The Committee for Justice (CFJ) expresses concern over the human rights implications resulting from the implementation of the Foreigners’ Asylum Law No. 164 of 2024 and its executive regulations, particularly the transfer of responsibility for managing asylum affairs from the United Nations High Commissioner for Refugees (UNHCR) to the Permanent Committee for Refugee Affairs affiliated with the Egyptian Cabinet.
The Committee considers that state administration of the asylum file through a national mechanism may, in principle, constitute a legitimate organizational step. However, its success remains dependent on full compliance with international and regional standards governing the protection of refugees and asylum seekers, ensuring the independence and effectiveness of asylum determination procedures, and preventing the asylum framework from becoming a tool for security control or restricting international protection.
CFJ is closely monitoring, with increasing concern, the conditions of Sudanese refugees and asylum seekers in Egypt, particularly in light of documented cases in recent months involving detention, forced deportation, administrative harassment, and growing difficulties in accessing registration procedures, protection mechanisms, and basic services. The Committee fears that the unclear transition between the UNHCR system and the new framework may create legal and procedural gaps that could expose thousands of refugees and asylum seekers to the risk of losing protection or being subjected to detention and deportation.
The Committee notes that the executive regulations partially addressed the temporary recognition of asylum cards issued by UNHCR until their expiration or replacement with new documents. However, they failed to provide sufficient guarantees regarding transition mechanisms, the rights of individuals currently registered with UNHCR, or effective avenues for appeal and judicial review of decisions issued by the Permanent Committee for Refugee Affairs.
CFJ also expresses concern regarding a number of problematic provisions within the law, including the absence of clear protections against refoulement for asylum seekers whose applications have not yet been determined, the lack of adequate safeguards against arbitrary detention on the grounds of irregular entry or residence, restrictions imposed on refugees’ freedom of association and civic participation, and the absence of clear judicial oversight over administrative decisions related to granting, rejecting, or revoking refugee status.
The Committee stresses that these concerns carry particular significance amid the ongoing armed conflict in Sudan and the increasing number of Sudanese fleeing grave violations, war crimes, and widespread human rights abuses. Any shortcomings in the protection system may expose these individuals to the risk of return to conditions threatening their lives, safety, and personal security.
CFJ further recalls that the NGO Forum preceding the 87th Session of the African Commission on Human and Peoples’ Rights, held in May 2026, adopted a resolution submitted by the Committee for Justice concerning forced displacement, non‑refoulement, and the protection of civilians, refugees, asylum seekers, and Sudanese migrants in Sudan, Egypt, and Libya. The resolution emphasized the existence of a worsening regional protection crisis requiring states to uphold the principle of non‑refoulement and ensure refugees’ and asylum seekers’ access to legal protection procedures, care, and essential services.
The Committee for Justice calls on the Egyptian authorities to ensure that implementation of the new law remains fully consistent with Egypt’s obligations under the African Charter on Human and Peoples’ Rights, the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, the 1951 Refugee Convention, and its 1967 Protocol, as well as the principles contained in the Global Compact on Refugees and other relevant international and regional instruments. This includes ensuring effective and prompt access to asylum procedures, prohibiting refoulement, preventing arbitrary detention of refugees and asylum seekers, providing the necessary legal and judicial safeguards, and ensuring access to protection and basic services without discrimination.
CFJ further emphasizes that the protection of refugees is not only a legal obligation but also a humanitarian and moral responsibility that becomes increasingly urgent amid the crises and conflicts affecting the region. Any legislative or institutional reform in this field must aim at expanding protection and strengthening rights, rather than restricting or undermining them.
