Security and Safety Guide booklet for residing foreigners & asylum seekers in Egypt by Mesahat Foundation for Sexual and Gender Diversity

Index: Chapter 1: Social and legal context

•What does it mean to be an individual with diverse sexual orientation and gender identity? •Sources of danger and threats •Legal residence •Legal status of residence in Egypt •Deportation of refugees

Chapter 2: Applying for asylum and UNHCR services

•Services provided by the UNHCR •The rights of refugees with diverse sexual orientations and gender identities •Experiences of queer refugees with UNHCR Egypt regarding the resettlment process •Challenges observed in dealing with the UNHCR •Recommendations

Chapter 3: Foreigners living with HIV

Chapter 4: Cybersecurity and protection tools

Chapter 1: Social and legal context - What does it mean to be an individual with diverse sexual orientation and gender identity? Not only do the individuals with diverse sexual orientations and gender identities in Egypt face security threats from the security authorities, but also from ordinary individuals in society. Such discrimination includes places of work and study, and could even reach airports, crossings and health units. Although the Egyptian law punishes the crimes of blackmail, assault and defamation, those who commit such crimes against individuals with diverse sexual orientations and gender identities often escape punishment. In addition, individuals with diverse sexual orientations and gender identities in Egypt avoid resorting to security authorities for protection from the abovementioned crimes due to the risk of being transformed from complainants into accused. Whereas one of the most prominent laws used to prosecute individuals with diverse sexual orientations and gender identities is law (no. 10/1960) on combating “prostitution and debauchery”. Although such law does not clearly criminalize homosexuality, judges interpret the worddebauchery mentioned in the law as homosexuality between men. Anti-Cybercrime Law Some articles of the law no. (175/2018) on Anti-Cyber and Information Technology Crimes, which was approved by the Egyptian Parliament, are also used. Whereas the law includes some articles that lack clarity of legal definition. Therefore, such articles can be used to prosecute and take legal action against individuals with diverse sexual orientations and gender identities. For instance, Article 25 of the law stipulates: “Any person who violates the principles and values of the Egyptian family and Egyptian society shall be punished with imprisonment for a period of at least 6 months and a fine of no less than 50,000 (fifty thousand EGP) and not more than 100,000 (one hundred thousand EGP).” Such ambiguous language constitutes a risk to individuals with diverse sexual orientations and gender identities who engage in any activity on social networking websites and the internet in Egypt. Announcing your sexual orientation or gender expressions on social networking websites could be interpreted as an infringement upon the values of the Egyptian family and society.

- Sources of danger and threats: Many methods are followed by the authorities to arrest LGBTQ+ individuals, including: The most frequently used methods by authorities to arrest individuals with diverse sexual orientations and gender identities are: 1- Dating applications on smartphones The police create fake accounts and hunt individuals through such applications. They start arranging a date and talking about sex with the said individuals. Then, upon showing up at the time and place of the date, such individual gets arrested and is brought to trial on charges of practicing debauchery and advertising herself/himself on an internet website. 2- Security raids Another method used by the police is to raid some gathering places, such as parties or coffee shops where individuals with diverse sexual orientations and gender identities meet. The police raid such places, arrest individuals randomly, then body-search them for anything that would prove that they are having sex, e.g., “a condom.” The police search their phones for photos, videos or conversations to be taken as evidence against them to bring them to trial. In the event that they do not find anything, such individuals are charged with encouraging/calling for debauchery or inciting it. 3- Arrest from home or hotels The least commonly used method by the police is to arrest someone from home or a hotel room. Such case is often based on a report the police receive from someone working at a hotel stating that a guest appears to be “suspicious”. In the case of an arrest from home, it is most likely based on a report from a neighbor.

Most at-risk groups Queer women: Communities of diverse sexual orientations and gender identities generally face discrimination and hate speech in Egypt. However, the severity and levels of legal discrimination vary based on the scale of power between sexes in society. Whereas the Egyptian society is more conservative, and Egypt is more violent towards one group than the other, e.g., there are no legal articles criminalizing homosexuality between women. Consequently, so far, no case has been recorded of queer women being arrested and tried because of their sexual orientation. Although queer women do not face the same legal discrimination as other groups, they face many forms of social discrimination and threats in the event that their identities are uncovered. Examples of which are underage marriage, conversion therapy, forced marriage and the harassment they might face while using dating applications. As heterosexual men often pursue homosexual women by pretending to be homosexual women. After meeting up, they practice many forms of violence and blackmailing against them. Homosexual men and gender queer individuals: they are the groups most targeted by the police for legal prosecution and other assaults by criminal syndicates that pursue them. Many criminal syndicates use dating applications to trap, blackmail and rob the said individuals. When this happens, the targeted individuals give in to the demands of such syndicates out of fear of exposure to legal prosecution. Moreover, in such cases, people often prefer not to report the aforementioned assaults to the police out of fear that their report will be used as incriminating evidence eventually ending with them being accused of debauchery. It is also noted that police officers often target individuals who do not fit the stereotype of men in the Egyptian society. Examples of which are individuals who have a more feminine appearance according to the societal standards or have gender expressions different from the commonly known gender expressions of males, use cosmetics, and wear women’s outfits. However,individuals with masculine appearances do not face the same risk of random cease and seizure on the streets.

Commercial sex workers: As per the law on combating prostitution, sex workers are the most targeted. A department within the police is specially appointed with pursuing the said workers “the Public Morality Police”. Commercial sex work in all its forms is criminalized according to Egyptian law no. (10/1960) combating prostitution “the term legally used to describe commercial sex” and debauchery. Transgender individuals: In addition to the risk of being arrested for the reasons mentioned above, transgender women in Egypt face a legal dilemma. Whereas the Egyptian state has never passed any laws regulating the process for transgender males and females. Instead, the Egyptian government established a special committee in the Egyptian Medical Syndicate under the name “Sex Change Committee.” However, due to the lack of regulations governing the work of such committee, when it should be held, or how long it should take to decide on cases, it left hundreds waiting for a long time to obtain approval for their files. As such approval is necessary to continue the legal and medical process of changing their identities. Throughout such long period, transgender individuals (particularly transgender women) begin to coexist as women within society which puts them at a great risk of being discriminated against legally and socially. Also, the Egyptian police officers do not differentiate between a transgender woman and a homosexual man. As such, they consider every transgender woman as a homosexual man dressed as a woman to seduce men into debauchery for the sake of money, i.e., the legal description of the charge of debauchery or commercial sex work. Not to mention considering any gathering for transgender women in an apartment as a hideout for practicing prostitution and debauchery.

