34/43 Situation of human rights in Guinea - Report of the United Nations High Commissioner for Human Rights

GE.17-00658 (E) 070217 080217



Human Rights Council Thirty-fourth session

27 February-24 March 2017

Agenda items 2 and 10

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Technical assistance and capacity-building

Situation of human rights in Guinea

Report of the United Nations High Commissioner for Human Rights

Summary

In this report, submitted pursuant to Human Rights Council resolution 31/29, the

United Nations High Commissioner for Human Rights describes the human rights situation

in Guinea in 2016 and makes recommendations to address various human rights problems.

He also provides information on the activities of the country office of the High

Commissioner for Human Rights in Guinea and the results achieved through the technical

assistance provided by the latter.

United Nations A/HRC/34/43

General Assembly Distr.: General 17 January 2017

English

Original: French

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Contents

Page

I. Introduction ................................................................................................................................... 3

II. Main political and economic developments affecting human rights ............................................. 3

III. Situation of human rights .............................................................................................................. 4

A. Violations committed in the context of public protests ........................................................ 4

B. Right to physical and psychological integrity ....................................................................... 4

C. Right to freedom and security ............................................................................................... 5

D. Right to health....................................................................................................................... 6

E. Fight against impunity .......................................................................................................... 7

F. Administration of justice and conditions of detention .......................................................... 8

G. Gender-based violence .......................................................................................................... 9

IV. Cooperation to promote and protect human rights ........................................................................ 9

A. Transitional justice and national reconciliation process ....................................................... 9

B. Cooperation with international human rights protection mechanisms .................................. 10

C. Strengthening the rule of law ................................................................................................ 11

D. Support for civil society organizations ................................................................................. 13

V. Conclusions and recommendations ............................................................................................... 14

GE.17-00658 3

I. Introduction

1. In this report, submitted pursuant to Human Rights Council resolution 31/29, the

High Commissioner assesses the human rights situation in Guinea in 2016, reviews the

activities of the country office of the High Commissioner for Human Rights in Guinea and

makes recommendations to the Government and the international community.

II. Main political and economic developments affecting human rights

2. The year 2016 saw numerous political and social upheavals. In February, the two

main trade union confederations called a general strike to demand, inter alia, that the

Government lower the price of petroleum products and improve the living and working

conditions of public sector workers and those working in some public-private companies.

3. Negotiations led to reforms to the public sector classification system and an increase

in the salary scale for public sector workers.

4. In March and April, the political parties of the republican opposition coalition, led

by the Union des forces démocratiques de Guinée (UFDG), called on citizens to observe

“dead town” days of protest so as to force the Government to lower fuel prices.

5. These protests paralysed the public and private sectors in Conakry and led to clashes

between law enforcement forces and youths from the suburbs. Several people were injured

and around 10 arrests were made during the clashes.

6. In April, the women members of UFDG attempted to organize a peaceful march to

demand the release of the party leader’s bodyguards, who had been arrested in February as

part of the inquiry into the fatal shooting of a journalist working for the private press

outside the headquarters of their political movement. The march, which was due to take

place in the commune of Kaloum, was first prohibited and then halted by law enforcement

on the orders of the Governor of Conakry.

7. In August, the republican opposition organized a peaceful march, inviting its

activists and supporters, as well as “all Guinean citizens who love freedom and justice to

participate in a peaceful march planned for 16 August in order to express, through their

mass presence on public thoroughfares and in public spaces, their rejection of current

political, economic and social governance practices”. The march was authorized by the

authorities and organized in coordination with the Governorate of Conakry and the security

forces.

8. Despite the coordination between the march’s organizers and the political authorities

and security services, there were clashes between protesters and law enforcement officers at

the Bambeto roundabout, in the commune of Ratoma. The clashes led to the death of a

young male protester and gunshot injuries to three other protesters: a man, a woman and a

child.

9. In September, the President met with his main opponent, UFDG leader Mamadou

Cellou Dalein Diallo, as part of periodic consultations on matters of national interest. This

meeting marked the beginning of a period of political calm. The two political rivals agreed

on the need to prioritize dialogue over confrontation in order to safeguard peace and

national unity.

10. In September, an inter-Guinean political dialogue between the President’s camp and

the opposition was launched, with eight items on the agenda: the electoral lists, the

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organization of municipal and local elections, the Independent National Electoral

Commission, respect for the constitutional principle of the neutrality of the public

administration, the identification and prosecution of the perpetrators of the violence

committed during opposition protests over the 2013 legislative elections, compensation for

the victims of that violence, the establishment of the Supreme Court and the release of

arrested and imprisoned persons.

