The House of Representatives discusses the draft law promulgating the Foreigners’ Asylum Law.. Sunday
The House of Representatives, headed by Chancellor Dr. Hanafi Jabali, will discuss during its plenary session on Sunday the report of the joint committee from the Defense and National Security Committee, and the offices of the Committees for Constitutional and Legislative Affairs, Human Rights, Education and Scientific Research, and the Plan and Budget on a draft law submitted by The government issued a law on the asylum of foreigners.
The draft law aims to establish a legal regulation of the conditions of refugees, their rights, and their various obligations within the framework of the rights and obligations stipulated in the international agreements to which Egypt has joined, in order to ensure the provision of all aspects of support and care to the deserving, through the establishment of the Permanent Committee for Refugee Affairs, to be It is the authority responsible for all refugee affairs, including information and statistical data related to them, within the framework of continuing to provide full support and support For refugees.
The committee stated in its report that Egypt has acceded to a number of international agreements related to regulating the status of refugees, namely (the United Nations Convention relating to the Status of Refugees signed in Geneva on, and the Organization of African Unity agreement that governs the various aspects related to refugee problems in Africa. Signed in Addis Ababa, the Protocol to amend the Convention relating to the Status of Refugees, in accordance with Presidential Resolutions Nos. 331,332,333, of the year 1980.
The committee noted that the Constitution stipulates in Article 91 that “the state may grant political asylum to every foreigner who has been persecuted for defending the interests of peoples, human rights, peace, or justice.” The extradition of political refugees is prohibited, all in accordance with the law.”
The committee continued that in light of what the region witnessed of the deteriorating political, security and humanitarian conditions in many neighboring countries, which led to the growth of many waves of displacement and an increase in inflows to Egypt, which witnessed a sharp increase in the numbers of registered refugees and asylum seekers. I have a UNHCR office in Egypt, and it received many refugees and gave them full support and assistance and all social and economic rights without discrimination in treatment, whether between different refugee nationalities or between refugees and Egyptians, to occupy Egypt ranks third in the world among the countries receiving the most new asylum requests in 2023, and has provided a role model in providing a decent life for non-Egyptians.
The draft law aimed to issue the Foreigners’ Asylum Law and the law accompanying it. To include provisions to organize a governing framework for the various rights and obligations of refugees, which came within the framework of the rights and obligations approved by the Constitution and the agreements to which Egypt acceded, in order to ensure the provision of all aspects of support and care to the deserving, in cooperation with international bodies concerned with refugee affairs, as well as coordination with the administrative authorities in the country, through During the establishment of the Permanent Committee for Refugee Affairs, it will have a legal personality, report to the Prime Minister, and have its main headquarters in the city of Cairo. It will be the authority responsible for all refugee affairs, including information and statistical data regarding In their numbers.
In coordination with the Ministry of Foreign Affairs, it is responsible for cooperating with the United Nations High Commissioner for Refugees and other international organizations and bodies concerned with refugee affairs. The competent committee is also responsible for coordinating with the administrative authorities in the country to ensure that all aspects of support, care and services are provided to refugees. span>
The draft law grants the Prime Minister the authority to issue a decision that includes the formation of the competent committee, its work system, and determines the financial treatment of its chairman and members within three months from the date of implementation of this law. The competent committee is represented by its chairman before the judiciary and in its relations with others, provided that The competent committee prepares a report on the results of its work every three months, which its chairman presents to the Prime Minister.
The draft law stipulates that the competent committee shall have a technical secretariat, whose powers, work system, appointment of its president, his term, financial treatment and powers shall be determined by a decision from the Prime Minister, and the head of the technical secretariat shall assist in performing the assigned tasks. It has a sufficient number of employees delegated to the relevant committee from the administrative authorities in the country after the approval of the authorities concerned.
The draft law specifies The sources of the committee’s financial resources consist of the appropriations that the state may allocate in the general budget, grants, donations, gifts, subsidies, and loans that it receives or concludes in accordance with the rules and provisions established in this regard, in a manner that does not conflict with its purposes, and after the approval of the ministries and competent authorities in the state.< /span>
The draft law stipulates that financial resources be deposited in a special account within the unified treasury account at the Central Bank of Egypt, and is spent on its purposes in accordance with the rules and procedures issued by a decision of the Prime Minister based on the presentation of the competent committee, and its surplus resources are transferred. The internal affairs of the State are subject to the supervision of the Central Auditing Organization from one fiscal year to another, and all of this is without prejudice to the provisions of the Finance Law. Unified.
The draft law included procedures for an asylum seeker to submit his asylum application to the competent committee, and also set the dates for adjudicating the application, with the granting of asylum applications submitted by persons with disabilities, the elderly, pregnant women, unaccompanied children, or victims of human trafficking. Torture and sexual violence have priority in study and examination. It also allowed the competent committee to request that it take whatever measures and procedures it deems necessary towards the asylum seeker for considerations of protecting national security and public order, until the request is decided. Asylum.
The draft law specifies cases of gaining asylum, and cases of revocation of asylum, and the competent committee issues a decision in that regard, and allows The competent committee may request the competent ministry to deport him outside the country if it issues this decision.
The draft law grants the competent committee in times of war or within the framework of taking legally prescribed measures to combat terrorism, or in the event of the occurrence of serious or exceptional circumstances, the request to take whatever measures and procedures it deems necessary towards refugees for considerations of protecting national security and public order.< /span>
The draft law requires the competent committee to issue a document for a refugee proving his status, provided that the executive regulations of the law specify the data contained in that document, the duration of its validity, and the procedures for issuing and renewing it.< /span>
The refugee is also granted the right to obtain a travel document, issued by the competent ministry after the approval of the competent committee, provided that the executive regulations of the law specify the controls and procedures for its issuance and renewal, as approved by the competent committee, for reasons related to national security or public order. To decide that refugees should not obtain a travel document.
The draft law prohibits the extradition of a refugee to the country of his nationality or his country of habitual residence.
The various refugee rights were organized in line with what was decided by the United Nations Convention relating to the Status of Refugees signed in Geneva on 7/28/1951, and what was required by the Constitution.
The draft law also includes the obligations of the asylum seeker and refugee and cases of termination of asylum pursuant to a decision of the competent committee within fifteen days from the date of the realization of any of the conditions referred to in this article. The competent committee is obligated to request the competent ministry to deport refugees outside the country. The country after a decision is issued to end asylum, except in the case of the refugee returning voluntarily to the country of his nationality, or the country of his usual residence if he does not hold his nationality, or in the case of naturalization with the nationality of the Republic of Egypt. Arabic.
The draft law requires the competent investigation authorities to notify the competent committee if a refugee is accused of committing a felony or misdemeanor, or if a ruling is issued against him for any of these crimes.
The draft law specifies the penalties imposed in the event of violation of some provisions of the law, without prejudice to any more severe penalty stipulated in the Penal Code or any other law.
The committee confirmed in its report that the draft law was consistent with constitutional principles, international agreements, covenants, and covenants. It also came to establish a legal framework to reconcile the situation of refugees in a way that contributes to providing more facilities to those who deserve them, whether in study or work and other matters that guarantee them a decent life, and at the same time paying the state’s dues for the services provided to them, in accordance with the conditions contained in the presented draft law. In accordance with the rules regulating this after the approval of the Council of Ministers.