In other cases, neighbors would attack transgender women in their apartments. On contacting the police, they would get arrested instead of the “intruding” neighbors for the abovementioned reason. As per multiple testimonies, some judges do not care about the legality of arrest procedures and the seriousness of the evidence. The said judges suffice only with using women’s clothing and cosmetics as evidence of the commission of prostitution and debauchery. Without understanding that such evidence is nothing but important tools that transgender women use to coexist as a woman within society, just as they are tools that any woman would use in her daily life. Status of foreigners living with HIV: Testing and counseling services for people living with HIV are available at many places affiliated with the Ministry of Health and civil society associations and organizations without requiring any proof of identity (ID) in some civil society associations. The confidentiality of testing is considered as one of the most important commonly known principles on which the voluntary testing and counseling services are based. The Ministry of Health has always emphasized its efforts within the health services sector to prevent stigma and discrimination against people living with HIV through the National Aids Program (NAP). The Egyptian Ministry of Health also provides medicine to people living with HIV. Such medicine is dispensed free of charge to individuals registered in the databases of Fever hospitals affiliated with the Ministry of Health whether they are Egyptian citizens or foreigners (immigrants or refugees) present in Egypt. The medicine is dispensed after inspecting the evidence of the legal personality of the individual living with HIV.

- Legal status of residence in Egypt (Article 16 of the Law No. 89/1960 on the Entry and Residence of Foreigners) stipulates: “Every foreigner residing in the Arab Republic of Egypt shall obtain a permit to reside in the state and shall leave as soon as such permit expires, unless the state agrees to renew the residency period. Such agreement and the purpose of residence in Egypt shall be specified in the permit.” Therefore, foreigners may not practice a purpose other than that specified within a residency permit. They may not work unless by obtaining a permit from the state to do such, in accordance with (Article 23 of Law No. 89/1960). What is the penalty for residing in Egypt illegally? Such liability was made clear (in Article No. 40) of the law, which stipulates: “Without prejudice to any more severe penalty stipulated in other laws, anyone who makes false statements to the competent authorities or submits incorrect papers to the said authorities with knowledge of such in order to facilitate entry or residence into the Arab Republic of Egypt or entry or residence of another person shall be punished for a period not exceeding two years, a fine of 2,000 pounds, or both.”

Types of residences for foreigners in Egypt Study residence: A foreigner enrolled in a university or school obtains such residency for a period of one year. Children can provide their parents with residency provided that papers proving the student’s enrollment are present. Work residence: A foreigner who works for a company legally with a work permit from the Ministry of Manpower while having an insurance is entitled to a one-year residency permit. Such company is required to have 9 Egyptian employees who have employment insurance, while the foreigner is the tenth worker. Marriage residence: A foreigner shall obtain such residence upon marriage to a holder of the Egyptian nationality. The marriage residence may be extended for a period of (1 year to 3 years or 5 years).

Asylum residence: Such residence is available to holders of the yellow card issued by the UNHCR. The asylum residence has a duration of six months and must be renewed after expiry. Tourism residence: Such residency permit is granted to a foreigner for the sake of staying in Egypt legally. The foreigner, upon entering the state, shall apply for it at the Passports Department. The permit has a duration of three months or six months decided by (the security authorities in the Passports Department) and may be renewed. However, the foreigner cannot leave the state and return by the same permit unless by applying for a multiple entry and exit residency permit (Multiple Entry). The aforementioned residence permit is requested after obtaining the tourism residence to permit the foreigner to enter and leave Egypt several times over a period up to 5 years. Such residence allows its holder to reside for a maximum period of 90 consecutive days in each visit. Important note Not all residency permits allow entry to Egypt after leaving. Only annual residency permits have such feature, which means that holders of tourism or asylum residences shall not enter Egypt again after leaving. A foreigner may not hire an attorney in order to obtain a residency permit. However, foreigners may hire an attorney in all other cases. Moreover, The Egyptian Cabinet issued (Resolution No. 3326/2023) on Thursday, August 31, 2023, to grant foreigners residing illegally a period of 3 months to reconcile and legalize the situation. The said resolution stipulates: “non-Egyptians applying to the General Administration of Passports, Immigration and Nationality, to obtain the right of residence for tourism or non-tourism, shall submit a receipt indicating that the equivalent of the residence fees, late fines or costs of issuing a residence card for an amount of “one thousand USD or the equivalent in convertible currencies” has been exchanged into EGP from an approved bank or foreign exchange bureau.”

In addition, the resolution also required non-Egyptians residing in Egypt illegally, in order to rectify their situation and legalize their residence, to have a host of Egyptian nationality, within three months from the effective date of implementation of the resolution, in exchange for payment of administrative expenses equivalent to “one thousand USD” deposited in the account designated for such purpose in accordance with the rules, procedures and regulations specified by the Ministry of Interior. It is worth noting that such resolution excludes the Sudanese and Syrian diaspora and refugees registered with the UNHCR. - Deportation of refugees Although Egypt has signed (the 1951 Refugee Convention and its 1967 Protocol). Such prohibits the expulsion or forced repatriation of refugees in accordance with (Article 33 thereof), which stipulates: “No State Party may expel or repatriate a refugee in any way to the borders of the territories in which the life or freedom of such refugee is threatened because of the refugee’s race, religion, nationality, belonging to a particular social group or political views.” The principle of non-refoulement under the international law guarantees that no person will be repatriated to a country where exposure to the risk of persecution, torture, cruel treatment, cruel penalty, inhuman or degrading punishment or other forms of irreparable harm is a probability. - However, more than one case of people being deported has occurred for the reason of accusation or arrest based on their “sexual orientation”.

