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Prima Facie Group Refugee Recognition

Guinea-BissauHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Guinea-Bissau Read the five questions ↓

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

Refugee status under Guinea-Bissau's Law No. 6/2008 (Estatuto do Refugiado, approved 27 May 2008), which covers both the 1951 Refugee Convention/1967 Protocol individual-persecution grounds and the broader 1969 OAU Convention grounds for group situations; the latter is the legal basis for prima facie (group-based) recognition without case-by-case interviews.

See recorded sources
  • UNHCR RIMAP, Guinea-Bissau Laws & Policies, Law No. 6/2008
    This law applies to any person who benefits or requests to benefit in Guinea-Bissau from the Refugee Status, in accordance with the Geneva Convention of July 28, 1951, relating to the Refugee Status, along with the Protocol of January 31, 1967, relating to the Status of Refugees, and the African Union Convention of September 10, 1969, which governs the aspects related to refugee issues in Africa.

Which population, circumstances or geographic group does the mechanism cover?

The prima-facie group mechanism applies when people arrive in mass in Guinea-Bissau while fleeing aggression, external occupation, foreign domination or an event that seriously disturbs public order in part or all of their country of origin or nationality.

See recorded sources
  • Law 6/2008, article 35
    O presente titulo aplica-se no caso da chegada em massa no território da Guiné-Bissau, de pessoas fugindo duma agressão, uma ocupação externa, uma dominação estrangeira ou um acontecimento que perturbe gravemente a ordem pública

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

For a mass arrival covered by the prima-facie mechanism, the CNRD coordinates with the competent authorities, collects information on the reasons for the mass entry, identifies the people who arrived and registers them. On the CNRD’s proposal, the Minister of Internal Administration issues the decision granting refugee status to the covered group.

See recorded sources

What happens after the request: registration, family handling, major support and rights where officially stated?

The CNRD must identify and register mass-arrival refugees and take measures for security, a place of settlement, food and necessary medical care. Prima-facie refugees receive a refugee card under the same conditions as individually recognised refugees and receive the rights and obligations in the law’s general refugee-rights chapter, although security-based settlement restrictions may be imposed.

See recorded sources

Which competent authority, UN body or official assistance channel should the person use?

The competent coordinating body for a prima-facie mass arrival is the National Commission for Refugees and Internally Displaced Persons (CNRD), working with the competent authorities. The CNRD gathers information, identifies and registers the people concerned and proposes the group-recognition decision to the Minister responsible for Internal Administration.

See recorded sources
  • Law 6/2008, article 36(1)
    A CNRD (Cmissão Nacional para Refugiados e Deslocados Internos) tem o papel de coordenação das acções em colaboração com as autoridades competentes.
  • Law 6/2008, article 37(1)
    Sob proposta da Comissão Nacional para Refugiados

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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