Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Avoiding Military Conscription in Egypt

Sources indicate that Egyptian authorities do not consider evading military service or being a conscientious objector a form of "political opposition" (Lecturer in Public Law 2 Aug. 2018; EOHR 31 July 2018), nor would they consider being a conscientious objector a form of "political expression" (EOHR 31 July 2018), although a representative from the Egyptian Organization for Human Rights (EOHR), an Egyptian NGO, stated, in correspondence with the Research Directorate, that, regarding military service, "political background" may be used to exempt or "exclude an individual from conscription" (EOHR 31 July 2018).

In correspondence with the Research Directorate, a researcher from the Middle East and North Africa Division of Human Rights Watch indicated that the default position of the Egyptian authorities in these matters is that avoiding military service would be considered "an offence and punished as stated by [the] law" (Human Rights Watch 1 Aug. 2018). The EOHR representative similarly stated that "[s]omeone who refuses to perform [their] military service" will face consequences as imposed by Egyptian law (EOHR 31 July 2018).

However, the Human Rights Watch researcher stated that Egyptian authorities would consider the actions of conscientious objectors to be "political dissidence" (Human Rights Watch 1 Aug. 2018). In correspondence with the Research Directorate, a representative from the No to Compulsory Military Service Movement (NoMilService), an Egyptian NGO that was co-founded in 2009 by Nobel Peace Prize nominee and Egyptian conscientious objector Maikel Nabil (Peacebuilding Connections n.d.), similarly stated that

[b]ecause Egyptians of all political affiliations - even those who support the government - tend to avoid conscription, Egyptian authorities consider avoiding conscription an act of political opposition only if it is done on political grounds. [Avoiding military conscription is] considered an act which threatens the army, the regime, and the country. It is considered a treacherous act, as abandoning Egypt, and as refusal to serve one's country.

…

[T]he Egyptian army considers conscientious objection an existential threat. Conscripts in Egypt are forced to pledge their allegiance to the president of Egypt and the political regime, and refusing to serve in the army is effectively refusing to pledge one's allegiance to the president and the regime. Conscientious objection is not seen as an act of conscience or belief, but an act of challenging the regime, its laws, its authority, and its legitimacy. (NoMilService 31 July 2018a)

2. Legislation and Enforcement

According to sources, individuals avoiding military conscription in Egypt can face three years in prison (NoMilService 31 July 2018a; Human Rights Watch 1 Aug. 2018), or a two-year prison sentence and a fine of "no less than" 2,000 Egyptian pounds (EGP) [approximately $C146] (EOHR 31 July 2018). Without providing further details, the EOHR representative indicated that the penalty for avoiding military service is applied only to those who have reached 30 years of age, and that "evaders below the age [of] 30 are forced to perform an extended military service as punishment" (EOHR 31 July 2018). The Human Rights Watch researcher added that "many young Egyptians" travel outside Egypt and return once they have turned 30, "the maximum age to recruit conscripts"; they are "prosecuted but usually only pay a fine," although the judge could "opt for a prison sentence" (Human Rights Watch 1 Aug. 2018). The same source stated that if the person returns to Egypt before they turn 30, they would "probably go to prison" (Human Rights Watch 1 Aug. 2018). For further information on regulations regarding military service, including for Egyptians living abroad, see Response to Information Request EGY106143 of July 2018.

The NoMilService representative similarly noted that someone who was not arrested for avoiding military conscription until they reached 30 years old would "face a fine and/or prison, but the army will not require [the person] to enlist afterwards" (NoMilService 31 July 2018b). The same source stated in a separate correspondence that, after spending three years in prison for refusing or avoiding conscription, someone might be asked again to serve in the army and, if the person refuses, they could be sent "to a military court again and could receive another three years in prison" (NoMilService 31 July 2018a). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The NoMilService representative stated the following regarding consequences faced by evaders and conscientious objectors in Egypt:

The army responds to avoiding conscription in extremely harsh ways, and torture and murder are possible outcomes for avoiding conscription. … Avoiding, evading, or escaping conscription, as well as failing to report to duty are crimes under Egyptian [law]. Individuals who commit these acts are considered military personnel, not civilians, and thus face trial in military courts. Military courts are known for their bias against critics of the army, for their lack of proper legal procedures, and for their extremely high conviction rates.

…

In addition to all this, there are many extra-legal punishments for individuals who avoid or refuse conscription. These punishments vary from public shaming and character assassination to torture, food deprivation, and even murder. These acts are not legal in Egypt, but are very common and are encouraged by military authorities. (NoMilService 31 July 2018a)

In correspondence with the Research Directorate, a representative from the Al Nadeem Center for Rehabilitation of Victims of Violence, an NGO based in Egypt (Al Nadeem Center n.d.), indicated that the penalty applied for refusing military service "depends very much on the will of the judging authority, which is [the] military judiciary" (Al Nadeem Center 1 Aug. 2018).