Chapter 2: Applying for asylum and the UNHCR services - Services provided by the UNHCR for Refugees The UNHCR in Egypt serves the newcomers to Egypt by registering them as refugees, determining their status and providing protection, including subsistence services for the individuals in need. Such services include: - Healthcare, education and child protection. - Resettlement services for some eligible cases. The UNHCR also supports voluntary returns for those who meet its conditions, which is the voluntary return of the asylum seeker to the country of origin upon request. It works with the hosting communities to enhance the absorption capacity in refugee hosting and understand the concept of asylum, in partnership with the Egyptian government, the Ministry of Foreign Affairs * and other ministries such as the Ministry of Education, Ministry of Health and Population and other ministries and national councils including the National Council for Childhood and Motherhood * and the National Council for Women...etc. Also, the work of the UNHCR includes land border crossings in coordination efforts with other United Nations organizations and ICRC Egypt to coordinate the response on the ground, as in the case of the war in Sudan. The UNHCR provides services including: distributing food, water, blankets and personal care supplies, in addition to some urgent medical services. Registration of individuals seeking to apply for asylum is carried out in the UNHCR. The services provided by the UNHCR are divided into urgent and non-urgent services based on an individual assessment of each case. In addition, the UNHCR provides, through its partner organizations, the essential medicines and subsistence supplies for chronic conditions and individuals with disabilities, based on the status, nationality and profile of the individuals.

The Egyptian government provides its services to refugees on an equal basis with Egyptian citizens in all government facilities, including schools - the governmental schools may not allow some nationalities to enroll - and governmental hospitals. The UNHCR provides assistance to individuals most in need, in addition to protection services, such as marriage or divorce cases, education and registration of children, and psychosocial services for people who have been exposed to traumas. In the case of the most vulnerable groups, the UNHCR provides urgent services that are tailored to condition, age, gender and need. However, the UNHCR cannot meet all needs due to lack of funding, especially with the increase in the number of refugees in light of the escalation of the situation of war in Sudan. The follow-up is performed by the UNHCR after registration and is only done for the most vulnerable individuals in-need (Examples of which are: children, ethnic and religious minorities and individuals with diverse sexual orientations and gender identities). Refugee files are nominated for resettlement only in specific cases, and the final decision goes to the resettlement countries. Nomination for resettlement occurs in cases of temporary weaknesses in the host communities and the inability of individuals to return to their countries of origin or settle in Egypt. - Resettlement is defined as resettling asylum seekers to another country that is safer than the current refuge if it is unsafe for the asylum seeker’s case.

What are the UNHCR services in Egypt? Registration and identification of refugees: The UNHCR in Egypt registers individuals fleeing conflicts and persecution/ identifies them as refugees and gives them documents that prove their status. Such documents are regarded as an alternative in the event that personal identity documents are not present. New refugees usually begin the registration process by filling out registration application forms - sometimes such forms are not available and are done without. - Afterwards, personal interviews are conducted with the UNHCR employees to examine their conditions and verify their information. The applicant’s status is updated as a temporary asylum seeker until the asylum application is inspected through a status determination interview. Based on the data and evidence provided during such interviews, individuals’ status as refugees is determined then official documents proving their status are provided to them. Such documents grant them legal rights and international protection in accordance with the local laws in Egypt. Providing shelter: The UNHCR partners exert their efforts to provide shelter to refugees who do not have access to safe homes which includes providing temporary housing or rental support by partner organizations such as “PSTIC” and “StARS”. This aims to provide protection and temporary appropriate living conditions for individuals until a permanent solution is present.

Education: The UNHCR seeks to ensure refugee children’s access to education. Various measures are taken to ensure such access including supporting refugee-specific schools or including the refugees in local schools. In addition, the necessary textbooks and educational materials are provided. Teachers receive the necessary training to ensure presenting quality education to refugee children. Moreover, university scholarships are awarded to outstanding and exceptional students through “DAFI” programme. Other vocational training, project management training, and labor market preparation are provided through the UNHCR partner organizations such as “PSTIC”, “StARS” and “All Saints Cathedral”. Healthcare: The UNHCR provides healthcare and medical services to refugee people through clinics affiliated with partner organizations such as “Caritas”, “All Saints Cathedral”, not to mention some hospitals to which the individuals are referred. In addition, The UNHCR funds private clinics related to its partner organizations and works with local health facilities to provide healthcare, essential medications and treatments to the refugees in order to ensure providing appropriate healthcare to “individuals with special needs and chronic diseases”. Examples of which are “Caritas” and “All Saints Cathedral” clinics. Protection: The UNHCR is keen on protecting the most vulnerable groups from violence and exploitation. Examples of which are: women, children and sexual, religious and ethnic minorities. The UNHCR does this by providing support, legal advice, and assistance in mitigating risks. In addition, the UNHCR educates refugees about their rights and provides support to report any cases of violence or violations to organizations such as “Doctors Without Borders” and “EFRR - the Egyptian Foundation for Refugee Rights”.

Financial support: The UNHCR provides financial support to individual refugees to afford their basic needs, i.e., food and shelter. Such process is performed through a needs assessment performed by a UNHCR partner organization then providing financial support on a temporary basis limited to a specific period. Moreover, the UNHCR provides counseling to individuals in order to help them search for other sources of support such as work. In critical situations, partner organizations, such as “StARS” and “IOM”, can provide pre-registration support to individuals. Other organizations provide special support for urgent needs, examples of which are the support provided from “PSTIC” and the “World Food Programme (WFP)” to help the families most in need. Financial aids are also provided as needed to refugee families to help them afford their basic needs such as food, clothing or rent. Cash aids, amounting to at least 600 EGP per month per individual, is disbursed to the most in-need refugees, in addition to winter aids provided through post offices. However, such aids are no longer available at the present time. Awareness and education: The UNHCR exert its efforts to spread awareness about the rights of refugees and enhance public understanding of issues related to migration and asylum. This is done either through its digital platforms or by holding physical meetings and events, whether cultural or artistic, aiming at raising awareness in host communities. Also, the UNHCR organizes awareness campaigns and workshops to raise awareness of refugees’ and migrant’s issues. The UNHCR is committed to providing support and protection to all individuals regardless of their sex, gender identity or sexual orientation. Moreover, all services available to refugees are also available to sexual minorities among them.

