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Conscription Status Settlement: Constitutional Violation and Extortion of Egyptians Abroad

The Ministry of Emigration and Egyptian Expatriate’ Affairs announced the opening of registration under the initiative to settle the military status of Egyptians abroad, starting from May 1st, 2024, for a period of two months. 

This initiative, initially launched last July, allows eligible male abroad to settle their military status at a price of EUR/USD 5000. At the time, Ambassador Sahar Gendi, Minister of State for Emigration and Egyptian Expatriates’ Affairs, stated, “The initiative to settle the military status of Egyptians abroad is an exceptional initiative that lasts for only 30 days, after which the settlement of the military status will be done through the usual framework.”

Despite the minister’s statements, the regime, seeking foreign currency sources by any means, has decided to repeat the procedure by exerting unethical and unconstitutional pressure on those fleeing from the regime’s economic and political policies. It has become prohibited for Egyptians abroad to renew their passports until they settle their military status, which contradicts Article 6 of the Egyptian Constitution, which stipulates: “Nationality is a right to anyone born to an Egyptian father or an Egyptian mother, and legal recognition through official papers proving personal data, is a right guaranteed and regulated by Law.”

As usual, the Egyptian regime disregards legal and constitutional texts, and the basic rights of citizens, showing little concern for the resulting suffering that this decision will inflict on targeted citizens. Most of these citizens were forced by circumstances to face the risks of clandestine entry into Europe in hopes of improving their and their families’ lives. Instead of focusing on supporting their families with their often limited incomes, they find themselves being extorted by the government, demanding payments that may not be commensurate with the income they earn from simple jobs.

Since the decision was issued last July, the Refugees Platform in Egypt (RPE) has met with several Egyptians who clandestinely reached Europe, only to find themselves between bitter options due to the decision. They are torn between the need to return to reunite with their families after years of separation—especially those who migrated as children—and the high cost of settlement fees, which requires them to allocate their limited income for several months, at a time when their families in Egypt are suffering from the economic crisis and desperately need these funds. 

Additionally, the obstacle of return lies in the mandatory military service that will not simply go away. All these individuals are under considerable psychological pressure, especially after the decision was issued. They unanimously agree that this is clear extortion from their country’s authorities.

At the same time, the Egyptian authorities overlook that depriving individuals of access to essential identification documents—which are passports in the case of Egyptians abroad—is a significant reason and justification for applying for asylum and being accepted by competent authorities.

Due to the regime’s policies, Egyptians have now ranked eighteenth among the world’s most miserable nations. Despite this, the regime persists in exploiting citizens at home with levy decisions and has finally found an opportunity to do the same to those who have left their homeland. The policy of “pay to pass” has become a prominent feature of Sisi’s era, especially considering that Egyptians are at the forefront of non-systematic migrant groups who have reached Europe via the Mediterranean Sea route. This route was used by over 143,000 migrants in the first eight months of 2023, according to the European Border and Coast Guard Agency, “Frontex.”

The decision also raises inequities in obligations imposed on citizens. Mandatory conscription, which we have reservations about, applies to all young men aged 18-30, according to Law No. 127 of 1980. However, due to the regime’s eagerness to collect money by any means, it has become possible for those who have the means to rid themselves of a burden stipulated in the constitution by the text of Article 86: “Protecting national security is a duty. The responsibility of all parties to uphold national security is guaranteed by the Law. Defending the nation and protecting its land is an honor and sacred duty. Military service is mandatory according to the Law.” Thus, money has become a means to evade legal and constitutional obligations for those who can afford it.

Equality is a principle stipulated in Article 4 of the Constitution: “Sovereignty belongs only to the people, who shall exercise and protect it. The people are the source of powers, and safeguard their national unity that is based on the principles of equality, justice and equal opportunities among all citizens, as stated in the Constitution.” 

This decision contradicts the equality of citizens with each other, as it discriminates between Egyptians living at home and Egyptians living abroad. It also legalizes the exploitation of Egyptians abroad and their desperate need to obtain travel documents, forcing them to pay amounts up to fifty times the amount an Egyptian at home would pay for the same service. Moreover, it is a form of abusing the law and the constitution to achieve personal gain.

It is worth noting that mandatory conscription in Egypt exposes young men to endless humiliations inflicted by higher ranks and authorities, without being able to push back to any degree. The act of mere objection often leads to even greater humiliation at best, and it could escalate to physical assault, persecution, and in many cases, disciplinary imprisonment within the military unit. At worst, it could lead to a military trial resulting in extended service and restricted freedom. These conditions serve as a motive for many refusing to return to their homeland if they manage to leave before their conscription. Moreover, they directly cause the evasion of conscription within Egypt, despite the consequent lack of identification documents or suitable employment for the evaders.

The Refugees Platform in Egypt (RPE) calls on the Egyptian authorities to:

  1. Revoke the decision regarding the settlement of the conscription status of Egyptians abroad through monetary payments.
  2. Decouple the right to obtain official documents from any other official procedure.
  3. Re-settle the conscription status of Egyptians free of charge, without imposing additional burdens, so they could return to their homeland without fear of arrest due to compulsory service.

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