A/HRC/44/5
34.
South Africa welcomed the signing and ratification of the Convention on the
Elimination of All Forms of Discrimination against Women, the Convention on the Rights
of the Child and the Convention on the Rights of Persons with Disabilities.
35.
Spain recognized the reforms carried out in the justice and security sector, and the
criminalization of torture in the Criminal Code.
36.
The Sudan welcomed the commitment of Guinea to having constructive relationships
with the Human Rights Council.
37.
Timor-Leste appreciated the abolition of the death penalty in the Criminal Code and
the Code of Military Justice. It also welcomed the adoption of the national strategic plan to
end the practice of female genital mutilation and the national policy on social protection.
38.
Togo welcomed the criminalization of torture in the new Criminal Code, the creation
of the national committee to combat trafficking in persons and similar practices, and current
arrangements to ensure the effectiveness of the law on the protection of the rights of persons
with albinism.
39.
Tunisia welcomed the efforts made with regard to women’s rights, sexual and
reproductive rights and workers’ rights, and measures taken to improve the working
environment.
40.
Responding to questions and observations made by States, the delegation of Guinea
stressed that Guinea had ratified all of the main conventions. Only a few instruments had not
yet been ratified, including the Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the death penalty. The abolition of the
death penalty in the Criminal Code was the first step towards the ratification of the Second
Optional Protocol to the Covenant. With respect to the death penalties that had been handed
down, there had been no executions since 2003. Guinea was a de facto abolitionist, while
waiting for a formal law to be adopted. Death sentences that had been handed down would
de facto be commuted to life imprisonment. There were still formal measures regarding the
suspension of the death penalty or amnesty that must be taken.
41.
The national independent human rights institution had been established by legislation
adopted under the transition military regime. The principles relating to the status of national
institutions for the promotion and protection of human rights (the Paris Principles) were the
foundation of that institution, but they had not been fully complied with. Studies were
currently under way to restore the institution and strengthen its capacity.
42.
In addition to the children’s code, the Civil Code took into account all aspects of
discrimination against women. For the first time, the country had reversed the trend of
polygamy. It was no longer a right or principle, but rather an exception. Civil authorities
began marriage ceremonies by stating that the couple were subject to monogamy unless the
man said to the woman and to the civil authorities that he intended to engage in polygamy. If
the woman was not in agreement, the marriage would not take place. That was an important
step forward towards the abolition of polygamy, which had been set out in legislation.
Polygamy would be reduced gradually as society evolved.
43.
The children’s code had been adopted and covered all of the provisions of conventions
concerning the rights of children, including civil status. Civil status was mentioned in the
children’s code and in the Civil Code. The Government was now aligning State services with
the Civil Code with respect to birth and death registration. Forced marriage was prohibited
in the Civil Code and in the children’s code. In the Criminal Code, marriage below a certain
age was also prohibited.
44.
The right to property was guaranteed under the Constitution and under all relevant
laws. It could be questioned only if there was an issue of public utility. Political
demonstrations were guaranteed by the Constitution of Guinea. The right to demonstrate was
guaranteed. It was covered by series of laws, which called upon organizers to uphold a
number of measures, including declaring the organization of the demonstration to the
committee that oversaw demonstrations, showing that the demonstration would be peaceful
and ensuring that security would not be undermined. The security forces could then oversee
the demonstration without carrying weapons.
5
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