Guinea: Treatment of sexual minorities by society and the authorities, including legislation, state protection and support services (2007-February 2014)

1. Legislation

Sources state that same-sex sexual activity is criminalized in Guinea (US 27 Feb. 2014, 28; ILGA May 2013, 47; Belgium et al. Mar. 2012, 20). More specifically, Article 325 of the Penal Code of Guinea states the following:

[translation]

Any indecent act or act against nature committed with an individual of the same sex will be punished by six months to three years of imprisonment and a fine of 100,000 [about C$16 (XE 21 Mar. 2014)] to 1,000,000 Guinean francs (Guinea 1998, Art. 325).

The Penal Code also imposes sentences of three months to two years of imprisonment and fines of 50,000 to 450,000 Guinean francs for [translation] "public indecency," which is defined as "any intentional act committed publicly and likely to offend the decency and the moral sentiments of those who are its inadvertent witnesses" (ibid., Art. 326-327).

Sources state, however, that there have been no cases of judicial prosecution for homosexuality in the country (OGDH 19 Mar. 2014; US 27 Feb. 2014, 28; Belgium et al. Mar. 2012, 20).

2. Treatment of Sexual Minorities by Society

2.1 General Attitudes

Sources state that homosexuality is considered [translation] "taboo" in Guinea (OGDH 19 Mar. 2014; Aminata.com 28 Feb. 2014; Belgium et al. Mar. 2012, 20). According to the US Department of State's Country Reports on Human Rights Practices for 2013, there are "deep religious and cultural taboos" against same-sex sexual conduct (US 27 Feb. 2014, 28). In written correspondence sent to the Research Directorate, a representative of the Guinean Organization for the Defence of Human and Citizens' Rights (Organisation guinéenne de défense des droits de l'homme et du citoyen, OGDH), an association created in 1990 (IRRI n.d.), states that homosexual practices [translation] "are unanimously condemned by the various components of the Guinean population" (OGDH 19 Mar. 2014). Aminata.com, a website that covers Guinean news, states that [translation] "homosexuality is poorly viewed," adding that "in a country where cultural and religious values are largely shared, it will take time for homosexuality to be tolerated" (Aminata.com 28 Feb. 2014).

According to a report on an observation mission conducted jointly by the Office of the Commissioner General for Refugees and Stateless Persons (Commissariat général aux réfugiés et aux apatrides, CGRA) in Belgium, the French Office for the Protection of Refugees and Stateless Persons (Office français de protection des réfugiés et apatrides, OFPRA), and the Federal Office for Migration in Switzerland (Office fédéral des migrations de la Suisse, ODM) from 29 October 2011 to 19 November 2011, homosexuality is considered to be [translation] "behaviour that is not compliant with social order and homosexual people are often forced to keep their sexual orientation quiet in order not to be rejected" (Belgium et al. Mar. 2012, 20). Aminata.com similarly states that [translation] "some feel forced to hide their sexual preferences" (Aminata.com 28 Feb. 2014).

According to the mission report, [translation] "there are no or few accredited places frequented by the homosexual community, but rather informal and temporary places," while there are bars that have "tolerant" managers (Belgium et al. Mar. 2012, 20). The mission report adds however that these bars [translation] "often face pressure and some have been closed by the authorities because of prostitution" (ibid.). The authors of the mission report collected information on the situation of homosexual people in Guinea during an interview with a representative of the Rainbow Africa Association (association Afrique Arc-en-ciel) in Conakry (AAEC-Conakry) (Belgium et al. Mar. 2012, 20). AAEC, set up in France, in Lomé in Togo and in Conakry in Guinea, is an association that furthers the growth of the homosexual community in sub-Saharan Africa and of members of that community who have emigrated in France (AAEC 30 Jan. 2013). According to information from that representative,

[translation]

because of the family's key role in Guinean society, it is the first factor in the integration or rejection of the homosexual person.

...