The rights of refugees with diverse sexual orientations and gender identities Due to the persecution caused by discrimination against such refugees in their home countries, the UNHCR recognizes the rights of refugees, regardless of their sexual orientations. This includes their right to “seek asylum and protection from persecution based on sexual orientation.” However, this is not always known to newcomers, resulting in them not disclosing such orientations during their interviews with the UNHCR. In some cases, disclosure of sexual identity and orientation could be extremely important and beneficial for people’s lives, in order to treat them appropriately. Late disclosure of such might lead to suspecting individuals and the truth of their claims. Safe shelter: Through some of its partners, the UNHCR seeks to provide safe shelter for the most in-need refugees with diverse sexual orientations and gender identities. Shelter options are provided while taking into account the needs of individuals and their protection. However, the places provided are in low-income areaswhich may often expose individuals to risks related to the social context. Healthcare: The UNHCR provides healthcare services to all refugees. This includes tests and treatments related to sexual and mental health through its partner organizations. However, such is limited due to discrimination and fear of stigma, not to mention that it’s mostly not specialized for individuals with diverse sexual orientations and gender identities, e.g., transgender people. Awareness and education: The UNHCR organizes awareness campaigns on rights and issues related to sexual orientation to raise awareness and promote understanding. However, such campaigns do not happen in Egypt due to the legal context. Whereas courses and trainings are provided by the UNHCR and its partners to workers. However, clearly, “such are insufficient and unspecialized,” as trainings are often conducted by heterosexual individuals.

Protection: The UNHCR is keen on protecting refugees from violence and exploitation based on sexual orientation and providing the necessary support and guidance. However, “accessing the protection line is extremely difficult, the bureaucracy in the UNHCR’s dealings makes it almost impossible to reach in times of need, not to mention that urgent response is almost non-existent.” Psychosocial support: Psychosocial support is provided to refugees with diverse sexual orientations and gender identities to help them cope with the challenges and psychological pressures related to their sexual orientations and identities. However, a number of violations have been observed by social workers in UNHCR’s partner organizations arising from homophobia and lack of awareness of the rights the communities of diverse sexual orientations and gender identities are entitled to. In Egypt, some nationalities may face difficulty in successfully applying for asylum. This depends on local and international policies and regulations, which change from time to time. In general, asylum applications may be rejected from individuals coming from countries where there is no conflict or widespread persecution or if they didn’t face direct threats to lives or rights of such individuals. In the said countries, an individual’s status might be difficult to believe if such individual is from a country classified by the UN as safe. Moreover, individuals might be treated inhumanely and without consideration for their cases. However, each asylum application should be submitted and processed separately based on its case and verification of the personal reasons and circumstances of the individual seeking asylum. Yet, this rarely happens due to the huge number of refugees, the inaccessibility or difficulty of filing complaints.

Moreover, holders of nationalities of some countries may face challenges in seeking asylum in Egypt due to Egypt’s agreements with such countries. Examples of which are: 1- Libya: Submitting a successful asylum application in Egypt could be difficult for Libyan refugees. This arises from agreements concluded between Egypt and Libya not to receive and register Libyan refugees in Egypt. 2- Palestine: Egypt used to accept asylum requests from Palestinians based on humanitarian grounds. However, dealing with the Palestinians’ cases has now become difficult. Consequently, they have been transferred to UNRWA. “Except in special cases, e.g., communities of diverse sexual orientations and gender identities. A refugee is registered if he discloses such.”

- Queer refugees experiences with the UNHCR in Egypt regarding the resettlement process The experiences of queer refugees with the UNHCR in Egypt vary greatly. Such experiences depend on the individual situation of each refugee. Following are some aspects that can affect the experience of queer refugees in Egypt: - Registration and application procedures: The first step, to submit an asylum application and register with the UNHCR, could be challenging due to the inaccessibility to the UNHCR. Requesting a registration appointment is delayed as a result of the increasing number of refugees and asylum seekers in Egypt. A need for the assistance of an international, regional or local organization might be present, in order to provide special recommendations for the cases. This way, such cases could be dealt with and registered more quickly. Experiences of refugees at this point is related to their accessibility to the UNHCR, while the UNHCR’s response to the cases is not always guaranteed. Some refugees, who do not conform to the stereotypical standards in the Egyptian society, face difficulties in registration due to the delays in the registration process with UNHCR. Such delays result from the great momentum of requests and bureaucratic procedures, not to mention the difficulty they face in leaving their houses and waiting in front of the UNHCR with other refugees from their local communities as such exposes them to danger. - Shelter and social care: The refugees’ experience in temporary accommodations and the social and economic support they receive from partner organizations of the UNHCR includes “undefined” and unstable standards. Whereas, this depends on the individual who interviewed them, their ability to communicate all the details, as well as their assessment to the case which makes many refugees face difficulty in finding a safe and suitable shelter.

- Healthcare and medical services: The way of accessing healthcare and medical services affects the refugees’ experience, especially if they have specific health needs, e.g., sexual and gender diversities. Their needs might be met with societal stigma or fear of expressing this form of need. In addition, partner organizations have limited capabilities, and the standards vary from one organization to another according to its strategic vision. “A number of refugees declared their negative experiences with the UNHCR and its partners, which were related to facing discrimination and stigma. In some cases, violence was faced against the refugees inside the healthcare facilities of the UNHCR and almost no response was found.” - Protection: Although the UNHCR is committed to protecting refugees from violence and exploitation, its response to cases of violence and discrimination is limited due to the legal context in Egypt and the lack of sufficient funding. Which makes the Protection Department ask the refugees to hold accountability in dealing with critical personal issues or issues that may cause them to risk detention and deportation and to abide by the Egyptian laws. - Education: Refugee children are provided with educational opportunities and access to schools. However, services are not included for individuals with diverse sexual orientations and gender identities and children experiencing gender dysphoria. Mostly, the support is limited to the period of basic education and there are no standards according to which treatment and assistance is based for refugees who have sexually transitioned or wish to be identified with a different gender than the gender assigned to them at birth - as all refugees’ papers are registered according to their original identification papers issued from their home countries.

