Egypt: Refugees face forcible return to Gaza or Syria

UA: 267/14 Index: MDE 12/056/2014 Egypt Date: 27 October 2014

URGENT ACTION

refugees face forcible return to gaza or syria

Five Palestinian refugees from Syria are at imminent risk of being forcibly returned to either Gaza or Syria by the Egyptian authorities. Their travel documents have been confiscated and they have been confined to a terminal in Cairo airport.

A group of five Palestinian refugees from Syria, Mohamed Fareed Yousef, 29, Khalid Jamal Salman, 25, siblings Riham Hassan Mahmoud, 19, and Mohamed Aldurra Mahmoud, 14, as well as their cousin Ahmad Abbas, 26, have been confined to a terminal hall in Cairo International Airport, some of them since 16 October 2014. According to one of the refugees, they have been sleeping on the floor and eating only one meal per day, as they have limited financial resources.

Riham Hassan Mahmoud, Mohamed Aldurra Mahmoud and Ahmad Abbas left Gaza via Rafah, Egypt's eastern border with the Gaza Strip, on 15 October. Mohamed Fareed Youssef left on 18 October, while Khalid Jamal Salman left on 23 October. As they crossed, Egyptian security forces transferred them by bus to Cairo International Airport, along with a group of Palestinians who were travelling to other countries via Cairo. As the group of Palestinians left for their final destinations, the five were confined to the terminal hall as they did not have valid visas or travel plans. Security officials at the airport confiscated their travel documents and told them they would have 48 hours before being returned to either Gaza or Syria. A representative from the Palestinian embassy in Cairo has also visited the group in the terminal, telling them that they will not be remaining in Egypt much longer.

Each of the refugees fled from Syria to Egypt in 2013 to escape the country's ongoing armed conflict. They resided in Egypt for short periods of time before the political turmoil and discrimination they faced forced them to relocate to Gaza. Following the more recent conflict in Gaza from 8 July to 26 August 2014, as well as post-conflict social and economic difficulties in the Gaza Strip, the five returned to Egypt in an attempt to seek refuge there again.

Please write immediately in Arabic, English or your own language:

Urging the Egyptian authorities not to forcibly return Mohamed Fareed Yousef, Khalid Jamal Salman, Riham Hassan Mahmoud, Mohamed Aldurra Mahmoud and Ahmad Abbas to Syria or Gaza;

Urging them to uphold their international obligations, under the 1951 Convention Relating to the Status of Refugees and the 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa, to provide international protection for those fleeing serious human rights violations and the armed conflict in Syria.

PLEASE SEND APPEALS BEFORE 8 DECEMBER 2014 TO:�

Minister of the Interior

Mohamed Ibrahim

Ministry of the Interior

25 El Sheikh Rihan Street

ab al-Louk

Cairo, Arab Republic of Egypt

Fax: +202 279 455 29

Salutation: Dear Minister

Public Prosecutor

Hesham Mohamed Zaki Barakat

Office of the Public Prosecutor

Supreme Court House, 1 "26 July" Road

Cairo, Arab Republic of Egypt

Fax: +202 2 577 4716

+202 2 575 7165

Salutation: Dear Counsellor

And copies to:

Deputy Assistant Minister of Foreign Affairs for Human Rights

Mahy Hassan Abdel Latif

Multilateral and International Security Affairs, Ministry of Foreign Affairs

Corniche al-Nil,

Cairo, Arab Republic of Egypt

Fax: +202 2 574 9713

Email: [email protected]

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Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:

Name Address 1 Address 2 Address 3 Fax Fax number Email Email address Salutation Salutation

Please check with your section office if sending appeals after the above date.

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URGENT ACTION

refugees face forcible return to gaza or syria

ADditional Information

There are over 140,000 refugees from Syria in Egypt according to UNHCR figures, including both Syrian nationals and Palestinian refugees who were living in Syria. Many are living in precarious conditions with limited access to basic services and are now fleeing discrimination and human rights abuses in Egypt. In recent months, many have been subjected to threats in the media and by public figures, as well as arbitrary arrest, unlawful detention and - in some cases - forcible return. On 14 August 2014, 13 Palestinian refugees from Syria were forcibly returned to Syria.

At least 6,000 Palestinian refugees from Syria are living in Egypt. There is a common misconception, propagated by the Egyptian government's refusal to meet its obligations towards Palestinian refugees, that Palestinians are not eligible for refugee protection. The 1951 Convention Relating to the Status of Refugees excludes from protection Palestinians receiving assistance or protection from the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) in its areas of operation, which are Lebanon, Jordan, Syria, the West Bank and Gaza. However, in Egypt, which is not an UNRWA area of operation, Palestinians are eligible for refugee status under the 1951 Convention. They are also eligible for refugee protection under the 1969 OAU Convention. This policy has meant that UNHCR is unable to intervene on behalf of Palestinian refugees, even when they are at risk of being returned or are actually returned to Syria.

The right to seek and enjoy asylum from persecution is a fundamental human right enshrined in the 1948 UN Declaration of Human Rights and protected under the 1951 Convention and the 1969 Organization of African Unity (OAU) Convention. The conflict in Syria and the widespread human rights violations, war crimes and crimes against humanity being perpetrated there mean that all those fleeing Syria are prima facie refugees.

Amnesty International believes that in light of the serious human rights concerns ongoing in Gaza, including a deterioration of the economic and humanitarian situation, those fleeing the area should be considered at risk of serious harm and afforded protection against forcible return.

For further information on the situation of Palestinian refugees from Syria, please also refer to the July 2014 report Lebanon: Denied refuge: Palestinians from Syria seeking safety in Lebanon (http://www.amnesty.org/en/library/info/MDE18/002/2014/en). Also see UA 205/14 (http://www.amnesty.org/en/library/info/MDE12/043/2014/en) and update (http://www.amnesty.org/en/library/info/MDE12/053/2014/en/)

Names: Mohamed Fareed Yousef, Khalid Jamal Salman, Riham Hassan Mahmoud, Mohamed Aldurra Mahmoud and Ahmad Abbas

Gender m/f: both