Author
Main legislative acts relevant to international protection and temporary protection
Due the author’s stance on the right to freedom of movement, we refrain from using the term “illegal immigration” and it is barred as it inappropriately criminalizes the act of migration itself and makes judgments about individuals and their inherent right to move. It nonetheless appears in the text because it is the term used in the title of policies and documents.
| Title (EN) | Original Title (AR) | Human Rights Commentary | Web Link | |
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Asylum Law No 164 of 2024 |
قانون لجوء الأجانب، |
On December 16, 2024, the law was issued via a presidential decree and was published in Official Gazette No. 50 (Supplement C). It is the first national legislation to regulate the asylum process in the country, more than 40 years after Egypt ratified the 1951 United Nations Refugee Convention and its 1967 Protocol. | Human Rights organizations expressed concern that the lack of consultation with stakeholders has resulted in a law that fails to meet the needs of refugees and respects their fundamental rights. The law was first announced during a Cabinet meeting on June 7, 2023. On October 23, 2024, the Defence and National Security Subcommittee of the Egyptian House of Representatives announced having approved the government’s draft Asylum Law. The Human Rights organizations called for an open and transparent dialogue on the draft law before its approval by Parliament. This process of issuing the law has resulted in numerous violations of refugees’ fundamental rights, and rather than providing protection, the law exposes them to numerous risks.
Seven United Nations Special Rapporteurs on human rights expressed concerns in a letter to the Egyptian government regarding the current implementation of the asylum law, urging amendments and warning that the law violates international law and Egypt’s obligations under ratified refugee conventions. The Refugee Platform in Egypt, in collaboration withthe Egyptian Initiative for Personal Rights, issued a joint paper titled “The New Asylum Law Undermines Basic Protections for Refugees and Represents a Regression from the Existing Legal Status.” The paper addressed the Egyptian government’s efforts to change the existing system and create a domestic legal framework. The new legislation was hoped to address the existing problems and bridge the protection gaps that refugees have suffered from for years. However, the law does not achieve its intended purpose and represents a regression from the existing legislative system. In addition to the law’s contradictions in several places with the Egyptian Constitution and international conventions, it dismisses key protections for refugees and asylum seekers. |
here (AR) |
| Law No 172 of 1954, on the approval of the agreement concluded between Egypt and the United Nations High Commissioner for Refugees (UNHCR) | قانون 172 لسنة 1954 بشأن الموافقة على الاتفاقية المعقودة بين الحكومة المصرية ومكتب الأمم المتحدة لشئون اللاجئين المواقع عليها بالقاهرة | The law was issued by the President of the Republic and published in the Official Gazette No. 71 on March 24, 1954, approving the agreement concluded between the Egyptian government and UNHCR, signed in Cairo. Under this agreement, UNHCR was entrusted with operational responsibilities for all aspects related to registration, asylum documentation, status determination procedures, resettlement, voluntary return, inter-agency coordination, and assistance to the most vulnerable groups. Accordingly, the first UNHCR office was established in Egypt. | here (AR) | |
| Anti Human Trafficking Law, No 64 of 2010 |
قانون مكافحة الاتجار بالبشر رقم 64 لسنة 2010 |
On May 9, 2010, the law was issued by the President of the Republic and published in the Official Gazette No. 18 bis. It is the first law to criminalize human trafficking and sets penalties of up to life imprisonment and heavy fines. It aims to protect victims, especially women and children, from sexual or labor exploitation or forced recruitment, while establishing a mechanism to provide them with medical, psychological, and legal support. The law provides for the formation of the “National Coordinating Committee for Combating Human Trafficking.” | Despite its importance in combating human trafficking, the law is criticised for its lack of effective measures to protect the rights of refugees and migrants in particular. The law’s lack of clear mechanisms to identify victims and provide them with the necessary support is a major shortcoming. | here (AR) |
| Law No 82 of 2016, on Combating Illegal Migration and Smuggling of Migrants |
قانون مكافحة الهجرة غير الشرعية وتهريب المهاجرين رقم 82 لسنة 2016 |
On November 7, 2016, the law was passed by Parliament and published in Official Gazette No. 44 (A). Its objective is to criminalize and combat irregular migration and migrant smuggling. The law included provisions for the establishment of the National Coordinating Committee for Combating and Preventing Illegal Migration and Trafficking in Persons, outlining its mandate, membership, and basic operational framework. The committee was formally established under Prime Ministerial Decree No. 192 of 2017, with further details referred to the law’s executive regulations.