11. As a result of that dialogue, the Presidential camp and the opposition agreed on all

of the agenda items and signed a comprehensive agreement intended to bring the crisis to

an end. The agreement was signed in the presence of representatives from the international

community, including the United Nations, the European Union, the International

Organization of la Francophonie, the Economic Community of West African States, the

ambassador of the United States of America, the ambassador of France and Guinean civil

society, as observers. The conclusion of the agreement, which is to be submitted to the

National Assembly for adoption, has defused the political situation and brought an end to

the street demonstrations that had become a source of violence and human rights violations.

III. Situation of human rights

A. Violations committed in the context of public protests

12. The right to freedom of peaceful assembly and association is guaranteed by article

20 of the Universal Declaration of Human Rights, article 21 of the International Covenant

on Civil and Political Rights and article 10 of the Guinean Constitution.

13. Unlike the previous year, few violent confrontations linked to political demands

were observed. However, on 16 August, following a political protest organized by the

opposition, a man was killed by a bullet allegedly fired by a police officer from a special

mobile intervention unit. The victim was hit in the neck while on the balcony of his

apartment. Three other persons were also injured: a 2-year-old child; a woman, who

suffered a leg injury; and a 20-year-old man, who was riding a motorcycle at the scene of

the incident, which took place in the Bambeto area of Conakry. All of the victims claimed

to have been injured by law enforcement. The police officer suspected of firing the shot that

caused the death was arrested and placed in detention. The shot was fired when police

officers were attempting to prevent a group of youths from barricading the road on their

return from the protest.

14. On 19 April, law enforcement agencies in the commune of Kaloum prevented a

march by female members of the opposition who were demanding the release of members

of the UFGD opposition party who had been placed in pretrial detention following the fatal

shooting of a journalist at their party’s headquarters. The protesters lodged a complaint of

violation of the right to freedom of demonstration against three police officers and

gendarmes, who were leading the operations, given that they had met all of the relevant

legal requirements.

B. Right to physical and psychological integrity

15. The right to physical and psychological integrity is guaranteed under article 5 of the

Universal Declaration of Human Rights, article 7 of the International Covenant on Civil

and Political Rights and article 6 of the Guinean Constitution.

16. Respect for the right to physical and psychological integrity by defence and security

forces remains a cause for concern, particularly with regard to criminal suspects. The

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pursuit of confessions and information often pushes the security forces to use torture and

ill-treatment against suspects.

17. In April, staff of the country office followed up two cases of torture committed

during questioning and interrogation, one by a mixed unit comprising police officers and

gendarmes, and the other by a special mobile intervention unit. In both cases, the units

usurped the functions of criminal investigation officers, since their tasks are normally

limited to arresting suspects and do not include interrogations. The Ministry of Security and

Civil Protection imposed disciplinary measures, including the suspension of 12 officers and

agents involved in one of the cases.

18. In March, a joint unit comprising police officers and gendarmes, Crime Squad No. 8,

arrested a man on suspicion of theft. Officers from the unit tortured him for three

consecutive days to force him to admit his involvement. He was then sent to an

investigation department within the gendarmerie, where he spent three days in handcuffs.

19. The country office documented other cases that constituted cruel, inhuman and

degrading treatment, recording 26 injured persons, 25 of whom were admitted to medical

centres following violence and ill-treatment at the hands of soldiers during an incident in

the prefecture of Mali. The victims included three women.

20. During that incident, which took place in June, the commander of an infantry camp

in Mali, Moyenne-Guinée, forced a driver to leave his lorry, slapped him and ordered his

guard to whip him. In response, the population demanded that the prefect order the

commander to leave the prefecture. This was followed by a confrontation during which

soldiers made excessive use of lethal weapons by firing live ammunition. Twenty-five

persons were injured during these clashes, including five men who were shot, while shops

were set alight and livestock killed. The military region command and the public

administration convinced the commander to leave the prefecture. Furthermore, staff of the

country office came across a suspect in the reception area of a police station whose feet had

been shackled with iron rings. A criminal investigation officer explained that the suspect

had been shackled to prevent him from escaping, because the police station did not have a

holding cell. The staff remarked on the inhuman nature of the practice, and the rings were

removed from his feet.

C. Right to freedom and security

21. The right of the individual to freedom and security is recognized by international

human rights instruments, namely the Universal Declaration of Human Rights (art. 3) and

the International Covenant on Civil and Political Rights (art. 9), and by the Guinean

Constitution (art. 9). The right to freedom is a pillar of human rights; the deprivation of that

right must be justified by a procedure established by law.

22. In the course of the year, staff of the country office made 102 visits to places of

detention, including prisons and police custody centres, and recorded 26 cases of arbitrary

arrest and 62 cases where the maximum period for police custody, 48 hours, was exceeded.

