A/HRC/15/4
8.
However, a lack of political will has affected the implementation of national and
international legislation on human rights. That deficiency has led to serious and massive
human rights violations by successive Governments. Denunciations and complaints, linked
to political instability and lack of security, have resulted in massive uprisings and general
disputes. In December 2008, in circumstances in which the State was incapable of carrying
out its functions, the National Council for Democracy and Development took power
through a coup d’état, raising high hopes for change. Unfortunately, disagreements on
issues related to good governance have affected the new course. Human rights violations,
which commenced in June 2006, have continued up to September 2009.
9.
The signature of the Ouagadougou Agreements created favourable conditions for a
return to peace and the prevention of social tensions throughout the country. The
Transitional Authority, an outcome of the Ouagadougou Agreements, is committed to the
holding of free, fair and transparent elections. As a first step, it began a review of basic
laws, the electoral code and other legislation, such as the civil code, which will form the
institutional regulatory framework for ensuring that human rights are respected individually
and collectively.
10.
The delegation pointed out that the blossoming of associations, unions and nongovernmental organizations marked an important stage in the history of Guinea, a process
that ultimately led to the establishment of the National Human Rights Directorate and the
Guinean Observatory for Human Rights. Simultaneously, the development of a very active
network of associations with a great deal of autonomy has helped to lend new impetus to
the promotion and protection of human rights. Hundreds of associations have become
indispensable and responsible partners of the public authority and have seen their fields of
action broadened.
11.
The delegation noted that the Constitution and the Criminal Code enshrine the
sacred nature of human life and human beings. As a consequence, law prohibits all attacks
against life and physical integrity. Nevertheless, Guinean law has maintained the death
penalty for the most serious crimes. Although courts mete out such sentences, the
Government has been observing a de facto moratorium since 2002. Additionally, various
measures have been undertaken to effectively combat all forms of violence, such as female
genital mutilation and sexual violence.
12.
Repression through the abuse of authority, especially by law enforcement officials,
has been rarely undertaken. In that regard, the Transitional Authority is committed to
ending impunity, which has been the cause of complaints that have recently been a source
of great concern in the country. The Constitution and various legislative texts make
freedom and fundamental rights top priorities of the legal system. The transitional body,
under the leadership of General Sékouba Konate, has undertaken an institutional reform
designed to consolidate the State’s capacity to prevent and punish human rights violations.
A better-controlled executive power, a strengthened parliament and an independent
judiciary are the main components of the process of institutional reform. Reinforcing the
rule of law is a long process, fraught with obstacles and challenges, that the Government
should address with the help of the international community and through harmonious work
by political parties.
13.
Poverty and illiteracy are major obstacles to the exercise and enjoyment of human
rights, such as access to potable water, electricity, sufficient and good-quality food, health,
adequate housing and education. Therefore, the introduction of human rights and
humanitarian law in the curriculums of universities and vocational schools, especially those
for law enforcement officials and armed forces, should be provided for in the Constitution
as a governmental responsibility. All forms of the abuse of women and children, including
traditional practices, should be progressively eliminated through awareness-raising and
information programmes for the population.
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