Article 32 provided for the creation of the “Fund for Combating Illegal Migration and Protecting Migrants and Witnesses,” which was subsequently established through Prime Ministerial Decree No. 369 of 2023. The law also defined key terms and concepts used in its provisions and set out penalties for violations. |
Several human rights organizations concerned with refugee affairs have criticized this law. The Refugee Platform in Egypt commented on the law and its amendment, the resolution No. 22 of 2022, stating that irregular migration has deep-rooted causes that must be addressed first before imposing harsher penalties. Despite the harsher penalties in Law No. 82 of 2016, irregular migration has not been affected by this tightening. The RPE recommended some proposals to Parliament and relevant authorities, most notably amending the law to provide real guarantees for irregular migrants against criminal prosecution and protection against forced deportation, which threatens the safety and lives of refugees. The legislative system needs to reconcile the contradiction between Law No. 82 and Presidential Decree No. 444 of 2014, which defines areas adjacent to the border and treats them as military zones, which subsequently puts migrants at risk of military trials. Article 8 of this law must be repealed or amended to protect individuals and organizations from criminal prosecution for merely assisting victims. | here (AR) |
| Law No. 89 of 1960 on the Regulations of Entry, Residence, and Exit of Foreigners
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قانون دخول وإقامة الأجانب رقم 89 لسنة 1960 |
Issued by the President and published in Official Gazette No. 71 on March 24, 1960, the law regulates entry into, residence in, and exit from the territory of the United Arab Republic, which at the time comprised both the Egyptian and Syrian territories under the Interim Constitution. The law does not exempt refugees or asylum seekers from the penalties it prescribes, exposing them to the risk of detention, administrative detention, and deportation. While it exempts certain categories, such as members of the diplomatic corps, from residency card fees, it makes no provision for refugees. | Article 36 of the law was amended by Law No. 77 of 2016, resulting in a significant increase in residence card fees. The amendment raised the cost of residence permits for foreigners in Egypt. The law exempts certain categories, such as members of the diplomatic corps, from paying residence fees, but makes no mention of refugees or asylum seekers. By failing to include any consideration for these groups, the legislation imposes an additional financial burden on individuals already facing legal and economic vulnerability. | here (AR) |
| Labour Law, No 12 of 2003. |
قانون العمل، رقم 12 لسنة 2003. |
Issued by the President and published in Official Gazette No. 14 (bis) on April 7, 2003, the law concerns the regulation of employment. | The labour law’s failure to account for the conditions and rights of refugees contributes to their marginalization in the labour market, exacerbating their hardship and undermining their chances of achieving a dignified standard of living. In the absence of clear legal protections, refugees are vulnerable to labour exploitation and are often forced to work in unsafe conditions without access to rights or social protections. This lack of protection increases their social vulnerability and limits their ability to integrate effectively into the host community. | here (AR) |
| Law 149 of 2019 on the Regulation of Civil Work and Non-profit Organizations. | قانون تنظيم ممارسة العمل الأهلي رقم 149 لسنة 2019 |
The law regulates the status of foreign nationals, including refugees and migrants, in relation to civil society work in Egypt, whether as founders, members, or employees of associations. Article 5 stipulates that non-Egyptians with permanent or temporary legal residency in Egypt may join the membership or board of directors of an association, provided that their representation does not exceed 25 percent of the total membership. The executive regulations specify the conditions governing such participation. Article 6 further authorizes the competent minister, subject to the principle of reciprocity, to grant licenses for the establishment of associations by foreign communities in Egypt.
Regarding employment within foreign non-governmental organizations, Article 72 affirms that all employment relationships in these organizations are subject to Egyptian labour law, and that Egyptian courts have sole jurisdiction over any disputes arising from such relationships. Any agreement to the contrary is considered null and void. The same article stresses that civil society organizations may not engage foreign nationals, whether as experts, permanent or temporary workers, or even volunteers, without obtaining prior authorization from the competent minister, in accordance with procedures outlined in the executive regulations. |
here (AR) | |
| Law 175 of 1950 on the agreement between Egypt and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). | الاتفاق بين مصر وبين وكالة الاغاثة التابعة للامم المتحدة اللاجئين الفلسطينيين في الشرق الأدنى. | here (AR) |
Main implementing decrees and administrative guidelines and regulations relevant to international protection and temporary protection
Due the author’s stance on the right to freedom of movement, we refrain from using the term “illegal immigration” and it is barred as it inappropriately criminalizes the act of migration itself and makes judgments about individuals and their inherent right to move. It nonetheless appears in the text because it is the term used in the title of policies and documents.