Thanks to the office’s intervention and its arguments in their favour, 74 persons were

released, including 22 minors and 7 women.

23. The country office reports that the poor detention conditions described in the

previous report saw no improvement in 2016. The prison construction and renovation work

begun in 2014-2015 is currently suspended. Overcrowding, squalor, lack of health care,

malnutrition and undernourishment have increased significantly, including for women and

children. In the vast majority of prisons, including the main prisons in Conakry and Kindia,

many women are detained in cramped facilities, where nothing is done to take their

particular needs into account. Juvenile wings and cells are also occupied by adults, some of

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whom are accused of serious offences. The prison authorities have explained this situation

by citing the high number of detainees and the lack of space.

24. In May, medical examinations given to detainees in Conakry prison detected

56 cases of beriberi, an illness that has led to the death of one inmate. Two of the caterers

appointed by the Ministry of Justice to provide food for detainees informed the Office of

the United Nations High Commissioner for Human Rights that they were no longer able to

feed detainees to an acceptable standard because they had not been paid for several months.

The same situation has been observed in the country’s other prisons. The country office

found five detainees in Guinée forestière who were suffering from paralysis of the legs.

According to the detainees and the prison authorities, the paralysis was linked to various

factors, including a lack of vitamins in their diet; overcrowding, which prevented

recreational activities; and infrequent medical check-ups. The country office also noted

shortages in the pharmacies at the Yomou and Lola prisons, leaving detainees without

appropriate medical care. The judicial and prison authorities request support for partners

operating in the area of health.

25. The country office is beginning to observe the positive effects of its awareness-

raising sessions conducted through radio broadcasts and presented by human rights

defenders. Indeed, citizens are submitting increasing numbers of cases to the country office

through the monitors of the Office of the High Commissioner for Human Rights. These

monitors are members of civil society whom the Office has trained to track the human

rights situation during elections. For example, a group of parents contacted the country

office after their children (seven young boys in total) were questioned by officers of mobile

squadron No. 10 in Nzérékoré, who demanded payment of 100,000 Guinean francs (US$

12) per child as a “summons fee”.

26. The country office’s intervention allowed the authorities to take over the case and to

ensure compliance with the relevant procedures.

D. Right to health

27. The Ebola virus disease, which had a significant impact on Guinea between 2014

and 2016, highlighted the weaknesses in the country’s health system. In March, after more

than four months without a new case, the illness reappeared in Guinée forestière, causing

the deaths of seven persons, including three women. The disease was contained by stepping

up awareness-raising campaigns, particularly those aimed at women, who, according to

partial statistics, are disproportionately affected by the disease, and by implementing

isolation measures. The health authorities have launched a vaccination campaign for

contact persons and health workers on the front line in the fight against the virus. In

August, the World Health Organization declared the end of the Ebola epidemic in Guinea.

28. As part of the post-Ebola resilience plan that the country is currently implementing

with the assistance of development partners, general reforms to the health system have

begun. The Donka University Hospital in Conakry, the largest hospital in the country, has

been undergoing renovations since 2015. The Government has also begun work to build

improved health centres in Conakry and other areas of the country to facilitate the rapid

treatment of diseases with the potential to cause an epidemic.

29. In August, the results of the competitive examinations organized in 2015 to recruit

2,950 health workers to the public sector were published.

30. In November, the first stone was laid in the construction of the Pasteur Institute. The

Institute will permit the analysis of samples of infectious diseases; the lack of such a facility

led to the rapid spread of Ebola between March 2014 and August 2016.

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E. Fight against impunity

31. Despite the notable efforts made by the Government to reform the justice and

security sectors, impunity remains a major challenge. In his previous report, the High

Commissioner reported that many criminal cases involving law enforcement officials

remained pending before the courts. At the time of the present report’s publication, no

progress had been recorded in those cases. Despite regular summonses, the three gendarmes

mentioned in cases involving violations of the right to life and acts of torture continue to

refuse to appear before the courts, claiming that their superiors have not authorized them to

do so.

32. In April, following the dissemination on social networks of images depicting acts of

torture and inhuman and degrading treatment inflicted by officers of Crime Squad No. 8,

located in the Kakimbo forest in the commune of Ratoma, Conakry, on a young man

suspected of involvement in an armed attack, the Ministry of Security and Civil Protection

suspended the 12 officers concerned, among whom were both gendarmes and police

officers. Human rights defence associations have lodged a complaint with the courts on

behalf of the victim and have brought civil actions.

