The present document focuses on the situation of homosexual persons in Guinea. As it is limited to sexual orientation, no reference will be made to the acronym LGBTI, which also encompasses other aspects. In this document, the word « homosexual » refers to women as well as to men.
The documentary research covers the period from 1 January 2015 to 15 November 2017.
Under the new Guinean Criminal Code of 2016 - as in the previous 1998 version - indecent or unnatural acts with an individual of the same sex are punishable by imprisonment or a fine. According to sources, there are no laws protecting or defending the rights of homosexual persons in Guinea.
In the matter of criminal prosecution, Amnesty International reported three cases of arrest and conviction of homosexual persons in 2015. Contacted by Cedoca, a Guinean lawyer, member of Lawyers without Borders Guinea, had no knowledge of arrests, prosecution or conviction of homosexuals or suspected homosexuals in 2016 and 2017. The same source had no information on homosexual persons being arrested, arbitrarily detained or ill-treated by the police. According to the association Afrique Arc-en-Ciel Conakry, in 2016 and 2017 a small number of gay men were arrested by the police, who confiscated their possessions and made them pay a fine before releasing them.
Generally, the social stigma attached to homosexuality prevents victims of discrimination based on sexual orientation from reporting abuse.
Homosexuality is a taboo subject in Guinea and is seen as going against the social order. To avoid being ostracised, homosexuals often have to hide their sexual orientation.
Regarding media coverage in Guinea, press articles consulted by Cedoca for the reference period reported cases of arrest, the often hostile attitude of the population and police reaction. Media sources also reported the position of different political and religious figures, in a country where there is a taboo on debating homosexuality.
Homosexual persons met during the 2011 joint mission of the Belgian, French and Swiss asylum bodies insisted on financial independence as an essential factor to avoid marginalisation or exclusion at family as well as societal level. Whereas the Guinean online press reported a small number of acts of homophobic violence committed by the population, reports from human rights organisations do not contain any information on the subject.
According to Afrique Arc-en-Ciel Conakry, homosexual persons face discrimination in the field of housing and employment, but their access to health care has improved.
There are a few meeting places for homosexual persons in Conakry but none are exclusively so. The association Afrique Arc-en-Ciel Conakry is the only actor in the field of homosexual rights, focusing on raising awareness on HIV/AIDS prevention and detection, and on fighting discrimination and stigmatisation of HIV/AIDS patients.
During the reference period, no cases of state-sponsored violence against homosexual persons were reported in Guinea by sources specialised in homosexual rights or general human rights. The online press reported in December 2015 that the Minister for Human Rights and Public Liberties expressed his support for homosexual persons, saying they should enjoy the same rights as any other citizen. Different sources reported that religious circles in Guinea condemned homosexuality.
The policy implemented by the Commissioner General is based on a thorough analysis of accurate and up-to-date information on the general situation in the country of origin. This information is collated in a professional manner from various, objective sources, including the EASO, the UNHCR, relevant international human rights organisations, non-governmental organisations, professional literature and coverage in the media. When determining policy, the Commissioner General does not only examine the COI Focuses written by Cedoca and published on this website, as these deal with just one aspect of the general situation in the country of origin. The fact that a COI Focus could be out-of-date does not mean that the policy that is being implemented by the Commissioner General is no longer up-to-date.
When assessing an application for asylum, the Commissioner General not only considers the actual situation in the country of origin at the moment of decision-making, he also takes into account the individual situation and personal circumstances of the applicant for international protection. Every asylum application is examined individually. An applicant must comprehensively demonstrate that he has a well-founded fear of persecution or that there is a clear personal risk of serious harm. He cannot, therefore, simply refer back to the general conditions in his country, but must also present concrete, credible and personal facts.
There is no policy paper for this country available on the website.