JURIST - Hotline: Egypt's inhumane repatriation of Eritrean refugees violates international law

Katherine Southwick [Bernstein Fellow, Refugees International]: "Refugees International (RI) is gravely concerned about actions taken by the Government of Egypt to deport as many as 1,200 asylum-seekers to Eritrea. Since last week, the Egyptian Government has reportedly scheduled several flights to Eritrea, taking the refugees back to the country they fled and where they face almost certain persecution or death upon their return. During the past several months, Egypt has held these asylum-seekers in several prisons around the country. Britain-based Christian Solidarity Worldwide reported that they were detained without access to fresh air, sunlight, and that they were subject to beatings and sexual harassment. They have also been denied access to the United Nations High Commission for Refugees (UNHCR).

Such acts not only run against UNHCR’s non-return advisory for Eritrean refugees, they also constitute brazen violations of Egypt’s obligations under international law. In 1981, Egypt ratified the United Nations Convention Relating to the Status of Refugees (Refugee Convention) and the United Nations Protocol Relating to the Status of Refugees. Article 33 of the Refugee Convention prohibits the expulsion or return (refoulement) of a refugee "in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion." While the provision does not apply to a refugee who is reasonably believed to threaten national security or to have committed an extremely serious crime, the principle of non-refoulement is a central tenet of customary refugee law. Moreover, the protections of the Refugee Convention apply to all refugees without discrimination.

Amnesty International reports that Egyptian authorities charged hundreds of Eritrean refugees with illegal entry and sentenced them to a "suspended one-month prison term." Under the Refugee Convention, Egypt cannot impose penalties on refugees illegally present in the country "provided [the refugees] present themselves without delay to the authorities and show good cause for their illegal entry or presence" (Article 31(1)). Egypt cannot restrict the movements of such refugees "other than those which are necessary . . . until their status in the country is regularized or they obtain admission into another country" (Article 31(2)). Egypt must also "allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country" (Article 31(2)).

Having recently met with Eritrean refugees living in Ethiopia and Kenya, RI found that most were escaping forced military conscription or religious persecution. We heard reports of indefinite detention, as well as torture and death for military desertion or political opposition. RI therefore urges the Egyptian Government to cease all returns of Eritrean refugees and affirms Amnesty International’s request that Eritrean asylum-seekers be given immediate access to the UN High Commissioner for Refugeees (UNHCR) in Egypt to assess their asylum claims."