valid identification documents and a valid residency permit. Therefore, a refugee who lacks a passport or a valid refugee card faces difficulty even entering a police station to file a complaint. This reality creates a fear among many of approaching police stations for fear of being treated as an immigrant’ rather than recognized as a refugee with rights.
Lack of legal representation and legal aid:
Refugees often lack the financial resources to hire lawyers or even knowledge of the legal procedures to follow. Furthermore, government-funded legal aid services for refugees are scarce. Most rely on civil society organizations for advice or legal representation.
Fear and lack of trust in law enforcement authorities:
As a result of accumulated negative experiences, a number of refugees feel that resorting to the police may not bring them justice and may even expose them to additional problems, especially if there is a problem with their residency permit. There are also fears of discrimination or ill-treatment.
Language barriers:
Language is a major barrier for many refugees in Egypt. While some refugee communities speak Arabic (such as Syrians and Sudanese), others of different nationalities (such as non-Arab Africans and Asians) face difficulty communicating with police or court staff. The lack of interpreters during filing complaints or hearings can lead to misunderstandings or a reluctance for refugees to follow the proceedings.