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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DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
SOCIO-ECONOMIC DATA & POLLS
MIGRATION-RELATED DETENTION
LEGAL & REGULATORY FRAMEWORK
GROUNDS FOR MIGRATION-RELATED DETENTION
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
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
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1989
1989
Ratio of relevant international treaties ratified
Ratio: 14/19
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
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
