A/HRC/16/26
crimes. The judges have reportedly interviewed more than 200 victims. However, as of
December 2010, none of the survivors of rape and other sexual violence of 28 September
2009 known to OHCHR-Guinea had been interviewed. In addition, most of the persons
named in the final report of the International Commission of Inquiry still held office as of
December 2010 and had not been prosecuted. OHCHR-Guinea is envisaging closer
cooperation with the panel of judges in 2011.
24.
For the last five decades, civil society organizations and human rights defenders
have faced difficulties in promoting and protecting human rights in Guinea, as illustrated by
the repression of demonstrations in January and February 2007. In January 2007, the
Guinean labour unions provoked general unrest in protest against the interference of the
Government in the administration of justice, after the release from prison of the trade union
leader, Mamadou Sylla, by President Lansana Conté. In two months, the violence had
spread throughout the country. The military, in particular the Presidential Guard, killed 226
people, according to the report issued by the Coalition pour la Défense des Victimes des
Evénements de Janvier et Février 2007 en Guinée. While the then Government approved
the establishment of a national commission of inquiry, including eminent and reputed
human rights activists, to investigate the alleged human rights violations committed during
these events, it never functioned, due to a lack of political will.
2.
Sexual and gender-based violence and harmful traditional practices
25.
Following extensive national consultations, in September 2010, the Ministry of
Social Affairs and the Advancement of Women and Children in Guinea adopted a national
strategy to combat gender-based violence. The strategy includes a number of long-term
actions for the prevention of sexual and gender-based violence and the support of survivors.
The United Nations Country Team, with OHCHR assistance, and the Government are in the
process of adopting a joint programme based on the national strategy, for implementation in
2011. In the meantime, the issue of sexual and gender-based violence in Guinea remains
worrisome given the several shortcomings in the relevant legislation, the prevailing culture
of impunity and cultural barriers, as described below.
26.
Under the Penal Code, only rape is recognized as sexual violence and rape is defined
narrowly to consist exclusively of sexual penetration. As a result, prosecutors often have to
invoke other offences such as assault in order to prosecute other types of sexual violence
that do not constitute rape as defined in the Penal Code. Moreover, rape is not considered as
a crime against the person, as is the case with murder, but as a crime against morality.
While the penalty for rape is consistent with international practice and trends (from 5 to 20
years’ imprisonment), the aggravating elements for the crime of rape are not in conformity
with the provisions of the Convention on the Rights of the Child. Article 321 of the
Guinean Penal Code provides that rape is only aggravated if the victim is under the age of
14. There is no provision for children aged between 14 and 18.
27.
Between September and November 2010, OHCHR documented numerous cases of
rape committed by civilians that appeared to be politically motivated and in the context of
angry “retaliatory” attacks perpetrated by mobs in response to political events. Some
victims appeared have been targeted according to their community and, to a lesser extent,
their political affiliation. Members of the security forces allegedly also raped several young
women and girls during the large-scale violence against UFDG activists from 15 to 27
November 2010, in Conakry and Labé.
28.
Medical and psychological care for victims of sexual and gender-based violence is
generally inadequate. The few hospitals, especially those in rural areas, lack sufficient staff
and proper equipment. Survivors are usually directed to the maternity wards of public
hospitals where doctors reportedly give very little consideration to their condition.
Furthermore, owing to fears of persecution, doctors are often reluctant to provide medical
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