33. The Judicial Investigation Directorate of the gendarmerie received a request for

judicial assistance from the prosecutor’s office at the Dixinn court of first instance; it began

to question the alleged perpetrators of these human rights violations, but then brought

proceedings to a halt without explanation. A criminal investigation officer questioned by

the Office of the High Commissioner for Human Rights claimed that the proceedings were

halted on the instructions of the authorities, without providing more details. The Ministry of

Security and Civil Protection lifted the suspension of the alleged perpetrators of these acts

of torture, thus allowing them to resume their duties. However, the complaints remain

pending before the courts.

34. In the days that followed the events of June 2016 involving the commander of the

infantry camp in the prefecture of Mali, the Chief of General Staff of the Armed Forces

relieved the officer of his duties. The Labé court of first instance and the military court

opened a judicial investigation. The Minister of Justice attended the scene to determine the

facts. The country office deployed a team on the ground and reported on these events to the

competent authorities and recommended a number of measures. However, to date, the legal

proceedings remain pending before the courts, and the victims are still awaiting justice.

35. Other major cases of mass human rights violations are yet to be dealt with. The case

relating to the events of 28 September 2009, during which more than 150 persons were

killed and more than 100 women raped, remains pending before the courts. Despite the

notable progress made in the investigations, particularly the charging of 14 persons,

including Captain Moussa Dadis Camara and General Mamadouba Toto Camara, the

President and Vice-President of the junta in power at the time of the events, and the

willingness of the Guinean authorities at all levels to cooperate with the international

community, particularly the International Criminal Court, the victims are yet to obtain

justice. Moreover, some of those charged with crimes against humanity by the courts

continue to occupy positions of significant responsibility. For example, in March, the Head

of State appointed a general who had been charged in relation to this case to the post of

Governor of Conakry. According to the judicial authorities, the trial could not go ahead in

2016 because two key individuals could not be questioned.

36. Victims’ associations commemorated the seventh anniversary of the events of

September 2009 in the hope that in 2017 a fair trial will be held that leads to the sentencing

of the perpetrators of these crimes and to reparations for violations suffered. Furthermore, 4

of the 14 persons charged are in pretrial detention, 2 of them since 2010, thus constituting

arbitrary detention under the Code of Criminal Procedure, which fixes the maximum

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duration of pretrial detention at 12 months for most offences and 24 months for more

serious offences such as paedophilia, international drug trafficking and endangering State

security.

37. The case of the alleged attack on the Brazilian company Zagope by villagers from

Zogota in the region of Nzérékoré, Guinée-Forestière, and the attack by defence and

security forces against inhabitants of that village on the night of 3 August 2012, remains

pending.

F. Administration of justice and conditions of detention

38. In July, the National Assembly adopted new legislation, a new Criminal Code and a

new Code of Criminal Procedure, which were promulgated in October. This legislative

reform reflects major progress in many areas. A definition of torture that complies with the

definition contained in article 1 of the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment was introduced for the first time. The new

Criminal Code incorporates into Guinean law the provisions of many international human

rights instruments, such as the Rome Statute of the International Criminal Court, and the

observations of treaty bodies, including the Committee on the Rights of the Child and the

Committee on the Elimination of Discrimination against Women.

39. The death penalty does not feature in the new Criminal Code; the Code no longer

provides for the punishment of any offence by that penalty.

40. This reform also confirmed the June 2015 reorganization of the judiciary, which

aimed to bring the justice system closer to the people and to reduce the long periods of

pretrial detention caused by the failure of the assize courts to sit regularly. The two assize

courts, which previously sat in Conakry and Kankan and which were competent to rule on

criminal cases, have been disbanded in favour of courts of first instance in each prefecture,

including three in Conakry, which are now competent to rule on such cases.

41. However, this reorganization has yet to take effect. In August, the principal

prosecutor’s office at the Conakry court of appeal wrote to the Indictments Chamber to

formally request that it no longer issue committal orders committing defendants to the

assize courts. However, most courts of first instance lack the staff, premises and financial

and logistical resources to function properly, consequently placing accused persons in a

legal impasse. Hundreds of accused persons are currently being held in prisons around the

country without knowing when they will stand trial, the court competent to try them having

been disbanded in favour of new courts that are not yet operational.

42. For example, in December 2016 the Conakry prison, which houses three-quarters of

detainees, held 1,643 persons, including 643 convicted persons, 67 women and 128 minors.

Some accused persons have been awaiting trial for more than 10 years, a situation

constituting arbitrary detention (see paragraph 36).

43. The weakness of the justice system has meant that many citizens have lost

confidence in it. Revenge and mob justice are increasing at an alarming rate in Guinea. The

country office has been informed of a total of 17 cases of persons (all men) who were

allegedly killed as a result of mob justice in 2016, including five persons who were

abducted from the security services to be lynched. In June, five suspected motorcycle

thieves were burned alive by an angry crowd in Nzérékoré. In March, two young men met

the same fate, for the same reason, in Macenta, in the administrative region of Nzérékoré,

Guinée forestière. Similar cases of mob justice have been observed in the capital, Conakry;

in Dabola, Siguiri and Kankan in Haute-Guinée; and in Mamou and Labé in Moyenne-

Guinée.

