Last Change:
06/27/2024
Act No. 21/91 of 31 December 1991 (Refugee Act)
Year: 1991
Type: Domestic law
Rights Category: Asylum, Freedom of movement, Documentation
Description
The law outlines Mozambique's legal framework on refugee and asylum issues. It defines who qualifies as a refugee and establishes criteria for exclusion from refugee status. The law establishes procedures for applying for asylum, rights and obligations of refugees, and provisions for family reunification. The law also includes mechanisms for legal residence, naturalization options, and safeguards against expulsion.
Selected provisions
1. Any person:
(a) who has a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to return to that country or to seek its protection;
(b) who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it;
(c) who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in a part or the whole of the country of origin, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality shall be considered a refugee.
2. A person who has more than one nationality shall be eligible for refugee status only when the above-mentioned grounds apply in relation to all the States of which he is a national.
1. The refugee shall in principle enjoy the rights and have the duties proper to aliens resident in the Republic of Mozambique; he shall essentially be bound to conform to and obey the legislation in force in the country, including any instructions relating to the maintenance of public order, and to refrain from any subversive activities against any foreign State.
2. The refugee shall enjoy any rights not applicable to aliens in general which arise out of the United Nations Convention of 28 July 1951, the additional Protocol thereto of 31 January 1967 and the OAU Convention of 10 September 1969, subject to the reservations made by the Republic of Mozambique.
3. An identity document attesting his refugee status and, when he has to leave the country, a travel document shall be issued to the refugee.
4. The documents referred to in the previous paragraph may be withheld on grounds of national security or public order determined by the Republic of Mozambique.
A provisional residence permit shall be granted, after receipt of the petition for asylum, to the petitioner and the persons indicated by him in accordance with the provisions of article 4, paragraph 2.
1. A refugee who is lawfully in the Republic of Mozambique shall not be expelled save on grounds of national security or public order.
2. A refugee shall be expelled only in pursuance of a decision of the Ministry of the Interior, and on condition that that decision conforms to the rules governing the legal process of expulsion.
3. The refugee shall be allowed to defend himself, by the means prescribed by law, against the facts that determined his expulsion, specifically by submitting evidence to clear him.
1. If a provisional residence permit is not granted, every effort shall be made to limit the movements of the petitioner and his family members to the indispensable minimum.
2. The restrictions referred to may be imposed on serious grounds of national security or of public order cited by the Republic of Mozambique.
It shall be for the Council of Ministers to issue regulations to give effect to this Act.
1. The Republic of Mozambique may authorize the acquisition of Mozambican nationality by naturalization for any person who has refugee status and who seeks to acquire such nationality by that means.
2. Once the requirements of the legislation concerning nationality have been met, naturalization shall be granted on the same terms as to other aliens.