Bhutan

Detains migrants or asylum seekers?

Rarely

Has laws regulating migration-related detention?

Yes

Refugees

1,116

2022

Asylum Applications

61

2022

International Migrants

53,612

2020

Population

800,000

2023

Overview

(February 2020) As of 2019, Bhutan reportedly had no immigration detention centres and few cases of people being placed in detention for immigration-related reasons. After its visit to the country 2019, the Working Group on Arbitrary Detention noted this lack of emphasis on detention and commended "the restrained approach of the authorities."

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

01 September 2020 – Bhutan

As of 2019, Bhutan reportedly had no immigration detention centres and few cases of people being placed in detention for immigration-related reasons. On 23 March, it was made mandatory for all persons travelling into Bhutan to undergo a period of quarantine to prevent the spread of the coronavirus. There have been reports of people being […]

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Last updated: February 2020

"31. The Working Group understands that there are no immigration detention facilities in the country and that the current practice is to seek the assistance of the police to hold those who have been found to be in breach of the Immigration Act, 2007. The lack of immigration detention facilities appears to have contributed to relatively few cases of immigration detention and, according to information received, such detention would generally not last longer than a day.

"32. The Working Group views the current practice as positive and recalls that deprivation of liberty must be a measure of last resort. It welcomes the restrained approach of the authorities towards the opening of new detention facilities and invites them to consider carefully any initiatives that would lead to opening of new types of places of deprivation of liberty."

--Working Group on Arbitrary Detention, Report on Visit to Bhutan 14-24 January 2019.

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

Total Immigration Detention Capacity
0
2020
Number of Dedicated Immigration Detention Centres
0
2020

ALTERNATIVES TO DETENTION

ADDITIONAL ENFORCEMENT DATA

PRISON DATA

Criminal Prison Population (Year)
1,119
2014
1,001
2011
Percentage of Foreign Prisoners (Year)
6.8
2013
Prison Population Rate (per 100,000 of National Population)
145
2014
135
2011

POPULATION DATA

Population (Year)
800,000
2023
800,000
2020
775,000
2015
International Migrants (Year)
53,612
2020
53,254
2019
51,100
2015
International Migrants as Percentage of Population (Year)
6.95
2020
6.6
2015
Refugees (Year)
1,116
2022
21,392
2015
Asylum Applications (Year)
61
2022
Stateless Persons (Year)
0
2022
0
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
2,560
2014
Remittances to the Country
13
2014
Unemployment Rate
2014
Net Official Development Assistance (ODA) (in Millions USD)
129.8
2014
Human Development Index Ranking (UNDP)
132 (Medium)
2014

MIGRATION-RELATED DETENTION

Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
Rarely
2023
Yes
2020
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Yes
2023
Yes
2023
Yes
1958

GOVERNANCE SYSTEM

Legal Tradition(s)
Common law
2017
Customary law
2017

LEGAL & REGULATORY FRAMEWORK

Detention-Related Legislation
The Immigration Act of the Kingdom of Bhutan (2007)
2007
Regulations, Standards, Guidelines
Immigration Rules & Regulations of the Kingdom of Bhutan (2015)
2015

GROUNDS FOR MIGRATION-RELATED DETENTION

Immigration-Status-Related Grounds
Detention to effect removal
2023
Detention for failing to respect a voluntary removal order
2023
Detention for unauthorised entry or stay
2023
Criminal Penalties for Immigration-Related Violations
Yes (Yes)
2023
Grounds for Criminal Immigration-Related Incarceration / Maximum Length of Incarceration
Unauthorised stay
2023
Unauthorized entry
2023

LENGTH OF MIGRATION-RELATED DETENTION

Average Length of Immigration Detention
Number of Days: 1
2019

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
VCCR, Vienna Convention on Consular Relations
1981
2017
CRC, Convention on the Rights of the Child
1990
2017
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1981
2017
Ratio of relevant international treaties ratified
Ratio: 3/19
Ratio of Complaints Procedures Accepted
Observation Date
0/2
2017
Relevant Recommendations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Rights of the Child § 42. "The Committee reiterates its previous recommendation (see CRC/C/BTN/CO/2 para. 65) and urges the State party to: (a) Enhance its efforts in negotiations to find peaceful and prompt solutions for either the return or resettlement of children living in refugee camps in Nepal, with particular attention to reunification with their families; (b) Ensure the transparency of the procedure for the determination of the nationality of child refugees based on the right to a nationality and the right to leave and return to one ’ s country, with due consideration to the best interests of the child; (c) Consider acceding to the 1951 Convention relating to the Status of Refugees, the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness." 2017
2017

NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

Visits by Special Procedures of the UN Human Rights Council
Year of Visit
Observation Date
Working Group on arbitrary detention 2019
2019
2019
Relevant Recommendations by UN Special Procedures
Recommendation Year
Observation Date
Working Group on arbitrary detention 31. The Working Group understands that there are no immigration detention facilities in the country and that the current practice is to seek the assistance of the police to hold those who have been found to be in breach of the Immigration Act, 2007. The lack of immigration detention facilities appears to have contributed to relatively few cases of immigration detention and, according to information received, such detention would generally not last longer than a day. 32. The Working Group views the current practice as positive and recalls that deprivation of liberty must be a measure of last resort. It welcomes the restrained approach of the authorities towards the opening of new detention facilities and invites them to consider carefully any initiatives that would lead to opening of new types of places of deprivation of liberty. 2019
2019
2019
Relevant Recommendations from the UN Universal Periodic Review
Observation Date
No 2010
2017
No 2014
2017
Yes 2019

REGIONAL HUMAN RIGHTS MECHANISMS

DETENTION COSTS

OUTSOURCING

FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS