On Idle Possibilities and Missed Chances: Refugee Rights in Egypt

Abstract

This article investigates the rights of refugees in Egypt and the numerous barriers that exist that prevent their enjoyment. Specifically, the article examines the implementation of international and regional legal frameworks relating to refugees and asylum-seekers by two key stakeholders in Egypt, namely the host state and the United Nations High Commissioner for Refugees (UNHCR). In addition, the article explores the current and potential future role of international and regional law in the implementation of these rights, while investigating the national legal framework and practice on the ground in relation to four core rights: obtaining refugee status, issuing documentation, attempting to protect family unity or to reunify with family in case of separation, and accessing public healthcare. In doing this, the article investigates, first, whether the host state and/or UNHCR retains a preference for a legal framework found at one scale of analysis over the other, and second, if international law and in particular, regional law and governance frameworks could be better utilised by all key stakeholders to improve the situation for refugees on the ground. Through the collection of empirical data from interviews and focus groups, a clear picture emerges of regional legal frameworks and norms remaining on the periphery or simply being ignored by the two key stakeholders responsible for implementing protection mechanisms. Instead, the analysed core rights are understood through a complex hybrid of international norms and national policy. This appears like a missed opportunity. The article concludes by arguing that, while in practice regional legal provisions currently only have a limited effect, they have the potential to offer improved protection and rights for a wider group of asylum-seekers and refugees.