- Legal support: The legal support that refugees receive in Egypt to solve specific legal problems has an extremely negative impact on their experience. Whereas, individuals with diverse sexual orientations and gender identities face racism and discrimination in Egypt, especially the black people. The vague laws in Egypt play a fundamental role in the inability of the UNHCR to support the refugees who are detained or imprisoned. - Economic support: Finding job opportunities or financial support is difficult for refugees, which affects their standard of living and increases the rate of homelessness and informal employment, which exposes them to exploitation and violence by employers and probably legal accountability. - Social support: Societal challenges and hatred may cause violations of the rights of refugees with diverse sexual orientations and gender identities in Egypt without adequate legal protection, in addition to a limited scope of the services of the UNHCR, and difficulties in reporting such incidents. Despite the foregoing, the refugees’ inaccessibility to the UNHCR makes them unable to access all of the services provided by the UNHCR due to factors including: geographic location, language or complicated and unclear legal procedures. This causes the applicants to be unable to know the details of their profiles, the type of services that may be available to them, and how their case is being processed. Although Egypt is considered a destination for refugees from different nationalities and backgrounds; however, Refugees from communities of diverse sexual orientations and gender identities in Egypt face special challenges as a result of legal restrictions, social issues, the UNHCR’s low response to cases and its limited capacity.

The topic of the refugees’ rights and the challenges they face is such a sensitive topic. As the UNHCR staff’s mistreatment of refugees, including refugees from communities of diverse sexual orientations and gender identities, is one of the issues that refugees must know about in advance and know ways to deal with such within the scope of understanding of their rights. The employees of the UNHCR must deal with refugees with both dignity and respect. They should provide the necessary support and protection services in accordance with humanitarian standards and international laws. Moreover, they should not receive financial compensation from the refugees - or demand sexual or physical benefits - or exploit or treat them inhumanely.

Mistreatment may include: 1. Discrimination: If refugees are treated unfairly or discriminated against based on nationalities or sexual orientations, such mistreatment must be reported immediately without any concerns. 2. Response rejection: Failure to provide the required support to refugees in cases of necessity, as the individual standards for what may be regarded as a hazard or threat could differ from the standards of the case itself. Support and communication must continue to be requested until the service is implemented and the need is met. 3. Double standards: The double application of standards, whereby certain groups of refugees, especially the black refugees or refugees who look incompatible with the stereotypical standards in society, are treated differently. The negative consequences of mistreatment are: 1. The negative psychological impact on refugees, exposing them to depression, post-traumatic stress disorder, substance abuse, loss of hope, attempting suicide, social isolation, engaging in illegal activities and concealing their identity. 2. Undermining the rights of refugees and not protecting them. 3. Increasing tension and resentment between the refugees and local communities. 4. Undermining the reputation of the UNHCR and decreasing the level of confidence in it.

Since the UNHCR provides legal protection to all refugees in accordance with international laws and treaties, the forms of legal protection provided by the UNHCR in general, which should also apply to refugees with diverse sexual orientations and gender identities are: 1. Right of asylum 2. Protection from deportation 3. Legal guidance 4. Support in legal procedures 5. Monitoring and reporting 6. Awareness and education 7. Cooperation with governments Communities of diverse sexual orientations and gender identities should benefit from such legal protection in the same way as other refugees, especially if the local laws restrict or ban the rights of such communities. This challenge is faced by the UNHCR in Egypt besides other challenges. As a result, the UNHCR does not provide adequate legal protection for individuals with diverse sexual orientations and gender identities not to mention diverse religious and ethnic identities. Among such challenges are: - Legal restrictions. - Discrimination. - Lack of legal protection. Therefore, we find that among the experiences of refugees with diverse sexual orientations and gender identities in Egypt in dealing with the UNHCR and its services, which depend on the difficulties of personal and legal circumstances, they face challenges including: Legal challenges: Individuals with diverse sexual orientations and gender identities in Egypt face legal challenges due to the lack of adequate legal protection and the local laws are restrictive. Delays in processing requests: Individuals seeking asylum face delays in processing their applications by the UNHCR due to the large momentum of applications and the lack of human and material resources.

Discrimination and social challenges: individuals with diverse sexual orientations and gender identities experience discrimination and violence based on sexual orientation and gender expression. Difficulties in accessing services: Such as difficulties in accessing healthcare and education.

The resettlement process The UNHCR is keen on providing resettlement programmes, the so-called durable solutions and complementary pathways for refugees who suffer serious threats in the countries in which they live, including refugees with diverse sexual orientations and gender identities, making them eligible for the resettlement process. 1- Evaluation of the case: assessing the status of refugees to determine whether they are eligible for resettlement, which is done through an assessment of risk and need. 2- Selection: refugees who qualify for resettlement are selected based on priorities and need. Priority is often given to refugees who face serious lifethreatening risks. 3- Conformity with host countries: the UNHCR is looking for host countries that are ready to receive refugees and provide them with the right of residence and protection on a case-by-case basis. 4- Legal remedies: coordination is performed between the UNHCR and the host countries to take the necessary legal procedures for refugees to enter those countries. The resettlement services by the UNHCR are performed through: 1- Travel arrangement: the UNHCR organizes and finances traveling for refugees interested in resettlement and provides them with logistical support. 2- Reception and settlement: when the refugees arrive in the hosting country, their reception and settlement in the areas designated for settlement are arranged. 3- Integration support: host countries and civil society organizations provide support to refugees to integrate into society, by providing social services, education and vocational training. Services also include psychosocial support to help refugees adapt to their new lives.