GE.17-00658 9

44. The perpetrators of these lynchings explain their actions by their lack of trust in the

justice system. Some of the suspected criminals killed by the population were allegedly

repeat offenders who had received long prison sentences, but who had been released before

completing them. Others had been arrested and handed over to the security services or the

justice system, but had been released without trial.

45. These lynchings are ordered and carried out by ordinary citizens who attack police,

gendarmerie, prison and justice system premises to remove suspects and accused persons

before killing them, with complete impunity.

G. Gender-based violence

46. In his previous report, the High Commissioner recommended that Guinea strengthen

its strategies to combat female genital mutilation, including excision, and to combat all

forms of discrimination against women and girls. In August, the Prime Minister launched a

national campaign against excision, which affects 97 per cent of Guinean women and girls

according to the latest national demographic and health survey, carried out in 2012.

47. Despite the efforts of the Government and its national and international partners,

gender-based violence remains a major cause for concern in Guinea. At the national level,

in 2016 the Office for the Protection of Gender, Children and Morals recorded 643 cases of

gender-based violence, including 117 cases of rape. Of those 117 cases, 97 were committed

against minors, 71 of whom were girls. More than 10 cases of rape, in all of the country’s

natural regions, were submitted to the country office in 2016. The majority concerned girls

aged from 2 to17 years and were committed by a family member, neighbour or teacher. The

suspected perpetrators in these cases were arrested, brought before the courts and are

awaiting trial. Staff of the country office met with the Office for the Protection of Gender,

Children and Morals to explore why young girls aged up to 13 years are the most

commonly targeted group. The Office is currently conducting a study into the causes of

such violence.

48. However, in many of the cases of rape reported to the country office, proceedings

are abandoned because of the following reasons: shortcomings in the security services; the

mediation and influence of parents, public figures, religious leaders, politicians or military

chiefs; and arrangements between victims, perpetrators, security services or judges, in

violation of the provisions of article 1 of the Code of Criminal Procedure.

49. In July 2016, the Government made a statement during a campaign launch workshop

and in the press asking all authorities to ensure that no cases of excision occurred during the

school holidays. However, the country office noted that excision camps were held in most

villages in Guinée forestière. Despite a number of complaints and trials, the sentences

handed down remain lenient and are limited to suspended prison sentences and fines.

IV. Cooperation to promote and protect human rights

A. Transitional justice and national reconciliation process

50. In 2016, the country office of the United Nations High Commissioner for Human

Rights in Guinea made a significant contribution to the transitional justice process, which is

intended to allow Guinea to shed light on its past, allocate responsibility, redress wrongs

10 GE.17-00658

and undertake actions to ensure that human rights violations are not repeated.1 The country

office provided expertise in developing and validating national consultation tools and

contributed to the success of the various stages of the national consultations, from the

development of the project through to the dissemination of the recommendations.

51. From 15 to 25 February, the country office took part in the organization of national

pre-consultation sessions in Conakry, Boké and Kindia. This exercise made it possible to

test the tools that had been developed and to recommend ways of improving them. From 7

March to 11 April, the country office was involved in providing technical training to the

international firm recruited to ensure that the national consultations, which took place in the

seven administrative regions of the country, were in line with relevant existing international

standards. Following the consultations, the Provisional Commission for Reflection on

National Reconciliation, with technical support from the country office, held a national

workshop on 31 May to present the final report on the national consultations. With regard

to the participatory nature of the consultations, the country office took part in the

information session for civil society and professional media organizations that was held

from 13 to 27 June to publicize the results of the national consultations to the general

public. Throughout the process, the country office held discussions with officials of

victims’ associations and encouraged them to pool their resources and work together to

defend their rights.

52. On 29 June, the Provisional Commission for Reflection on National Reconciliation

organized an official ceremony in Conakry to present to the President of the Republic the

interim report on the national consultations in support of the national reconciliation process

in Guinea. The contribution made by the country office to the organization of the national

consultations was highly appreciated by all the stakeholders involved.

53. Furthermore, from 26 to 29 July, the country office organized a training session for

all members of parliament entitled “Strengthening parliament as a guardian of human rights

and a guarantor of the national reconciliation process in Guinea contributes to

peacebuilding”. The subject chosen for the training session helped to raise legislators’

awareness of their responsibilities in promoting and protecting human rights and of the

need to shed light on the past and to allocate responsibility. At the end of the workshop,

women parliamentarians committed themselves to bringing together political stakeholders,

making quality contributions to the drafting and adoption of a law on the establishment of a

truth commission and striving to better incorporate the human rights approach in

parliamentary work.

