Definition and procedural consequences
The notion of safe countries of origin was introduced in French legislation by the Law of 10 December 2003. The definition is completed by the reference to the definition provided in Annex 1 of the recast Asylum Procedures Directive that provides that:
“A country is considered as a safe country of origin where, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is generally and consistently no persecution as defined in Article 9 of Directive 2011/95/EU, no torture or inhuman or degrading treatment or punishment and no threat by reason of indiscriminate violence in situations of international or internal armed conflict.”
By law, a country is considered safe “if it ensures respect for the principles of freedom, democracy and the rule of law, as well as human rights and fundamental freedoms”. The definition has been complemented with the 2018 reform, and now states that the absence of persecution has to be considered for men and women, regardless of their sexual orientation.
Applications from safe countries of origin are to be systematically processed by OFPRA within an Accelerated Procedure, except under special circumstances relating to vulnerability and specific needs of the asylum seeker or if the asylum seeker calls upon serious reasons to believe that his or her country is not be safe given his or her personal situation and the grounds of his or her claim.
List of safe countries of origin
The first list of safe countries of origin was established in June 2005 by the OFPRA Management Board. Every time a country is removed from or added to the list, the deliberations of the Management Board are published in the Official Journal. This list can be reviewed in OFPRA Board meetings. However, the composition of the Management Board has been modified, partly to strengthen the amending procedure of the list. In addition, qualified personalities (personnalités qualifiées) can vote on the constitution of the list of safe countries of origin.
The board is constituted by 16 members:
- 2 personalities (one male, one female) nominated by the Prime Minister;
- 1 representative of the Ministry of Interior;
- 1 representative of the Ministry in charge of Asylum;
- The Secretary General of the Ministry for Foreign Affairs;
- The Director for Civil Affairs and Seal of the Ministry of Justice;
- 1 representative of the Ministry of Social Affairs;
- 1 representative of the Ministry in charge of Women’s Rights;
- 1 representative of the Ministry for overseas territories;
- The Director of the Budget for the Ministry in charge of the Budget;
- 2 Members of Parliament (one male, one female);
- 2 Senators (one male, one female); and
- 2 Members of the European Parliament (one male, one female).
Not only can the Management Board decide on its own initiative to amend the list but also the reform of the law on asylum provides that presidents of the Committee of Foreign Affairs and the Committee of the Laws of both houses (Parliament and Senate) or civil society organisations promoting asylum right, third country nationals’ rights, or women and/or children’s rights can refer to the Management Board that one country should be registered or crossed off the list of safe countries of origin.
The list has to be regularly re-examined by the Management Board in order to make sure that the inscription of a country is still relevant considering the situation in the country. “In case of quick and uncertain developments in one country, it can suspend its registration.”
The sources used by the Management Board of OFPRA to substantiate its decisions are not officially published. OFPRA has an internal resources service working on country of origin information and a UNHCR representative sits in the management board meetings, but the process lacks transparency as to the sources of information used to decide on the safety of a country.
The list of countries considered to be safe countries of origin is public. At the end of 2020 it included the following 15 countries:
- Cape Verde;
- North Macedonia;
Several countries have been removed from the list by the Management Board of OFPRA (but can sometimes also be reintroduced in the list at a later stage):
|Country||Withdrawal or suspension by OFPRA Management Board|
|October 2015 – Withdrawn
June 2013 – Withdrawn
|Georgia||November 2009 (previously withdrawn currently on the list)|
|Mali||December 2012 – Withdrawn|
|Ukraine||March 2014 – Withdrawn|
|Benin||September 2020 – Suspended for a year|
Moreover, decisions to add a country to the list can be challenged before the Council of State by third parties. The Council of State has removed several countries from the list:
|Country||Removal by Council of State|
|Albania||February 2008; March 2012 (currently on the list)|
|Kosovo||March 2012; October 2014 (currently on the list)|
|Mali||July 2010 (for women only)|
In a decision of 16 December 2013, the Management Board of OFPRA added Albania, Georgia and Kosovo. In a decision of 10 October 2014, the Council of State removed Kosovo from the list of safe countries of origin but maintained Albania and Georgia. The Ministry of Interior sent an instruction to the Prefects on 17 October 2014 calling them to generally channel the asylum seekers from Kosovo into the regular procedure and to deliver them a temporary residence permit enabling them to be accommodated in reception centres for asylum seekers. However, on 9 October 2015, the Management Board of OFPRA met to update the list of safe countries of origin and has decided to reintroduce Kosovo to the list.
The reintroduction of Kosovo has been challenged to the Council of State by several French NGOs, including Forum réfugiés – Cosi, Cimade, Dom’Asile, GISTI, Elena France and JRS France among others. They also wanted the withdrawal from this list of Senegal, Albania, Armenia and Georgia. It has to be mentioned these countries are the five main safe countries of origin of asylum seekers in 2015. On 30 December 2016, the Council rejected the applications and upheld the list in its current form. When upholding the legality of the inclusion of Kosovo in the list, the Council of State took into account the fact that the country has been inserted in the European Commission proposal for an EU list of safe countries of origin.
In October 2019, the Management Board of OFPRA decided to maintain the current list of safe countries of origin, but added that the situation in Benin will be reviewed within six months. In September 2020, the Management Board of OFPRA decided to suspend the placement of Benin as safe country of origin during 12 months.
In 2019, 22,649 first-time applications (excluding minors) were lodged by persons originating from the 16 “safe countries of origin” (20% of all first asylum applications). In 2020, applicants from Albania and Georgia were not in the top ten countries of origin of asylum seekers in France, as opposed to previous years.
 Law n. 2003-1176 of 10 December 2003 on the right to asylum.
 Article L.722-1(4) Ceseda, as amended by Article 6 Law n. 2018-778 of 10 September 2018.
 Article L.723-2(1)(1) Ceseda.
 Article L.723-2(5) Ceseda.
 Article L.722-1 Ceseda.
 Article L.722-1(2) Ceseda.
 Decision of 16 December 2013 modifying the list of safe countries of origin (Décision du 16 décembre 2013 modifiant la liste des pays d’origine sûrs), JORF n°0301 of 28 December 2013, available at: http://bit.ly/1LI8R1H, 26152.
 Ministry of Interior, Information Note INTV1424567N of 17 October 2014.
 OFPRA, 2016 Activity report, 39.
 Council of State, Decisions Nos 395058, 395075, 395133 and 395383, 30 December 2016.