The safest most appropriate time to disclose my sexual identity to the UNHCR: - You do not have to disclose your sexual orientation to the UNHCR staff at the registration interview except in some cases. - The UNHCR is committed to the principle of confidentiality and respecting the privacy of refugees. If you need support or protection due to threats related to your sexual orientation, you can speak openly with the UNHCR staff and request support and protection without worrying about your personal information being disclosed. Whereas the UNHCR is keen on providing support to all refugees, regardless of their sexual orientation or any other aspects of their identity. - If you believe that your sexual orientation makes you exposed to harassment or threats, reporting this may help the UNHCR to provide the necessary protection for you as a priority. - If you are “Palestinian or Libyan,” you must declare your sexual orientation or gender identity if you are transgender, in order to be allowed to register. If you are “Sudanese, South Sudanese, Somali, Iraqi/Eritrean or Yemeni/Syrian,” you can send an email to the Protection Department at the UNHCR or “StARS” after registering if you did not inform them of that from the beginning. However, it isalways preferred to tell them at registration that you are from the communities of diverse sexual orientations and gender identities in order to avoid any suspicions that may arise and grant you access to the services available to you as soon as possible. - For holders of any nationality that is not common for seeking asylum in Egypt, it is preferred to disclose your identity as soon as possible. This may even be at the UNHCR window in order to make a registration appointment. Examples of nationalities that are not common in Egypt are: Libya, Jordan and Saudi Arabia.

The UNHCR takes into account the threats and risks that individuals face based on sexual orientation and provides additional protection if they are at risk because of such. It aims to provide protection to individuals who face serious threats and are at risk of persecution because of their sexual orientation or identity at the final stop of resettlement. If your sexual orientation makes you at risk in your current country of residence, If your sexual youorientation should speak makes to theyou UNHCR at risk staff in your in Egypt current andcountry inform them of of the details so residence, youthat should appropriate speak tosupport the UNHCR and protection staff in Egypt couldand be inform provided. them of the details so that appropriate support and protection could be provided. Resettlement to Resettlement to another anothercountry countrymay maybe beaalegal legalalternative alternativeif if it it is is verified verified that therethere that is a risk is atorisk your to life your in life yourincurrent your current country country of of residence. residence.

-Challenges Challengesobserved observedduring duringrefugees’ refugees’dealing dealingwith withthe the UNHCR Despite the efforts of the UNHCR to provide services to refugees with diverse sexual orientations diverse sexual orientations and gender and identities, gender identities, some some shortcomings and shortcomings gaps are foundand in such gapsservices. are found in such services. Such gaps include: Such gaps include: 1. Lack of guidance and awareness: lack of guidance and awareness about issues of communities of diverse sexual orientations and gender identities is genderbetween found identitiesthe is found UNHCRbetween and hostthe communities, UNHCR and which host communities, makes individuals which makes feel isolated individuals and unsupported. feel isolated Also, and unsupported. the UNHCR’sAlso, support the for sexual UNHCR’s support minorities is oftenfor notsexual publicly minorities stated, leaving is oftenthe notnewcomers publicly stated, unaware if it is safe leaving to speak the newcomers up about their unaware sexual if orientations it is safe to speak and gender up about identities. their sexual orientations and gender identities. 2. Discrimination within shelter centers for the cases most in-need: issues 2. Discrimination with discriminationwithin are found shelter within centers shelter forfacilities. the casesAsmost individuals in-need: with issues with discrimination diverse sexual orientations are found and within gender shelter identities facilities. couldAsbe exposed to individuals withand discrimination diverse physical sexual andorientations sexual violence and from gender other identities refugees could in be exposed to discrimination countries containing shelter and physical centres. and sexual violence from other refugees in countries containing shelter centres. 3. Lack of cultural training: a lack of staff training is observed on issues of 3. Lack of cultural communities of diverse training: sexual a lack orientations of staff training and gender is observed identities, on issues leadingofto communities insufficient understanding of diverse sexual of individuals’ orientations needs. and gender identities, leading to insufficient understanding of individuals&#39; needs. 4. Special cases: in cases of doubt about the credibility of the case or 4. Special and individual cases: theinpresence cases ofof doubt points about thatthe thecredibility UNHCR may of the consider case orto be individual and suspicious in their the presence history orof personal points that profile, the dealing UNHCRwith maysuch consider individuals to be suspicious may be in stopped thaeir history and sometimes or personal their profile, asylum dealing may be with denied. such individuals may be stopped and sometimes their asylum may be denied. 5. Impact of family history and individuals’ past: in some complicated family cases, individuals or relatives might be suspected of belonging to 5. Impactgroups, of family history individuals’ past: in somewithout complicated famterrorist such casesand are neglected and suspended further ily cases, and individuals or relatives might be suspected of belonging to terrorist research investigation. groups, such cases are neglected and suspened without furtherresearch and investigation.

6. Refugees’ complaints system lacks professionalism: in cases where refugees are reported for a suspected crime, either the criminal record of the individuals is not investigated or proof of the allegations is not searched for. Such cases are considered complicated - even if they involve the most vulnerable individuals in need - and are not followed up with or even notified. Consequently, this puts the lives of “defamation victims” at a greater risk. 7. Individuals whose asylum is not legally accepted: although all people fleeing persecution have the right to apply for and obtain asylum, the nationalities of some individuals render them unable to obtain services available to other refugees. The asylum process is made difficult, delayed and sometimes suspended. Likewise, the violations of the UNHCR and its partner organizations in Egypt towards refugees with diverse sexual orientations and gender identities constitute a serious challenge. Reports and testimonies of refugees from communities of diverse sexual orientations and gender identities indicate cases of discrimination or bias in treatment. In addition, individuals might be treated differently based on their nationality or sex, resulting in them not receiving the necessary support and services in the same way as others. Moreover, refugees with diverse sexual orientations and gender identities face difficulty in accessing basic services, e.g., education and healthcare, due to factors related to language, culture, identity documents or societal violence. Fear may be an obstacle that hinders them from applying for and benefiting from such services.

Recurring challenges from the experiences faced by asylum seekers with diverse sexual orientations and gender identities inside Egypt 1. Many refugees with diverse sexual orientations and gender identities stated that they do not feel safe and/or have jobs that help them achieve financial stability and/or are unable to complete their studies while there is no appropriate financial support for them. 2. Many individual refugees in Egypt complained about being repeatedly subjected to verbal and sexual harassment and facing criticism related to their gender identity and sexual orientation. 3. Refugees with diverse sexual orientations and gender identities suffer from the lack of response and delay in processing their cases, especially for people of certain nationalities who can stay in Egypt for more than two years until their profiles are processed by the UNHCR, which exposes their lives to serious danger in Egypt. 4. Documented testimonies of refugees state the lack of an adequate emergency response from the UNHCR and partner NGOs. 5. Refugees with diverse sexual orientations and gender identities face difficulties in society, while the UNHCR lacks appropriate support for them. 6. Asylum seekers from communities of diverse sexual orientations and gender identities face racism and violence from the Egyptian government and society. It has been documented that many refugees are detained on charges of prostitution and debauchery. 7. Many refugees with diverse sexual orientations and gender identities in Egypt, who live in unsafe neighborhoods, complained about the lack of safe shelter. Consequently, this rendered them homeless or forced to live in lowquality areas and face its consequences or get employed in illegal jobs. Such circumstances put them in unstable living conditions.