B. Cooperation with international human rights protection mechanisms

54. On 2 and 3 June, the country office provided a coalition of non-governmental

organizations (NGOs) involved in combating the trafficking and exploitation of children in

Guinea with technical support in organizing and conducting a workshop on the planning of

advocacy activities for the implementation of the recommendations made to Guinea by:

1 According to the International Commission of Inquiry into the events of 28 September 2009, “in order

to enable the people of Guinea to make a fresh start, it is also necessary to shed light on the painful

past that Guinea has experienced since its independence, with a view to promoting national

reconciliation. It is in fact impossible to promote reconciliation, with respect for each individual and

each sector of society, without making the search for truth a prerequisite for this much needed

exercise. This historical clarification has a number of benefits. In addition to relieving the suffering of

victims, it would help lay the foundations for policies and mechanisms aimed at ensuring that the

same mistakes are not made again”.

GE.17-00658 11

(a) The Committee on the Rights of the Child (following consideration in 2013

of the second periodic report of Guinea on the implementation of the Convention on the

Rights of the Child);

(b) The African Committee of Experts on the Rights and Welfare of the Child

(following consideration in 2014 of the initial report of Guinea on the implementation of

the African Charter on the Rights and Welfare of the Child);

(c) The Human Rights Council (following the second universal periodic review

of Guinea in January 2015), particularly the recommendations concerning the rights of the

child.

55. In May, the country office helped the Ministry of National Unity and Citizenship to

prepare a technical note on the organization of a midterm review of the implementation of

the recommendations of the second universal periodic review of Guinea in 2015. Through

this technical note, the Minister sought support from the Government for implementation of

those recommendations before the next deadline in 2019. The country office continued to

provide technical support to the Ministry in organizing a national conference on human

rights, scheduled to take place before the end of 2016, that would also include an

implementation plan for the recommendations made in the course of the 2015 universal

periodic review and those made by the various treaty bodies.

56. During the reporting period, the country office encouraged the various stakeholders

to provide input and formulate recommendations for the dialogue to be held at the thirty-

fourth session of the Human Rights Council on the follow-up to resolution 31/29, at which

particular emphasis would be placed on the fight against impunity.

57. With regard to special procedures, the Independent Expert on the enjoyment of

human rights by persons with albinism accepted an invitation to visit Guinea in the second

half of 2016.

C. Strengthening the rule of law

58. As in 2015, the country office of the United Nations High Commissioner for Human

Rights in Guinea continued to support Guinea in strengthening the rule of law, including in

the areas of security, justice and governance of the mining sector.

59. As part of the security sector reform process, technical support was provided in

partnership with the Strategic Orientation Commission for Security Sector Reform. This

support resulted in human rights being incorporated into induction training programmes for

the defence and security forces (police and gendarmerie academies, military schools and

training centres in Guinea) through the development and validation of four training

modules in human rights and the training of a pool of 40 trainers and in-service instructors

at these institutions. The country office provided technical expertise to the Ministry of

Security and Civil Protection in drafting and publishing a code of ethics for the national

police in Guinea. According to the provisions of Decree No. D/2016/262/PRG/SGG of 25

August 2016, which governs this code, the national police is required to perform its duties

in accordance with the Universal Declaration of Human Rights, international conventions,

the Constitution and the law.

60. From 9 to 12 August, the country office, in accordance with the recommendations

made by the “Defence” Sectoral Committee on Security Sector Reform, held an

information and awareness-raising workshop in Samoreya camp in Kindia for 178 members

of the Gangan battalion, including three women, who were awaiting deployment on an

international peacekeeping mission. During this capacity-building exercise, which was

organized in collaboration with the Chief of Staff of the Armed Forces and the International

12 GE.17-00658

Committee of the Red Cross, with the support of the United Nations Peacebuilding Fund,

participants were made aware of various issues relating to human rights, international

humanitarian law in the context of peacekeeping, the fight against gender-based violence

(with an emphasis on the relevant guidelines issued by the Secretary-General of the United

Nations) and the protection of civilians.

61. With regard to the reform of the justice sector, the country office continued to

contribute to the work of the national commission responsible for revising the Criminal

Code, the Code of Criminal Procedure, the Code of Military Justice and the Civil Code.

62. The revised Criminal Code and the revised Code of Criminal Procedure were

adopted on 4 July by the National Assembly and promulgated on 7 October by the

President of the Republic. They take full account of human rights and specific issues related

to gender-based violence, in accordance with the relevant international legal instruments to

which Guinea is a party.