| Title (en) | Original Title (ar) | Introduction | Human Rights Commentary | Web Link |
| Cabinet Resolution No 192 of 2017 on the Formation of the National Coordinating Committee for Combating and Preventing Illegal Migration and Trafficking in Persons, NCCPIM&TIP. | قرار رئيس الوزراء بتشكيل اللجنة الوطنية التنسيقية لمكافحة ومنع الهجرة غير الشرعية والإتجار بالبشر
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The decision was issued by the Prime Minister and published in Official Gazette No. 3 (B) on January 23, 2017, in accordance with Chapter Five, Articles 28 to 31 of Law No. 82 of 2016, which provides for the formation of the National Coordinating Committee for Combating and Preventing Illegal Migration and Trafficking in Persons. The committee is mandated to coordinate, at both national and international levels, the development and implementation of policies, plans, and programs aimed at combating and preventing illegal migration and human trafficking, and to ensure the provision of care and services to victims of trafficking.
The Coordinating Committee for Combating and Preventing Human Trafficking was originally established in 2007 by Prime Ministerial Decree No. 1584 of 2007. The National Coordinating Committee for Combating and Preventing illegal migration was later established on March 9, 2014, by Prime Ministerial Decree No. 380 of 2014. On November 7, 2016, the two committees were merged under Law No. 82 of 2016 on Combating illegal migration. The unified committee reports directly to the Prime Minister and is headquartered at the Ministry of Foreign Affairs. |
here (AR) | |
| Presidential Decree No 444 of 2014 on the Designation of Areas Adjacent to the Borders of the Arab Republic of Egypt and the Regulations Governing Them | قرار رئاسي رقم ٤٤٤ لسنة ٢٠١٤ | The Decree was published in Official Gazette No. 48 (A) on November 29, 2014. It concerns the designation of areas adjacent to the borders of the Arab Republic of Egypt and the regulations governing them, based on a proposal submitted by the Commander-in-Chief of the Armed Forces and the Minister of Defense and Military Production.
The scope of designated border areas under this decree was significantly expanded compared to previous definitions. Prior to the issuance of Decree No. 444 of 2014, the extent of these adjacent areas had been governed by Resolution No. 204 of 2010, which provided the earlier legal framework for identifying and regulating border zones.
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The Cairo Institute for Human Rights Studies issued a position paper titled “The National Strategy: Two Years of Denying the Ongoing Human Rights Crisis.” The paper notes that although the Egyptian Constitution stipulates that the state may only expropriate private property in the public interest, with respect for human rights and the provision of fair compensation, thousands of residents in Sinai were forcibly displaced between 2013 and 2020 under the pretext of counterterrorism operations. Cabinet Decree No. 420 of 2021, widely criticized as unjust, led to the evacuation of approximately 3,000 square kilometers in northeastern Sinai by designating the area as a border zone subject to heightened restrictions.
The Sinai Foundation for Human Rights stated that the amendment of Decree No. 444 of 2014 through Decree No. 420 of 2021 resulted in the expansion of restricted zones under ambiguous military plans that appear aimed at depopulating the region. These restrictions have had a severe impact on the lives of remaining residents. The Resolution was issued without public consultation or media scrutiny, despite its far-reaching consequences. It includes numerous villages, residential areas, and major towns still inhabited by thousands of civilians within the designated restricted areas. |
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| Cabinet Resolution No 369 of 2023 establishing the Fund for Combating Illegal Migration and Protecting Migrants and Witnesses. | قرار تنظيم صندوق مكافحة الهجرة غير الشرعية وحماية المهاجرين والشهود
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The Egyptian Commission for Rights and Freedoms issued a report commenting on the Decree, stating that, like other special funds, this fund’s budget is excluded from the state budget and is not subject to parliamentary oversight by the House of Representatives. It is only nominally overseen by the Central Auditing Organization.