8. The most vulnerable cases of refugees or asylum seekers from communities of diverse sexual orientations and gender identities who face murder threats or imprisonment are not dealt with accordingly by the UNHCR and may be at risk of imprisonment, deportation, serious bodily harm or murder. 9. Some cases stated that they live with an expired UNHCR card, which is mostly their only legal paper. This exposes such cases to legal consequences and/or obstacles.

we advise people from communities of diverse sexual orientations and gender identities who wish to deal with the UNHCR in Egypt to be aware of the following basic information: 1. Rights and obligations: You should know your rights and obligations related to the right of asylum, legal procedures and the laws of the host countries. An essential part of rights and duties is to give accurate, correct, and truthful information regarding your status. In return, treatment with respect and professionalism is due while your status should be taken seriously. 2. Confidentiality: The UNHCR must adhere to the principle of confidentiality and the information provided to it shall remain confidential. 3. Legal procedures: You should know how to apply for asylum and the legal procedures. As a part of your rights is to know and understand the procedures, understand how to register, determine your status with the UNHCR and know how to communicate with the Protection Department and “St. Andrews (StARS)” to receive advice and workshops to be prepared for the status determination interview. 4. Legal support: You have the right to obtain legal support from the UNHCR or partner organizations in cases of need for governmental procedures. 5. Access to services: You should know how to access social and healthcare services, education and vocational training. You can follow and read the latest UNHCR brochures on its websites. You can also ask members of the local supporting communities about the services available to you. They are often aware of how the services are like and how to access them. 6. Communication: You should know how to communicate with the UNHCR staff and request support when needed.

7. Confidentiality protection: You should be careful about sharing information about your identity with others. 8. Partner organizations: You should know which NGOs provide support and services. To verify whether an employee is violating the rights of refugees, individuals can: - Search for local and international NGOs and human rights organizations concerned with sexual minorities, as well as allies, to obtain support and advice. - Communicate with the UNHCR in Egypt via the designated emails. hqig00@unhcr.org arecafrd@unhcr.org And/or submit an official complaint to the parent organization in Geneva via email inspector@unhcr.org Or fill out the following questionnaire. In order for your complaint to be effective, there are basic points that are best to be saved and shared in the complaint. (such as the full name of the complainant - the complainant profile number - the employee’s name “You always have the right to knoallname and title of the employee who communicates with you” - the date of the incident - its location - the internal registrar’s number “You are usually given a number when you enter that contains what is called an AP” - and the room number in case an internal interview is held - and in which UNHCR office - after which you list the details of the incident and what you think may have been a violation of you or your rights). Please note that it is not necessary for all of these points to be available or to be able to obtain them.

- Recommendations Short-term recommendations: - Providing financial support to refugee students with diverse sexual orientations and gender identities to meet their basic needs. Providing education and training opportunities to increase job opportunities. Spreading awareness of the issues of harassment and discrimination. Providing psychosocial support to survivors. Focusing on changing social attitudes and enhancing the internal protection system. - Accelerating profile processing to improve the efficiency of processing refugees’ profiles. Reducing delays in making decisions about their cases. Developing rapid mechanisms to deal with emergency cases. Providing adequate support to individuals in times of crisis. Long-term recommendations: - Providing sustainable social support programs for refugees with diverse sexual orientations and gender identities to help them adapt to society and focus on sustaining their stability. Expanding efforts to monitor human rights and document potential violations to assist in effective accountability. - Providing safe housing to protect the most vulnerable cases. Providing the necessary support and care to individuals whose lives are threatened. Attempting to facilitate the process of renewing refugees’ documents periodically and safely. Providing the necessary legal support to maintain their legal status.

Chapter 3: People living with HIV Refugees may face a great deal of exclusion and pressure in Egypt when seeking healthcare, work or accessing other services. It’s even worse for refugees living with HIV, given their exposure to social stigma and exclusion from some spaces. Whereas a person living with HIV might be doubly judged and stigmatized based on how they were infected. Societies view HIV as a divine punishment for any wrongdoing a person may do. “According to UNICEF”, stigma is defined as (social stigma in the context of healthcare, is the negative association between a person or a group of people who share certain characteristics with a disease. This may mean, in the event of an outbreak of a disease, that the person(s) is stereotyped, discriminated against, treated separately, and/or suffering a loss of social status due to a perceived link to the disease). Most cases of infection with HIV are mandatory to be reported if they are detected at the time of testing for blood donors, foreigners applying for residency permit for more than six months and citizens applying to work abroad. Voluntary testing is also available. People, applying to work in Egypt, who test positive and are not registered are reported to the Egyptian Ministry of Health and Population and those infected with HIV are deported within 48 hours in order to try to contain the infection and reduce the extent of transmission of the virus in Egypt, according to to internal regulations. Dr. Amr Kandil, Head of the Preventive Medicine Sector at the Ministry of Health and Population, has formerly confirmed by stating: “Any foreign citizen in Egypt, if proven to be infected with AIDS, will immediately be deported from the country.”

