Position Papers

Harsher Penalties and (Undocumented) Migration: Legal Crossroads and Everyday Problems

Law 82 of 2016 on irregular migration in Egypt and its amendments focus on imposing harsh penalties while ignoring the depth of the real undocumented migration movement (socially, culturally and economically), and criminalizing those who provide services or assistance to victims.

Although Law 82 has been implemented since 2016, with severe penalties, the penalties have not resulted in any way in limiting the migration movement, as undocumented migration has different and rooted causes that must be addressed first before talking about penalties for those involved.

According to reports by local and international human rights organisations, the Egyptian authorities have used repression and human rights violations to tighten control over its land borders and sea coasts. These violations include: (enforced disappearance, arbitrary detention, extrajudicial killing).

In this paper we present:

–   Amendments to the Law

–   Approval and divergence of MPs views on the Law and its amendments

–   Refugees Platform in Egypt comments on amendments to Law 82 of 2016

–   Legislation excludes the right to a fair trial for migrants

–   Recommendations and proposals from RPE for parliament and concerned authorities

 

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