A/HRC/16/26
certificates confirming rapes, especially if the alleged perpetrator is a member of the
security forces. In addition, victims themselves are sometimes reluctant to seek immediate
medical assistance and often first consult with neighbourhood practitioners and traditional
doctors who are perceived as a more confidential recourse. Some national and international
NGOs are seen to offer better medical and psychological care to survivors, with trained
doctors and equipped clinics. In addition, they deliver medical certificates more easily and
are generally more empathetic to the survivors’ plight.
29.
In its report submitted to the Secretary-General in December 2009 (S/2009/693), the
International Commission of Inquiry documented at least 109 instances of rape and other
sexual violence following the events of 28 September 2009 and made a number of
recommendations in this respect, namely that survivors receive medical and psychological
care (particularly for HIV/AIDS and other sexually transmitted diseases) and protection
from intimidation and threats.
30.
At the time this report was being finalized, OHCHR was not aware of any case
where a survivor or victim of rape during the 28 September events had received financial
compensation. There is no evidence either that the Government has started a plan to
identify victims for the purposes of compensating them as recommended by the
International Commission of Inquiry.
31.
During the reporting period, OHCHR also investigated cases of violence against
children and other harmful traditional practices. Despite criminalization in the Children
Code and several national campaigns and sensitization on the subject, female genital
mutilation remains common practice in Guinea.
3.
Poverty and economic, social and cultural rights
32.
The long-standing dictatorship, bad governance, widespread corruption and a
collapsing infrastructure have exacerbated the vulnerability of population, particularly in
terms of health, access to water, sanitation, nutrition and education. Food security remains
extremely fragile in most regions and an increasing number of households cannot afford the
rising food prices. These challenges constitute the main obstacles to the realization by many
Guineans of their economic, social and cultural rights including the right to food, health,
education and development.
B.
Institutional capacity to promote and protect human rights
33.
An inadequate legislative framework, insufficient institutional capacity and a
nascent civil society characterize the human rights architecture in Guinea. In addition,
cooperation between Guinea and the United Nations human rights mechanisms remains
tentative.
1.
Administration of justice
34.
Generally, the judicial system in Guinea suffers from understaffing, a shortage of
trained personnel and resources, and the lack of independence and corruption, which
seriously hampers access to justice for victims of human rights violations and favours the
general state of impunity in the country. There are fewer than 300 magistrates and 200
lawyers in the country, the vast majority of them based in Conakry. The judicial system is
composed of the Supreme Court, the Assize Court, 2 appeals courts, 10 trial courts and 26
district courts. The Assize Court does not convene regularly.
35.
During the period covered by this report, OHCHR-Guinea monitored several trials
in Conakry and Nzérékoré and expressed concern about their inconsistency with
international standards. In particular, the Office identified concerns with respect to
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents