According to a recent Human Rights Watch report, Egyptian border guards have killed at least 32 African migrants trying to cross into Israel since July 2007, and Israel has forcibly returned at least 139 border crossers to Egypt. In most cases Egypt has detained those returned by Israel without revealing their whereabouts, and deported some to their home countries where they face the risk of persecution.

Human Rights Watch’s deputy Middle East director has highlighted the gravity of the problem, saying that “Israel should not be forcibly returning people to Egypt, where they are detained arbitrarily and even deported to abusive home countries”.

Looking more closely at the border-crossing statistics illuminates alarming numbers. Since 2006 more than 13,000 migrants (the majority from Eritrea and Sudan) have travelled into Egypt and tried to cross the border into Israel. In August 2007 and 2008 Israel forcibly returned 139 to Egypt, claiming that Egypt had previously agreed to the returns and assured that the returnees wouldn’t be mistreated. The government of Egypt denies any such agreement.

In August 2007 Israel forcibly returned 48 Africans (mostly Sudanese) to Egypt, who prevented the United Nations High Commission for Refugees (UNHCR) from having access to them, deporting 20 into Sudan despite the risk of arbitrary arrest and torture they faced there. The remaining migrants’ whereabouts are presently unknown, as are those of another 91 Africans forcibly deported into Egypt in August 2008. In violation of international refugee law, Israel refused those it returned to Egypt the opportunity to present asylum claims.

In June 2008 Egypt returned 1,200 undocumented Eritreans who had crossed into Egypt via its southern border with Sudan, despite the substantial risk of torture and ill treatment they faced in Eritrea. Egypt rejected repeated UNHCR appeals to not send the migrants back, but according to human rights organisations following the cases, 740 of these returnees are now being detained at an Eritrean military prison.

Naturally, Egypt has a right to regulate exit and entry across its borders, but it must do so in a manner that doesn’t violate its obligations under international human rights law. Its current policy of shooting those who try to cross the border arbitrarily deprives them of the right to life, in a violation of Article 6 of the International Covenant on Civil and Political Rights (ICCPR). Police should only resort to lethal force when it’s strictly unavoidable and to protect life, says Human Rights Watch.

The ICCPR also requires due process and a fair trial for anyone detained on suspicion of violating national laws. Therefore although Egypt may penalise unauthorised entry into the Sinai (a restricted military zone) anyone caught entering these areas has the right to a fair trial.

Further international refugee stipulations demand that refugees not be forcibly returned to countries where they face a considerable risk of persecution; asylum seekers must be given the opportunity to make an asylum claim, and not be unnecessarily detained. These are all areas that need to be addressed by Egypt and Israel in respect of border crossings in the troubled Sinai area.