Guinea

Detains migrants or asylum seekers?

Unknown

Has laws regulating migration-related detention?

Yes

Refugees

2,199

2022

Asylum Applications

53

2022

International Migrants

121,437

2020

Population

14,200,000

2023

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

26 February 2021 – Guinea

Guinea, located on the west coast of Africa, declared a state of emergency on 26 March 2020 in response to the COVID-19 pandemic, which included several emergency measures like the closure of borders and schools. By 26 February 2021, the country had recorded 15,789 cases of COVID-19 and 88 related deaths. On 14 February 2021, […]

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Fraternité Des Prisons Members Along with the Dubréka Prison and Coyah Prison Directors, (GuinéeMatin,
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DETENTION STATISTICS

Total Migration Detainees: Flow + Stock (year)
Not Available
2019

DETAINEE DATA

Total Number of Children Placed in Immigration Detention (Year)
0
2017

DETENTION CAPACITY

ALTERNATIVES TO DETENTION

ADDITIONAL ENFORCEMENT DATA

PRISON DATA

Criminal Prison Population (Year)
196
2017
3,800
2010
2,539
2007
3,070
2002
4,014
1996
Percentage of Foreign Prisoners (Year)
7.1
2017
Prison Population Rate (per 100,000 of National Population)
10
2017
35
2010
25
2007
34
2002
49
1996

POPULATION DATA

Population (Year)
14,200,000
2023
13,100,000
2020
International Migrants (Year)
121,437
2020
120,642
2019
International Migrants as Percentage of Population (Year)
0.92
2020
Refugees (Year)
2,199
2022
5,741
2021
6,029
2020
4,964
2019
4,294
2018
5,161
2017
5,057
2016
8,839
2015
8,766
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
0.39
2016
Asylum Applications (Year)
53
2022
574
2019
120
2016
Stateless Persons (Year)
0
2022
0
2016

SOCIO-ECONOMIC DATA & POLLS

MIGRATION-RELATED DETENTION

Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
Unknown
2023
Yes
2003
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Yes
2023

GOVERNANCE SYSTEM

Legal Tradition(s)
Civil law
2017
Customary law
2017

LEGAL & REGULATORY FRAMEWORK

Detention-Related Legislation
Act No. L/94/019/CTRN on the Conditions of Entry and Residence for Foreign Nationals in the Republic of Guinea (Loi No. L/9194/019/CTRN du 1994 Portant sur les Conditions d'Entrée et de Séjour des Etrangers en République de Guinée) (1994)
1994

GROUNDS FOR MIGRATION-RELATED DETENTION

Criminal Penalties for Immigration-Related Violations
Yes (Yes)
1994
Grounds for Criminal Immigration-Related Incarceration / Maximum Length of Incarceration
Unauthorised stay (730)
1994
Unauthorized re-entry (1825)
1994
Unauthorized entry (1825)
1994
Has the Country Decriminalised Immigration-Related Violations?
No
1994

LENGTH OF MIGRATION-RELATED DETENTION

MIGRATION-RELATED DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

DETENTION MONITORS

> National human rights monitoring bodies

> National Preventive Mechanisms (Optional Protocol to UN Convetion against Torture)

> Non-governmental organisations (NGOs)

> Governmental monitoring bodies

> International detention monitoring

TRANSPARENCY

READMISSION/RETURN/EXTRADITION AGREEMENTS

COVID-19

HEALTH CARE

COVID-19 DATA

INTERNATIONAL TREATIES

International Treaties Ratified
Ratification Year
Observation Date
CRPD, Convention on the Rights of Persons with Disabilities
2008
2008
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2005
2005
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2004
2004
ICRMW, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
2000
2000
CRC, Convention on the Rights of the Child
1990
1990
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1989
1989
VCCR, Vienna Convention on Consular Relations
1988
1988
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1982
1982
ICCPR, International Covenant on Civil and Political Rights
1978
1978
ICESCR, International Covenant on Economic, Social and Cultural Rights
1978
1978
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1977
1977
PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
1968
1968
CRSR, Geneva Convention Relating to the Status of Refugees
1965
1965
CRSSP, Convention Relating to the Status of Stateless Persons
1962
1962
Ratio of relevant international treaties ratified
Ratio: 14/19
Individual Complaints Procedures
Acceptance Year
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 1993
1993
CRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities 2008
2008
Ratio of Complaints Procedures Accepted
Observation Date
2/8
2017
Relevant Recommendations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on Migrant Workers "§22 (a)indicate in its next periodic report the number of migrants, disaggregated by age, sex, nationality and/or origin, who are currently being detained for having violated the law on migration, specifying the location, the average length and conditions of detention and providing information on the number of expulsions and the procedures used; (b)amend act no. l/94/019/ctrn to decriminalize irregular migration, since the committee considers that, in accordance with general comment no. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families, staying in a country in an unauthorized manner or without proper documentation or overstaying a residence permit should not constitute a criminal offence; (c)detain migrant workers for immigration offences only in exceptional circumstances and as a last resort, and ensure in all cases that they are held separately from ordinary prisoners, that women are detained separately from men, that conditions of detention are in conformity with international standards and that alternatives to detention are used for children and their families and for unaccompanied minors;" "§26. 26. the committee recommends that the state party: (a)facilitate access by guinean migrant workers residing abroad to consular and diplomatic assistance from the state party, particularly in cases of detention or expulsion;" 2015
2015
Committee on the Rights of the Child § 76. "The Committee urges the State party to adopt a comprehensive legal framework for refugees and asylum seekers in line with international standards and to develop an efficient and well - founded cooperation mechanism with the Office of the United Nations High Commissioner for Refugees (UNHCR) to identify and provide assistance to children in need of protection, especially unaccompanied asylum - seeking children. The Committee encourages the State party to seek technical assistance from UNHCR. The Committee also recommends that the State party consider ratifying the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness." 2013
2013
Committee on the Rights of the Child § 41. "The Committee welcomes the adoption of Law No. L/2018/050/AN on Asylum and the Protection of Refugees in the Republic of Guinea, on 3 September 2018, and the accession of the State party to the Convention on the Reduction of Statelessness, of 1961, on 17 July 2014. With reference to its general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin and to joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families / No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration, the Committee recommends that the State party: (a) Adopt all the decrees and administrative procedures necessary to facilitate the effective implementation of Law No. L/2018/050/AN and increase the human, technical and financial resources allocated to the National Service on Humanitarian Assistance; (b) Repeal article 73 of Law No. L/94/019/CTRN in order to decriminalize irregular migration, and prohibit the detention of asylum-seeking, refugee and migrant children and provide alternatives that allow children to remain with their family members and/or guardians in non-custodial, community-based contexts; (c) Ensure that cases involving unaccompanied asylum-seeking, refugee and migrant children are processed in a positive, humane and expeditious manner in order to find durable solutions." 2019
2019

NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

Relevant Recommendations from the UN Universal Periodic Review
Observation Date
No 2015
2017
No 2010
2017
No 2020

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
APRW, Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (Maputo Protocol) 2012
2012
2017
ACRWC, African Charter on the Rights and Welfare of the Child 1999
1999
2017
ACHPR, African Charter on Human and Peoples Rights 1982
1982
2017

DETENTION COSTS

OUTSOURCING

FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS