Author
The right to movement and mobility is one of the fundamental rights guaranteed by the Egyptian Constitution and international conventions. It is closely tied to human dignity and to individuals’ ability to exercise other rights. In Egypt, the Constitution regulates the status of refugees and migrants in relation to freedom of movement. Article 62 of the Egyptian Constitution affirms that freedom of movement is guaranteed for all.
At the international level, the treaties to which Egypt is party oblige the state to uphold the right of refugees and migrants to move freely. The 1951 Refugee Convention, in Article 26, affirms that refugees lawfully staying in the host country must be allowed to choose their place of residence and move freely within its territory under the same conditions as other foreign nationals. Likewise, Article 12 of the International Covenant on Civil and Political Rights states that every person lawfully present in a state’s territory has the right to freedom of movement. That is an obligation Egypt must uphold in its policies towards refugees and migrants. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the United Nations in 1990, also guarantees migrant workers the right to move freely within the territory of the host state.
Current Practice:
Egypt does not apply a camp policy in hosting refugees; they are allowed to reside in urban areas. Most live in major cities such as Cairo, Giza, Alexandria, and Damietta. Yet, despite all these legal commitments, legal and administrative obstacles persist, limiting the freedom of movement of refugees and migrants in Egypt. Complex residency procedures and administrative discrimination against certain nationalities, such as Syrians and Palestinians, hinder their movement due to fear of deportation, forced return or detention.
2024 Asylum Law:
The asylum law speaks to freedom of movement in Article 22, which states that “in accordance with relevant laws and regulations, the refugee shall enjoy freedom of movement and the right to choose their place of residence within the country, with the obligation to notify the competent committee of their permanent address and any change thereto”.[1] While the text reflects a formal commitment to the principle of freedom of movement, as provided in the 1951 Refugee Convention, which requires granting refugees freedom of movement on par with other lawful residents, it explicitly excludes the cases governed by Article 10.
Article 10 introduces a significant exception to this right, allowing the competent committee, in times of war, in the context of counterterrorism measures, or during serious or exceptional circumstances, to request temporary measures and necessary procedures in relation to asylum seekers for reasons linked to national security or public order. The article refers to the executive regulations for determining the specifics of such procedures, creating broad potential for practical restrictions.
In addition, Article 22’s reference to ‘relevant laws and regulations’ opens the door to regulatory constraints that may in practice limit this right. These restrictions may take the form of requiring prior notification or approval for travel between governorates, or linking access to services and data updates to a fixed place of residence. This can result in informal limitations on movement, especially in border areas. Therefore, despite the protective appearance of the provision, it does not effectively guarantee the exercise of the right to freedom of movement without restrictions.