Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape and domestic violence, but both occurred frequently, and authorities rarely prosecuted perpetrators. The law does not address spousal rape. Rape is punishable by five to 20 years in prison. Victims reported less than 1 percent of these crimes to police due to custom, fear of stigmatization and reprisal, and lack of cooperation from investigating police or gendarmes. Studies indicated citizens also were reluctant to report crimes because they feared police would ask the victim to pay for the investigation.
Authorities may file charges under general assault, which carries sentences of two to five years in prison and fines of 50,000 to 300,000 Guinean francs (GNF) ($5.50 to $33). Violence against a woman that causes an injury is punishable by up to five years in prison and a fine of up to 30,000 GNF ($3.30). If the injury causes mutilation, amputation, or other loss of body parts, it is punishable by 20 years’ imprisonment; if the victim dies, the crime is punishable by life imprisonment. Assault constitutes grounds for divorce under civil law, but police rarely intervened in domestic disputes, and courts rarely punished perpetrators.
Female Genital Mutilation/Cutting (FGM/C): Although the law prohibits FGM/C, the country had an extremely high prevalence rate. During the year UNICEF reported 96 percent of women and girls ages 15 to 49 in the country had undergone the procedure, which was practiced throughout the country and among all religious and ethnic groups. UNICEF also reported the rate had reduced substantially to approximately 50 percent. The law provides for a penalty of up to life in prison or death if the victim dies within 40 days of the procedure. The child code provides for minimum imprisonment of three months to two years and fines from 300,000 to one million GNF ($33 to $110) for perpetrators who do not inflict severe injury or death. If the victim is severely injured or dies, the child code specifies imprisonment of five to 20 years and a fine of up to three million GNF ($330).
The government also cooperated with NGOs in their efforts to eradicate FGM/C and educate health workers, state employees, and citizens on the dangers of the practice. More than 60 health facilities had integrated FGM/C prevention into prenatal, neonatal, and immunization services. A trend for medically trained staff to perform FGM/C under conditions that were more hygienic continued. While the “medicalization” of the practice may have decreased some of the negative health consequences of the procedure, it did not eliminate all health risks; it also delayed the development of effective and long-term solutions for the abandonment of the practice.
Anti-FGM/C efforts reportedly prevented 39 cases of excision and led to the arrest of nine persons and conviction of five. Separately, according to UNICEF, 11,190 uncircumcised girls younger than 14 benefited from the protection NGOs. This happened in the form of entire communities deciding against continuing to circumcise girls and young women. UNICEF also implemented community dialogues on FGM/C in 40 communes to sensitize local populations to the issue.
Sexual Harassment: The 2014 labor code prohibits all forms of workplace harassment, including sexual harassment; the constitution prohibits harassment based on sex, race, ethnicity, political opinions, or other grounds. As of September the Ministry of Labor had not documented any case of sexual harassment, despite its frequency. The 2016 criminal code penalizes sexual harassment.
Coercion in Population Control: There were no reports of forced abortion or involuntary sterilization.
Discrimination: The law does not provide for the same legal status and rights for women as for men, including in inheritance, property, employment, credit, and divorce. The labor code prohibits gender discrimination in hiring. Traditional practices historically discriminate against women and sometimes took precedence over the law, particularly in rural areas.
Government officials acknowledged that polygyny was common. Divorce laws generally favor men in awarding custody and dividing communal assets. Legal testimony given by women carries less weight than testimony by men, in accordance with Islamic precepts and customary law.
Birth Registration: Children derive citizenship by birth within the country, marriage, naturalization, or parental heritage. Authorities did not permit children without birth certificates to attend school or access health care.
Education: Government policy provides for tuition-free, compulsory primary education for all children up to 16 years of age. While girls and boys had equal access to all levels of primary and secondary education, approximately 56 percent of girls attended primary school, compared with 66 percent of boys. Government figures indicated 11 percent of girls obtained a secondary education, compared with 21 percent of boys.