The report further noted that the decision to establish the fund lacked a clear national plan for combating illegal migration and failed to outline how the fund’s resources would be allocated. It criticized the absence of standardized procedures governed by ordinary law, warning against reliance on exceptional legislation and ad hoc decisions that vary according to time, place, and the nationalities involved. The ECRF also emphasized that there is no justification for establishing such a fund in the absence of comprehensive legislation defining refugees, migrants, and victims, and setting out clear legal procedures for entry, stay, and access to rights. Without a legal foundation and institutional oversight, the creation of such funds risks facilitating corruption and mismanagement of public resources, especially since they fall outside the scope of the state budget and are not subject to oversight by official or public accountability mechanisms. |
here (AR) | |
| Presidential Decree No. 10 of 2019 | قرار رئاسي رقم ١٠ لسنة ٢٠١٩ | On approving the financing agreement between Egypt and the European Commission on the programme to strengthen the response to migration challenges in Egypt, signed in Brussels on 17 October 2018. | Here (AR) | |
| Presidential Decree No. 331 of 1980 | قرار رئاسي رقم ٣٣١ لسنة ١٩٨٠ | On approving the United Nations Convention relating to the Status of Refugees. | Here (AR( | |
| Presidential Decree No. 332 of 1980 | قرار رئاسي رقم ٣٣٢ لسنة ١٩٨٠ | On approving the Organization of African Unity Convention governing the various aspects of refugee issues in Africa. | Here (AR) | |
| Presidential Decree No. 333 of 1980 | قرار رئاسي رقم ٣٣٣ لسنة ١٩٨٠ | On the approval of the Protocol amending the 1951 Convention relating to the Status of Refugees, signed in New York in 1967. | ||
| Cabinet Resolution No. 1050 of 2024 | قرار مجلس الوزراء رقم ١٠٥٠ لسنة ٢٠٢٤ | On extending the period for regularizing the status of foreign nationals residing illegally in the country. | Here (AR)
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| Foreign Ministers Resolution No 39 of 1981 | قرار وزارة الخارجية رقم ٣٩ لسنة ١٩٨١ | On the publication of the approval of the Protocol amending the 1951 Convention relating to the Status of Refugees. | ||
| Interior Ministry Resolution No 181 of 1964 | قرار وزارة الداخلية رقم ١٨١ لسنة ١٩٦٤ | Issued by the Minister of Interior, the Resolution concerns the issuance of temporary travel documents to Palestinian refugees upon recognition of their refugee status. | Here (AR) | |
| Interior Ministry Resolution No 1888 of 2023 | قرار وزارة الداخلية رقم ١٨٨٨ لسنة ٢٠٢٣ | Regarding the implementation of certain provisions of Law No. 89 of 1960 concerning the entry, residence, and departure of foreigners from the territory of the Arab Republic of Egypt. | Here (AR) | |
| Presidential Decree No. 349 of 2024 regarding the regulation of the Fund for Assisting Victims of Human Trafficking. | قرار رئاسي رقم ٣٤٩ لسنة ٢٠٢٤ | Here (AR) | ||
| Presidential Decree No 556 of 2016 | قرار رئاسي رقم ٥٥٦ لسنة ٢٠١٦ | Presidential decree approving the agreement signed in Berlin on 11 July 2016 between the Government of the Arab Republic of Egypt and the Government of the Federal Republic of Germany on cooperation in the field of security. | Here (AR) | |
| Cabinet Resolution No 3326 of 2023 | قرار مجلس الوزراء رقم ٣٣٢٦ لسنة ٢٠٢٣ | Issued by the Prime Minister, the Resolution requires foreign nationals residing irregularly in the country to regularize their status and mandates the submission of proof confirming the conversion of the equivalent fees, including residency fees, overstay penalties, and residency card issuance costs, from US dollars or other convertible foreign currencies into Egyptian pounds through an accredited bank or licensed exchange company. | Here (AR) | |
| Cabinet Resolution No 2879 of 2024 | قرار مجلس الوزراء رقم ٢٨٧٩ لسنة ٢٠٢٤ | Regarding the reconstitution of the National Coordinating Committee for Combating and Preventing Illegal Migration and Trafficking in Persons. | ||
| Cabinet Decree No 1123 of 2017 | قرار مجلس الوزراء رقم ١١٢٣ لسنة ٢٠١٧ | The Resolution concerns adding representatives from various ministries and entities to the membership of the National Coordinating Committee for Combating and Preventing Illegal Migration and Trafficking in Persons, established by Resolution No. 192 of 2017, starting with the Ministry of Health and Population and ending with the National Council for Childhood and Motherhood. | ||
| Cabinet Resolution No 803 of 2017 | قرار مجلس الوزراء رقم ٨٠٣ لسنة ٢٠١٧ | The Resolution concerns adding a representative from the Ministry of State for Emigration and Egyptian Expatriates’ Affairs to the membership of the National Coordinating Committee for Combating and Preventing Illegal Migration and Trafficking in Persons, established by Decree No. 192 of 2017. | ||
| Cabinet Resolution No 739 of 2017 | قرار مجلس الوزراء رقم ٧٣٩ لسنة ٢٠١٧ | The Resolution concerns adding a representative from the Administrative Control Authority to the membership of the National Coordinating Committee for Combating and Preventing Illegal Migration and Human Trafficking, established by Decree No. 192 of 2017. |