Financial independence is an essential factor in avoiding marginalization, even exclusion, both at the family and society level. If, moreover, a homosexual person is able to provide for the needs of their family, their homosexuality does not constitute a problem for their family (Belgium et al. Mar. 2012, 20, 21).

In correspondence sent to the Research Directorate, a representative of AAEC-Conakry repeated that a man who has sexual relations with other men may keep his family's respect if he is financially independent and if he supports his family (AAEC-Conakry 15 Mar. 2014). Corroborating information could not be found among the sources consulted by the Research Directorate.

According to the mission report,

[translation]

the extreme poverty of the majority of the Guinean population, associated with the marginalization that homosexuals may face, explains the fact that they have the greatest difficulties finding income-generating activities. For that reason, homosexual prostitution for survival has developed, especially among expatriates living in the capital (Belgium et al. Mar. 2012, 21).

Corroborating information could not be found among the sources consulted by the Research Directorate.

Sources note that Guinean religious authorities condemn homosexual practices (OGDH 19 Mar. 2014; AAEC-Conakry 15 Mar. 2014; L'Express Guinée 7 Apr. 2013). In particular, Aminata.com states that an imam described as [translation] "one of the highest religious authorities in Guinea" condemned the practice of homosexuality after a rumour circulated in early 2014 that homosexuality could be decriminalized (28 Feb. 2014). Sources note that Muslims constitute over 90 percent of the population in Guinea (OGDH 19 Mar. 2014; AAEC-Conakry 15 Mar. 2014).

2.2 Violence and Discrimination

According to the mission report, homosexual people are forced to adopt [translation] "a public behaviour that does not infringe on social norms, at the risk of being exposed to isolated acts of violence and poor treatment by their family or security forces" (Belgium et al. Mar. 2012, 20). An article from the newspaper L'Express Guinée recounts the situation of a homosexual person who has been the victim of insults and threats since the people in the neighbourhood where he works, in suburban Conakry, found out about his sexual orientation (L'Express Guinée 7 Apr. 2013).

According to Aminata.com, homosexuals [translation] "face lynching and massacres in a number of neighbourhoods of the city of Conakry" (28 Feb. 2014). Corroborating information could not be found among the sources consulted by the Research Directorate. The representative of AAEC-Conakry stated however that the cases of violence are not frequent (AAEC-Conakry 15 Mar. 2014).

Also according to the representative of AAEC-Conakry, discrimination towards sexual minorities is [translation] "common" in some neighbourhoods, in mosques and in other public places (ibid.). Country Reports for 2013 states, however, that no cases of discrimination against sexual minorities were reported by the authorities or NGOs in 2013 (US 27 Feb. 2014, 28). However, the same source notes that it is "likely" that societal stigma prevented victims from reporting abuse or harassment (ibid.).

3. Treatment of Sexual Minorities by the Authorities

According to Country Reports for 2013, anti-discrimination laws do not apply to sexual minorities in Guinea (ibid.). The representative of AAEC-Conakry also stated that there is no law protecting men who have sexual relations with men (AAEC-Conakry 15 Mar. 2014).

According to Country Reports for 2013, a special unit of the Office for Protection of Women, Children and Morals, which is part of the national police, was created in August 2012, to investigate morals violations, including same-sex sexual conduct (US 27 Feb. 2014, 22, 28). The source also notes that in 2013, some cross-dressing men were arrested by the authorities on public nuisance charges (ibid.). The representative of AAEC-Conakry stated that in October 2013, some police officers proceeded to [translation] "illegally arrest" 33 men, who had had sexual relations with other men, during a raid on a nightclub, in the neighbourhood of Gbessia, in Conakry (AAEC-Conakry 15 Mar. 2014). Corroborating information could not be found among the sources consulted by the Research Directorate.

