Portugal: Resolution of the Council of Ministers No. 110/2007 of 2007 (resettlement)

In view of paragraph 8, of article 33 of the Constitution and with the objective of cooperation within the space of freedom, security and justice of European Union, it is the duty of the Portuguese State to assure, within the scope of law, the right of asylum to aliens and stateless persons persecuted or seriously threatened of persecution in result of activity in favour of democracy, social and national liberty, peace among peoples, freedom and the right of the human being that legitimately seek for protection in Europe.

Recently, Law 52/2006, 1st of September that approved the Great Options of Action regarding 2007, expressed as main action to the present year the reinforcement of support measures to asylum seekers and refugees.

Also, Law 20/2006, 23rd of June approved complementary ruling to the legal framework regarding asylum and refugees, assuring the transposition of Directive nr 2003/9/CE, of the Council, of 27th of January, laying down the minimum standards for the reception of asylum seekers in Member States.
Financial conditions of reception were hereby established, as well as health care, administrative and judicial guarantees and a collection of measures intended to provide more effectiveness to the reception system, including the extinction of the National Commissioner for Refugees.

Decree-Law 222/2006, 10th of November defined the organic structure and the financing regime by the European Refugee Fund. In the scope of common asylum policy, Decision 2004/904/CE of the Council, of 2nd December that establishes the European Refugee Fund for the period of 2005 to 2010, provides continuity to the initial objective of solidarity among Member States, in light of the recent European legislation and taking into consideration the experience of the first period of the Fund. A pluri-annual national programme was opportunely presented to the European Commission, and giving the recent experience during the first period, it was important to adequate the national legal framework to the new common ERF II frame.

According to the annual report on internal security concerning year 2006, 129 asylum requests were addressed to the Portuguese State, representing an increase of 14% in comparison to year 2005 (seekers from Democratic Republic of Congo, Israel, Russian Federation, Angola, Colombia, Ivory Coast, Guinea Konacri, Nepal and Nigeria stand out).

According to the same report, Portugal recognised refugee status or subsidiary protection to 30 aliens, which represents an increase of 87% in comparison to year 2005 (nationals from Democratic Republic of Congo, Ivory Coast, Russian Federation and Eritrea stand out).

Therefore, in view of the continuity of active policies regarding reception and support to exiles, in coordination with the United Nations High Commissioner for Refugees and with the Portuguese Refugee Council, it is imperative to promote the establishment of conditions to concede on an annual basis, asylum, to a minimum of 30 persons, namely to face refugee resettlement requests, according to article 27 of Law 15/98, 26th of March.

The institute of resettlement is an essential element of the common asylum policy, which is based on solidarity among Member States and presupposes the existence of mechanisms that assure a balanced distribution of efforts by Member States in receiving refugees and displaced persons and supporting the consequences of their reception.

Therefore:

In terms, of paragraph g) of article 199 of Constitution, the Council of Ministers decides to:
1 – Determine, in view of Law 15/98, of 26th of March that conditions to annually recognise asylum to a minimum of 30 persons will be put in place.
2 – Determine that the number mentioned in previous number 1 can be reviewed by the Interior Ministry.

Presidency of the Council of Ministers, 12th of July of 2007 – The Prime Minister, José Sócrates Carvalho Pinto de Sousa