Child Abuse: Child abuse was a problem, and law enforcement and NGOs continued to document cases. Child abuse occurred openly on the street, although families ignored most cases or addressed them at the community level.
Early and Forced Marriage: The legal age for marriage is 21 for men and 17 for girls, but tradition permits marriage at age 14. Early marriage was a problem. There were no reported prosecutions related to child marriage during the year.
The Ministry of Social Action and the Promotion of Women and Children prevented two cases of forced marriage in the prefecture of Dubreka, just outside of Conakry. The Young Girls Leaders Club of Guinea Against Early and Forced Marriages, a local NGO, successfully prevented the marriages of 11 girls.
Sexual Exploitation of Children: The law prescribes penalties of five to 10 years’ imprisonment for all forms of child trafficking, including the commercial sexual exploitation of children, but it was a problem. The minimum age of consensual sex is 15. Punishment of sex with a child younger than 15 is three to 10 years in prison and a fine of up to two million GNF ($220). The law also prohibits child pornography. These laws were not regularly enforced, and sexual assault of children, including rape, was a serious problem. Girls between ages 11 and 15 were most vulnerable and represented more than half of all rape victims.
Displaced Children: Although official statistics were unavailable, there was a large population of children living on the streets, particularly in urban areas. Children frequently begged in mosques, on the street, and in markets.
Institutionalized Children: The country had numerous registered and unregistered orphanages. According to the Ministry of Social Action and the Promotion of Women and Children, 49 registered orphanages cared for 4,822 children in 2017. While reports of abuse at orphanages sometimes appeared in the press, reliable statistics were not available. Authorities institutionalized some children after family members died from the Ebola virus.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
The Jewish community was very small, and there were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law does not prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities in education, air travel and other transportation, access to health care, or the provision of other state services. In 2015, however, the country adopted a new labor code that prohibits discrimination in employment against persons with disabilities. The law does not mandate accessibility for persons with disabilities, and buildings and transportation remained inaccessible. The Ministry of Social Action and the Promotion of Women and Children is responsible for protecting the rights of persons with disabilities, but it was ineffective. The government provided no support to place children with disabilities in regular schools.
The population was diverse, with three main linguistic groups and several smaller ones identifying with specific regions. While the law prohibits racial or ethnic discrimination, discrimination by members of all major ethnic groups occurred in private-sector hiring patterns, ethnic segregation of urban neighborhoods, and ethnically divisive rhetoric during political campaigns. Ethnically targeted violence occurred during the year.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law criminalizes consensual same-sex sexual activity, which is punishable by three years in prison; however, there were no known prosecutions. In 2012 the government restructured the Office for the Protection of Women, Children, and Morals (OPROGEM) to include a unit for investigating morals violations, including same-sex sexual conduct. Antidiscrimination laws do not apply to lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals.
Deep religious and cultural taboos against consensual same-sex sexual conduct existed. There were no official or NGO reports of discrimination based on sexual orientation or gender identity, although societal stigma likely prevented victims from reporting abuse or harassment. There were no active LGBTI organizations.
HIV and AIDS Social Stigma
Laws to protect HIV-infected persons from stigmatization exist, but the government relied on donor efforts to combat discrimination against persons with HIV/AIDS. Government efforts were limited to paying salaries for health-service providers. Most victims of stigmatization were women whose families abandoned them after their husbands died of AIDS.
Other Societal Violence or Discrimination
Discrimination against persons with albinism occurred, particularly in the Forest Region. Speculation continued about their sacrifice. Albino rights NGOs continued to raise awareness of discrimination and violence against persons with albinism.
Mob violence remained an issue nationwide due to impunity and lack of civilian trust in the judicial system. In August authorities were unable to protect a prisoner as a crowd destroyed the main entrance of Boffa Prison and smashed cell doors, killing an imprisoned taxi driver accused of kidnapping another taxi driver.