Arbitrary Detentions and Deportation Pressures Necessitate a Formal Agreement between the Egyptian and Syrian Governments to Protect Their Legal Rights
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Damascus – The Syrian Network for Human Rights:
The Syrian Network for Human Rights documented a tangible deterioration in the legal and humanitarian conditions of Syrians residing in the Arab Republic of Egypt during the period between January and April 2026, represented by arbitrary detentions of those registered with the United Nations High Commissioner for Refugees, and an escalation of indirect pressures pushing towards forced departure, which constitutes a clear violation of Egypt’s obligations under the 1951 Refugee Convention, and a number of international human rights treaties that it has ratified.
Documented Incidents
Since the beginning of 2024, the network has observed an escalating tightening of residency renewal procedures, forcing a number of Syrians into irregular status. This is not a matter of choice, but rather a result of administrative complexities that have narrowed the available residency pathways without providing suitable transitional alternatives.
In this context, the network has documented cases of arrest and detention affecting various groups, including individuals registered with UNHCR, those with pending asylum applications, and individuals holding valid residency permits or who have been granted release orders, yet their detention continues. This latter type of detention constitutes clear arbitrary detention according to the standards of Article 9 of the International Covenant on Civil and Political Rights, which Egypt has ratified. Furthermore, in the cases of those registered with UNHCR, it violates the Memorandum of Understanding signed between Egypt and UNHCR in 1954.
The Network has received reports, which are still being verified, indicating that some detainees held for administrative residency violations have been placed in shared detention facilities with criminal detainees, in conditions that may not meet international standards. The network is continuing to verify this information and will issue an update as soon as it is complete.
Furthermore, the combination of administrative complexities, the risks of detention, and entry restrictions has created an environment that compels some Syrians to leave Egypt under duress. This is what international law defines as “structural refoulement,” which falls under the prohibition of the principle of non-refoulement enshrined in Article 33 of the 1951 Convention, Article 3 of the Convention against Torture, and Article 7 of the International Covenant on Civil and Political Rights. Article 93 of the 2014 Egyptian Constitution also obligates the state to these commitments and gives them the force of national law.
All of this coincided with a wave of negative public discourse towards Syrians in Egypt through social media platforms and media coverage, which contributed to reinforcing the feeling of insecurity and increased the fragility of their situation.
Calls and Recommendations
To the Egyptian Government:
- Adopt written and transparent policies to regulate residency, providing fair transition periods for those who have found themselves involuntarily in an irregular situation.
- Immediately cease the detention of residency violators without due process guarantees, and subject any administrative detention to effective judicial oversight.
- Release all detainees, even those with valid documents or who have been granted release.
- Separate those detained for residency violations from criminal detainees, and ensure decent detention conditions.
- Refrain from any action that leads, directly or indirectly, to forced return.
- Strengthen coordination with the UNHCR in accordance with the 1954 Memorandum of Understanding.
To the Syrian Government:
- Activate diplomatic follow-up on the situation of Syrians in Egypt through clear and official channels.
- Provide immediate consular support to any citizen who is detained or at risk of deportation, in accordance with Article 36 of the Vienna Convention on Consular Relations.
- Facilitate the issuance and renewal of identity documents to reduce the causes of legal vulnerability.
- Initiate negotiations with the Egyptian government to conclude a bilateral memorandum of understanding that establishes minimum legal guarantees for Syrian residents, including mechanisms for consular notification and a framework for regularizing residency status.
