On March 29, 2022, the Constitutional and Legislative affairs committee at the Egyptian Parliament has approved a draft law that amends some provisions of the Law on combating Illegal Immigration and Smuggling of Migrants promulgated by Law 82 of 2016.
Overview
The new amendment comes within the framework of the country\’s strategy to combat acts that do not comply with the laws of the land in the face of irregular migration. The Egyptian government has reflected its migration policies according to the incentives provided by the European Union. Egypt\’s 2016 Anti-smuggling law was praised by many as a significant and crucial milestone toward reducing irregular migration.
Legal Framework
Committing, attempting or mediating in the smuggling of migrants may be punished by rigorous imprisonment and a fine of no less than two hundred thousand EGP or equivalent value in any other foreign country. The penalty for participating in such acts may be temporary hard labor with a fine of no less than two hundred thousand EGP which may reach up to five hundred thousand EGP. Nonetheless, if the benefit that was acquired was higher than five hundred thousand EGP, the penalty shall not exceed one million EGP.
Enforceability
The Egyptian legislator mentioned cases that shall be penalized by Law 82 of 2016. In order to minimize irregular migration, the public authority will have to enforce the law in the following cases:
- Any individual that will establish, organize or manage an organized criminal group for the purposes of smuggling migrants, or assumed leadership in it, or was one of the members or once joined the group.
- Multiple perpetrators, or crimes committed by a person carrying a weapon.
- In case the crime is transnational.
- The smuggled immigrant is a woman, a child, an incompetent person, or a person with a disability.
- If the offender was assigned to public service or a public servant
- In case the crime threatened the life or health of the smuggled migrants, or represented inhumanity or degrading treatment.
- In case a forged travel or identity document was used in the commission of the crime.
Takeaways
In October 2016, a bill was proposed by the Egyptian Parliament in order to combat illegal migration and human trafficking and punishes smuggling with a penalty of fifty thousand EGP and a maximum of two hundred thousand EGP Art.5/82 of 2016.
Illegal and undocumented migrants can face a lot of harsh consequences due to the absence of protection under the law. Thus, the conditions to which these individuals are subject to will most of the time be against human rights. Further, the state ultimately bears the costs of these illegal migrants that may cause internal conflict or end up conducting activities that are against the law such as smuggling or selling illegal substances like drugs or weapons.
On the other hand, some of these individuals might be seeking illegal migration because of the difficulties associated with taking the legal route. These individuals may be unable to obtain legal residency. Therefore, individuals who might be running away from war or violent conflict in their country may face no choice than illegal migration to save their own life.
Illegal migration is a serious issue that is facing many countries on the global level, and there should be some developments in regard to the immigration policies and laws, both aligned to help the correct individual to obtain legal residency, while prohibiting the entry of any individual who might be a threat to the national security of the state.
Overall, countries must be aware of the thin line between allowing individuals who really need help and between individuals who might cause distraction and conflict in the state. The policies and laws should be strict when it comes to any illegal migration that might harm the country in the short and long run, which is why running a strict screening on individuals who are trying to apply for the migration might be crucial.
Egypt\’s anti-smuggling and human trafficking Law is part of Egypt\’s vision of 2030 to spread awareness about the danger and combat illegal migration.