4. Protection Provided and Support Services

The representative of AAEC-Conakry stated that there is no recourse for sexual minorities, given that the public services [translation] "condemn" them (ibid.). The mission report also notes that, because of the taboos, homosexual people are forced to hide their sexuality from health professionals (Belgium et al. Mar. 2012, 20).

The mission report also states that no official assistance or awareness program exists (Belgium et al. Mar. 2012, 20). However, the representative of AARC-Conakry stated that the National Committee to Fight Against AIDS (Comité national de lutte contre le sida) had taken preventive action for sexual minorities (AAEC-Conakry 15 Mar. 2014).

Country Reports for 2013 states that there are no active organizations fighting for the rights of sexual minorities in Guinea (US 27 Feb. 2014, 28). According to the mission report, it is [translation] "very difficult to find homosexual rights associations in Guinea" while the AAEC-Conakry organization [translation] "holds secret meetings" without however being legally registered (Belgium et al. Mar. 2012, 20). According to the report, the objectives of AAEC-Conakry are to [translation] "take a census of the gay population of Guinea, to better inform it of the fight against the spread of AIDS and other sexually transmitted diseases" (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Afrique Arc-en-ciel (AAEC). 30 January 2013. "Découvrir Afrique Arc-en-Ciel." [Accessed 25 Mar. 2014]

Afrique Arc-en-ciel Conakry (AAEC-Conakry ). 15 March 2014. Correspondence from the Coordinator to the Research Directorate.

Aminata.com. 28 February 2014. Alpha Oumar Diallo. "L'homosexualité en Guinée fustigée par le grand Imam de la mosquée Faycal." [Accessed 14 Mar. 2014]

Belgium, France and Switzerland. March 2012. Commissariat général aux réfugiés et aux apatrides (CGRA), Office français de protection des réfugiés et apatrides (OFPRA) and Office fédéral des migrations (ODM). Rapport de mission en République de Guinée 29 octobre - 19 novembre 2011. [Accessed 14 Mar. 2014]

L'Express Guinée. 7 April 2013. Kholayah Sylla. "Guinée : Protection des homosexuels et des lesbiennes, un sujet à polémique." [Accessed 14 Mar. 2014]

Guinea. 1998. Loi n° 98/036 du 31 décembre 1998 portant code pénal. [Accessed 18 Mar. 2014]

International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). May 2013. Lucas Paoli Itaborahy and Jingshu Zhu. State-Sponsored Homophobia: A World Survey of Laws: Criminalisation, Protection and Recognition of Same-Sex Love. [Accessed 14 Mar. 2014]

International Refugee Rights Initiative (IRRI). N.d. "Organisation guinéenne de défense des droits de l'homme et du citoyen (OGDH)." [Accessed 28 Mar. 2014]

Organisation guinéenne de défense des droits de l'homme et du citoyen (OGDH). 19 March 2014. Correspondence from the Coordinator to the Research Directorate.

United States (US). 27 February 2014. Department of State. "Guinea." Country Reports on Human Rights Practices for 2013. [Accessed 14 Mar. 2014]

XE. 21 March 2014. "Convertisseur de devises XE." [Accessed 18 Mar. 2014]

Additional Sources Consulted

Oral sources: Attempts to contact representatives of Avocats sans frontières Guinée and Les mêmes droits pour tous were unsuccessful.

Internet sites, including: Africa Time; AfriNews; AllAfrica; Amnesty International; Aujourd'hui en Guinée; ASF Network; Centre guinéen de promotion et de protection des droits de l'homme; ecoi.net; Espace FM Guinée; Factiva; Freedom House; Galanyi.com; Global Gayz; Guinée 7; Guinea - Comité national de lutte contre le sida; Guinée Presse Info; Human Rights Watch; Infoguinée; International Gay and Lesbian Human Rights Commission (ILGA); Jeune Afrique; Le Jour; Jours de Guinée; Kaloum Presse; Kibarou; KiosqueGuinée; Namati; Les Ondes de Guinée; Pink News; United Nations - Refworld; VisionGuinée.info.