63. The country office focused on strengthening coordination mechanisms for

stakeholders working to combat gender-based violence. To this end, it revitalized regional

committees for the prevention and management of gender-based violence in the regions of

Nzérékoré and Kankan. This approach made it possible to monitor the actions of

stakeholders in the fight against such violence, develop partnerships, expand existing

mechanisms and strengthen capacities for collecting, processing and exchanging

information.

64. The country office also conducted a campaign to raise women’s awareness of their

role in promoting and protecting human rights in general and fighting gender-based

violence in particular. The women concerned, who were selected from women’s groups,

have begun to raise the awareness of rural women through a media-supported campaign

that has reached over 150 individuals.

65. The country office is also engaged in drafting and finalizing the United Nations

Peacebuilding Fund project “Support for justice sector reform and the fight against

impunity in Guinea” in partnership with the United Nations Development Programme.

Developed in response to needs that had repeatedly been expressed by the Government of

Guinea, this project focuses on three main goals: making the military justice system

operational, improving the criminal justice system and establishing access to justice,

especially for women and minors.

66. In the area of mining sector governance, the country office provided technical and

financial support in March, April and July to the National Assembly commissions on

mining and the environment to enable them to conduct two field visits to Haute-Guinée

(Kouroussa, Kankan, Siguiri and Dinguiraye) and Basse-Guinée (Conakry, Boké, Boffa,

Dubreka and Forécariah), which are considered to be risk areas. These field visits enabled

the members of these commissions to monitor the implementation of national legislation on

mines and the environment, transparency in mineral-resource management and the

mainstreaming of human rights in the protection of the environment and mining

communities. In September and October, the country office undertook capacity-building

activities in each administrative region of the country aimed at members of consultation

committees in mining towns to ensure that greater account was taken of human rights

concerns in conflict prevention and management in mining areas in Guinea. The

participation of regional governors in each of these regional activities reflected the

importance of human rights issues in mining areas in view of their contribution to the

national economy.

67. As to the national independent human rights institution, during the reporting period

it was involved in providing training to law enforcement officials on the occasion of the

United Nations International Day in Support of Victims of Torture in June and then to local

GE.17-00658 13

consultation committees in mining towns in October. Lastly, during the session held to

approve human rights training programmes for the defence and security forces, the national

independent human rights institution made a number of important contributions,

particularly in relation to the issues of detention and law enforcement. However, the

capacity of this institution must be strengthened to ensure its operational independence and

to enable it to produce reports under its mandate, on the human rights situation, in

accordance with article 29 of the Act on its organization and operation.

68. The celebration of the United Nations International Day in Support of Victims of

Torture, on 26 June, was an opportunity for the country office to raise awareness among

law enforcement officials (members of the armed forces, the police, gendarmes, judges) of

issues related to torture and the Government’s commitment to tackling this practice in

Guinea.

69. With respect to action to combat violence against women, the country office, in

partnership with the international polyclinic and the forensic institute of Conakry, held a

training workshop in July for 54 criminal investigation officers and judges, including six

women stationed in Conakry, on their role in tackling gender-based violence with a view to

enhancing the ability of the criminal justice system to address the issue of medical

certificates.

70. The country office played an active role in reviewing the United Nations joint

programme for the administrative region of Kankan. The review was conducted from 6 to

10 June in the prefectures of Siguiri, Kankan, Kérouané and Mandiana by a team from the

inter-agency monitoring and evaluation group, which is made up of representatives of the

offices of the United Nations Resident Coordinator, the United Nations High Commissioner

for Human Rights, the Food and Agriculture Organization of the United Nations, the United

Nations Development Programme and the United Nations Children’s Fund in Conakry and

the United Nations system team in Kankan (the offices of the United Nations Children’s

Fund, the United Nations Development Programme, the United Nations Population Fund,

the World Health Organization and the World Food Programme in Kankan). This exercise

made it possible to identify the strengths and weaknesses of the joint programme and to

better target the support that will be provided by the United Nations to the development of

the region (including with regard to specific human rights issues) in the years to come.

71. During the reporting period, the country office, together with members of the United

Nations country team, contributed to the development of the common country assessment

for 2016 and the drafting of the United Nations Development Assistance Framework 2018-

2022. Within this framework, the country office ensured compliance with the principles of

United Nations programmes, including by ensuring the incorporation of a human rights and

gender-based approach.