Kandil added: “Any foreigner citizen, who applies to reside, work and study in Egypt, will be forced by this decision to submit the required medical documents proving that he is not infected with such disease.” However, with regard to refugees and asylum seekers, access to HIV/AIDS treatment is permitted on a national scale for refugees through NGOs, such as “Refuge Egypt” and “Caritas”, which provide HIV tests and dispense medications. Such is performed after discussions with the UNHCR in Egypt, the Ministry of Health and Population and the National Aids Program, so that any refugee or person registered under the UNHCR protection shall be exempted from this upon registration. In the Egyptian context, refugees are theoretically integrated into the national medical system, however, with limited access to healthcare rights. As Egypt still has not implemented the comprehensive health insurance system in all parts of the Republic yet. However, the regulations of the Egyptian Ministry of Health allow individuals who legally reside on its territory to obtain equal access to primary healthcare and emergency care services for both refugee and citizen individuals, but all refugees have to be registered with the UNHCR as a basic condition for obtaining such services. Individuals who are present on the Egyptian territory illegally will not be able to obtain such medical services unless their legal status is adjusted and they are registered with the UNHCR. Moreover, Egypt provides emergency healthcare and general primary treatment in all hospitals and medical centers of the Egyptian Ministry of Health and Population for both citizens and refugees.

In order to legally benefit from such rights: You need your UNHCR documents with a valid residency permit and you can also have an open social and medical file in “Caritas”. This is after registering with the UNHCR in Egypt and after obtaining your “asylum seeker” card or (yellow card), which makes you eligible for medical treatment. Such card is usually issued within three to five months of submission. You should go to “Caritas” or “Refuge Egypt”, the latter will give you “a referral letter to the Abbasia Fever Hospital to dispense the prescribed medication for HIV free of charge every month,” while making sure to renew your residence card/ID card when it expires. In addition, “Refuge Egypt” also provides psychological support and other aids such as vitamins and clinical follow-up with specialized doctors for refugees. If a refugee needs medical care that requires hospitalization due to complications of HIV, they can go to Abbasia Fever Hospital (with an ID card or the registration number of the UNHCR and the required procedures will be taken).

Chapter 4: Cybersecurity and protection tools As previously illustrated, most security threats and the most common methods of arresting individuals with diverse sexual orientations and gender identities are through social media platforms and dating applications. Consequently, for protection against digital risks, one must beware of the widespread deceit attempts. Attackers often resort to deceiving people to make them disclose data, click on links, or download files. A cyber attacker does not need weak points in phones or applications, but rather weak points in the users. Such attacker exploits the users’ desires and fears to push them to do what serves their interests. Therefore, we must deal with caution with the messages we receive or the content we find. We should watch out for whether the sender is trying to provoke our emotions (either by exploiting our fears and worries, or by exploiting our desires or needs). There is no harm in consulting someone who we trust in their experience and knowledge when we receive such things. The more precise fraudulent messages are directed, the more difficult they are for us to identify. If, for example, a cyber attacker gains access to the phone numbers registered with an association that provides services to asylum seekers, such attacker will be able to send messages targeting that group with things that he/she knows such group needs or is afraid of. Fraudulent scams regarding job opportunities and work-from-home offers have become widespread recently, in which fraudsters provide evidence of their credibility and send actual sums of money until the victim sends a satisfactory amount of money. Afterwards, the victim finds out that they are unable to communicate with the fraudsters again or recover the amount they sent.

In general, we should avoid providing any personal data to untrusted parties, especially if such data is important or includes ways that could help fraudsters reach us. Dating: The use of dating apps in Egypt is never free of risks. The possibility of exposure to risks increases significantly for individuals with diverse sexual orientations and gender identities, due to the usage of dating apps by the Egyptian police, as mentioned previously, to lure homosexual men and transgender women. Also, the police target commercial sex workers in particular. For the aforementioned reasons: “Talking about financial payments should be avoided if possible.” In addition, gangs are also active on these applications to blackmail individuals with diverse sexual orientations and gender identities. In the case of foreigners and asylum seekers, some gangs consider such individuals as easy to blackmail, although this varies from one nationality to another. Dating apps are also not free of &quot;racism against non-Egyptians&quot;. Such racism increases towards the black people, which is why one must be careful when using dating apps and keep their harmful risks in mind. Care should be taken when communicating with people on dating apps. Sharing information should be done with caution and time should be taken to know the person and confide in. When making the decision to meet the person, it might be useful to inform a trusted friend of the time and place of the meeting and provide them with information about the other person, if possible. It is also important not to allow anyone to force us to do anything if we are not sure we want to.

Securing devices: - If our devices contain sensitive files, we can keep them in a separate space if the phone supports this feature or use programs and applications to save files in an encrypted form. Examples of which are: - BitLocker (for Windows computers) - VeraCrypt (for Windows, Linux, and macOS) - Picocrypt (for Windows, Linux and macOS) - DroidFS (for Android phones) - Tella (for Android phones and iPhone) Moreover, metadata should be erased from photos before sending, as photos contain information such as the type of device used, the time the photo was taken, camera settings and sometimes the exact geographical location when such photo was taken. There are applications that help erase metadata, such as: - ExifCleaner (for Windows, macOS, and Linux) - Metadata Cleaner (for Linux computers) - Exif Eraser (for Android phones) - Metapho (for iPhone) - If we want to conceal our online activity from the government and telecom companies, we can use VPN applications and software such as Psiphon. This service helps in accessing blocked content as well. However, it does not protect against malicious websites, which is why using the Internet should be done with caution in all circumstances. However, the presence of VPN applications on the phone attracts the attention of some police officers, which makes it a source of inquiry in the event that the security forces stop an individual on the street, for example, and inspect their phone. - Any antivirus software could also be used to scan the device regularly in order to ensure it is free of malware.

- When communicating with others - especially regarding sensitive topics reliable messaging applications that use a good encryption algorithm and preserve user data should be used, e.g., Signal or Wire. WhatsApp also could be used (it encrypts messages but collects a lot of data). Or Telegram (it has the feature of encrypting messages; however, it is not activated automatically). Yet, Signal and Wire apps are generally more respectful of user privacy. - Also, we should be familiar with the security features offered by an application and use them when needed, e.g., temporary messages and view once images. Such features do not replace the need to be careful when communicating with others and not to click on unexpected links. For more information and advice, you can visit the Mesahat Foundation’s comprehensive security portal.

- References: •“The Trap” Punishing Sexual Difference in Egypt •Introduction to the UNHCR and Services of its Partners •UNNews Podcast Regarding the Latest Events in Sudan •A Fancy Organization for Human Trafficking Raseef 22 •Yemeni Dalal’s Case •Deportation of Eritrean Refugees