2.1 Conscientious Objection

According to sources, Egypt does not have legislation regulating conscientious objection to military service (EBCO 31 July 2018; WRI 31 July 2018). According to the Human Rights Watch researcher, "[n]o respect or protection is granted for any objector" (Human Rights Watch 1 Aug. 2018). The NoMilService representative indicated that

there have been no trials in Egypt for any conscientious objector on the grounds of conscientious objection. [Conscientious objectors] are accused with other accusations: incitement, treason, spreading rumors, blasphemy, and other charges. (NoMilService 31 July 2018b)

The Human Rights Watch researcher indicated that "Egypt [has] witnessed cases of imprisonment for conscientious objectors" and stated that

conscientious objectors would face … grea[t] risks of imprisonment and perhaps torture …. Military officers fear [that] such an act [may] spread among bigger numbers of soldiers/conscripts and therefore would lean towards harsher punishments for any objector. (Human Rights Watch 1 Aug. 2018)

As part of his response to a question on the consequences faced by evaders and conscientious objectors in Egypt, the same source stated that

[t]he law punishes with the death penalty over 20 offenses, including very vaguely-worded ones such as "disobeying the president" or "inciting chaos inside the armed forces." The law also punishes with prison very vaguely-worded acts such as "undermining the military system or obedience." (Human Rights Watch 1 Aug. 2018)

The NoMilService representative stated that "theoretically, an 18 year old conscientious objector can be imprisoned until he reaches 47 [years old] for refusing conscription" (NoMilService 31 July 2018a). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In correspondence with the Research Directorate, a representative from the European Bureau for Conscientious Objection (EBCO) [1] stated that "[c]onscientious objection is treated as a taboo in Egyptian society; consequently, the little group of Egyptian conscientious objectors prosecuted by the military administration does not find any support, even from national human rights groups" (EBCO 31 July 2018).

3. Other Consequences

Sources indicate that individuals who avoid military conscription are denied legal documents and their condition corresponds to "civil death" (WRI 31 July 2018; NoMilService 31 July 2018a). In correspondence with the Research Directorate, a representative from War Resisters' International (WRI), a "global antimilitarist and pacifist network, with over ninety member organisations in over 40 countries," stated that individuals who avoid conscription

are denied their travel documents; because they cannot prove the completion of military service and get security approval from military authorities, they cannot apply for a job, and in some cases complete their studies. (WRI 31 July 2018)

The NoMilService representative similarly indicated that

Egyptian males over the age of 18 need to carry at all times a military certificate to show that they are abiding with the conscription law. Without this document, a person cannot work legally, cannot join a school or a university, cannot get a passport, and cannot leave the country. They also might face difficulties getting married, voting, getting access to health services, and [with] financial actions. (NoMilService 31 July 2018a)

Similarly, the EBCO representative explained that,

conscientious objectors in Egypt [are prevented] from leaving the country, [from] pursuing studies or [from] entering a regular employment and [they] always live under the risk of being incriminated and incarcerated by military tribunals. In some individual cases, Egyptian conscientious objectors have been exempted from military service after jail, repeated call-ups, psychiatric hospitalization, [and] hunger strikes. (EBCO 31 July 2018)

The Human Rights Watch researcher expressed the view that treatment of military service evaders or conscientious objectors by authorities varies according to the individual's profile, indicating that the individual's "personal statements, behavior and history of current/past political activism or affiliations would all play a role in how he would be treated" by Egyptian authorities (Human Rights Watch 1 Aug. 2018). According to the NoMilService representative,

personal circumstances can make the army's responses harsher and more aggressive. Individuals from minorities and marginalized groups get punished [more harshly] if they oppose conscription. This applies to homosexuals, religious minorities (Christians, Shia Muslims, Baha'is, atheists, etc.), ethnic minorities (Nubians, Bedouin, dual nationals, etc.), and political opposition. Avoiding or refusing conscription by an individual from any of these groups leads to a harsher response from the army, and is ignored by the mainstream media (and the public) because of the common discrimination against these groups in Egypt. (NoMilService 31 July 2018a)

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] The European Bureau for Conscientious Objection (EBCO) is a Brussels-based NGO that "provides expertise and legal opinions" on conscientious objection (EBCO 31 July 2018). It has enjoyed participatory status with the Council of Europe since 1998 and "cooperates with the European Parliament and the Office of the [UNHCR]" (EBCO 31 July 2018).

References

Al Nadeem Center for Rehabilitation of Victims of Violence (Al Nadeem Center). 1 August 2018. Correspondence from a representative to the Research Directorate.

Al Nadeem Center for Rehabilitation of Victims of Violence (Al Nadeem Center). N.d. "Contact Us." [Accessed 2 Aug. 2018]

Egyptian Organization for Human Rights (EOHR). 31 July 2018. Correspondence from a representative to the Research Directorate.

European Bureau for Conscientious Objection (EBCO). 31 July 2018. Correspondence from a representative to the Research Directorate.

Human Rights Watch. 1 August 2018. Correspondence from a Middle East and North Africa Division researcher to the Research Directorate.

Lecturer in Public Law, Université Toulouse - Jean Jaurès. 2 August 2018. Correspondence with the Research Directorate.

No to Compulsory Military Service Movement (NoMilService). 31 July 2018a. Correspondence from a representative to the Research Directorate.

No to Compulsory Military Service Movement (NoMilService). 31 July 2018b. Correspondence from a representative to the Research Directorate.

Peacebuilding Connections. N.d. "Maikel Nabil: Writer and Peace Activist." [Accessed 3 Aug. 2018]

War Resisters' International (WRI). 31 July 2018. Correspondence from a representative to the Research Directorate.

Additional Sources Consulted

Oral sources: Adalah Center for Rights and Freedoms; Arab Center for the Independence of the Judiciary and the Legal Profession; Arabic Network for Human Rights Information; Arab Organization for Human Rights; Arab Penal Reform Organization; Cairo Institute for Human Rights Studies; Centre national de coopération au développement (Brussels); Committee for Justice (Geneva); Conscience and Peace Tax International; Egyptian Initiative for Personal Rights; five professors who specialize in Egyptian politics at the British University in Egypt; four professors from the Department of Political Science of the American University in Cairo; International Commission of Jurists; Land Center for Human Rights; Organisation mondiale contre la torture; SOLIDAR; UN – UNHCR Regional Representation in Egypt.