D. Support for civil society organizations

72. The country office has maintained and strengthened its partnership with civil society

organizations and its support for them. Actions have focused on raising awareness and

building the capacities of civil society stakeholders and the technical, logistical and

financial support that they are given. Particular attention should be drawn to the following

actions:

(a) The organization of a training workshop on techniques for conflict prevention

and management for members of the joint security and confidence-building units along the

northern border of Guinea (Moyenne-Guinée) and in Labé and Mamou from 18 to 26

August, which was run by the Mano River Women’s Peace Network;

14 GE.17-00658

(b) The provision of technical support to the campaign to raise awareness of the

promotion and protection of women’s rights, organized by the Fondation internationale

Thierno et Mariam Thierno, from January to April, in various communes in Conakry, in

partnership with the German embassy and the country office;

(c) The provision of technical support to the strategic planning workshop for the

selection of women candidates in local elections, organized by the National Democratic

Institute with financial support from the United States Agency for International

Development and the United Nations Development Programme in May;

(d) The provision of technical support to the NGO Alliance pour la promotion de

la gouvernance et des initiatives locales (Alliance to promote governance and local

initiatives) over the course of three awareness-raising sessions on human rights and youth

employment attended by 70 participants;

(e) The provision of technical support to the NGO Jeunesse-École-Avenir

(Youth-School-Future) during a session for 200 young people to raise awareness of human

rights and peace held in March and participation in a session to raise awareness of

democracy and African leadership in conjunction with 15 members of the Catholic

association Enseignants et éducateurs de Guinée (Teachers and educators of Guinea);

(f) The provision of technical and financial support to a consortium of 35 human

rights NGOs engaged in advocating for the abolition of the death penalty and the adoption

of the draft criminal code, the draft code of criminal procedure, the draft code of military

justice and the draft civil code, as revised by the National Assembly at its legislative

session in April;

(g) The organization in August of two training workshops for 38 human rights

defenders and members of human rights NGOs operating in the 15 prefectures of Guinée

forestière and Haute-Guinée;

(h) The organization in October of a training workshop for 35 members and

officers of the NGO Action pour la protection des droits de l’homme (Action for the

Defence of Human Rights), operating in the prefecture of Lola in the Nzérékoré region.

73. Lastly, the country office organized several consultation meetings and coordination

actions on its premises with NGOs that addressed the current sociopolitical situation from a

human rights perspective, the activities planned in support of the national consultations for

reconciliation in Guinea and the support afforded to the local election process. These

meetings provided an opportunity to share expertise between civil society organizations and

the country office and to facilitate the monitoring of reported cases of human rights

violations.

V. Conclusions and recommendations

74. The High Commissioner acknowledges the efforts made by the Government in

implementing its action plan on national reconciliation. It has conducted inclusive and

participatory national consultations throughout the national territory.

75. The Government has also initiated significant reforms of its criminal justice

system that take many human rights concerns into account. The most important

aspects of these reforms include the abolition of the death penalty, the introduction of

a definition of torture and an appropriate penalty for that offence, the abolition of

magistrate’s courts and the establishment of new courts of first instance and courts of

appeal.

GE.17-00658 15

76. However, the Office of the High Commissioner for Human Rights notes that

little progress has been made in the fight against the impunity enjoyed by the

perpetrators of human rights violations, particularly those who belong to the security

or defence forces. Impunity also remains a feature of the fight against gender-based

violence, including female genital mutilation, the perpetrators of which have hardly

ever been brought before the courts.

77. In the light of the observations contained in this report, the Office of the High

Commissioner for Human Rights recommends that the Government of Guinea:

(a) Strengthen the fight against impunity at all levels, including among

members of the defence and security forces, specifically by ensuring that trials

relating to the events of 28 September 2009 go ahead;

(b) Suspend from duty the individuals charged in cases relating to the events

of 28 September 2009, pending the completion of the judicial process;

(c) Give effect to the reorganization of the judiciary to allow trials to be held

on a regular basis and to end wrongful pretrial detention;

(d) Raise public awareness of the explicit ban on taking the law into one’s

own hands and prosecute the perpetrators of mob justice;

(e) Strengthen the implementation of strategies for combating female genital

mutilation, including excision, and all forms of discrimination against girls and

women;

(f) Train members of the judiciary in the obligation to respect gender

equality when formulating their judgments, particularly those decisions which

concern gender-based violence (such as female genital mutilation, etc.);

(g) Implement the recommendations made by the Provisional Commission

for Reflection on National Reconciliation on the basis of the national consultations, in

particular the recommendation concerning the establishment of a body responsible

for conducting the national reconciliation process;

(h) Provide the national independent human rights institution with the

financial and logistical resources that it needs to function effectively.

78. The Office of the High Commissioner for Human Rights recommends that the

international community:

(a) Maintain the assistance needed to continue the reform of the defence and

security forces and the judiciary;

(b) Continue providing assistance to the Government for the post-Ebola

recovery plan;

(c) Provide the Government with the necessary financial and technical

assistance to support its efforts to abolish female genital mutilation, including

excision, and to enhance the realization of women’s rights.