Rights in Exile Programme

Refugee Legal Aid Information for Lawyers Representing Refugees Globally

Guinea LGBTI Resources

(See Below for Case Law, Evidence of Public Attitudes, NGOs that Assist or Advocate on LGBTI issues, and Country of Origin LGBTI Specialists)

Homosexuality is illegal in Guinea. Articles 325-327 of the Penal Code criminalise same-sex activity (unofficial translation):
Paragraph 3: Indecent Assault

Article 325:
Anyone who commits an act that is obscene or against nature with an individual of the same sex will be punished by 6 months – 3 years imprisonment and a fine of between 100,000 – 1,000,000 Guinean francs. If the act is committed with a minor younger than 21 years of age, the maximum penalty will be enforced. If this act is consummated or attempted with violence, the guilty party will be subjected to a punishment of imprisonment for a term of between 5 and 10 years.

Paragraph 4: Public Outrage against Decency

Article 326:
Any intentional act performed publicly which could potentially offend the sense of decency and the morals of people who are involuntarily witness to it shall constitute a public outrage against decency.

Article 327:
Any person who has committed a public outrage against decency will be punished to between 3 months – 2 years imprisonment and a fine of 50,000 – 450,000 Guinean francs or only one of the two. When the outrage has been committed by a group of individuals, the punishment laid out in the above paragraph of this article shall be doubled.

The above articles in the Guinean Penal Code directly violate the provisions of the Constitution, which guarantees equality for all citizens in Article 1.

CASE LAW

A gay Guinean man sought refuge in Belgium in 2009 after his father caught him engaged in a sexual act with a man. He was incarcerated for 8 months in Guinea. His initial request for asylum in Belgium was refused but he successfully appealed the decision in June 2010.

PUBLIC ATTITUDES AND/OR STATE'S CAPACITY TO PROTECT

The topic of homosexuality is taboo in Guinea and is treated as though it does not exist. The US Department of State's Human Rights Report 2010 states that there exist ‘deep social, religious and cultural taboos against homosexual conduct.’ Despite this, there were no official reports of discrimination based on sexual orientation. However, a Working Paper published by World Bank reports that members of the LGBTI community are stigmatised and are sometimes victims of ‘severe hate crimes.’

In 1997 the film Dakan was released which focused on a LGBTI Guineans. The film was met with opposition within Guinean society and there were furious protests during filming due to the controversial subject matter of the film.

NON-GOVERNMENTAL ORGANIZATIONS (NGOs)

No NGOs were found that focus specifically on issues faced by the LGBTI community in Guinea.

COUNTRY OF ORIGIN SPECIALISTS

No Country of Origin specialists were found that focus specifically on issues faced by the LGBTI community in Guinea.  We would be grateful if users of the website could refer us to specialists with specific knowledge of the issues faced by the LGBTI community in Guinea.

 

Researched by: Rhiannon Archer

Email: rhi [dot] archer [at] gmail [dot] com (rhi.archer[at]gmail.com)

 

 

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