Guinea

Same-sex sexual activity is prohibited under the Penal Code 2016, which criminalises ‘indecent acts or acts against nature’. This provision carries a maximum penalty of three years’ imprisonment and a fine. Both men and women are criminalised under this law.

Guinea has criminalised same-sex sexual activity since at least its 1998 Penal Code. In 2016 a new Penal Code was adopted, in which the criminalising provision was maintained and substantively unchanged.

There is limited evidence of the law being enforced in recent years, with LGBT people being occasionally subject to arrest. Reports of discrimination and violence being committed against LGBT people in recent years are rare due to widespread social stigma which prevents them from reporting incidents.

2016

In 2016, a new Penal Code was adopted. This Code maintained the criminalising provisions found in the 1998 Penal Code.

2025

Civil society reporting to the latest Universal Periodic Review of Guinea noted that since the 2021 coup, law enforcement have made repeated raids on places where LGBT meet and have made arrests. Most arrests result in bribes being paid to avoid formal legal proceedings, and cases are usually registered under other laws.

2024

Freedom House’s Freedom in the World report asserts that although the law is rarely enforced, LGBT people have been arrested on lesser charges in connection with their identity. It is not stated which laws are used in this context.

ILGA World’s Our Identities Under Arrest report recorded around 15 examples of arrests of LGBT people. While details are often scare, none of these cases appear to have resulted in prosecution, with many being resolved through the payment of bribes.

2023

The US Department of State reports, including 2023, have not found any examples of prosecutions in recent years, although it notes that a unit within the Ministry of Security exists to investigate ‘morals offences’, including same-sex sexual activity. The reports mention that LGBT individuals face harassment and persecution by law enforcement officials and often pay bribes in order to avoid arrest.

2016

Amnesty International noted in a report on Guinea that at least three people were arrested due to their sexual orientation in 2015-2016, and two were sentenced to three months’ imprisonment.

2013

The 2013 US Department of State report noted that authorities allegedly arrested ‘cross-dressing men’ in nightclubs on public nuisance charges. It is not clear whether these arrests resulted in prosecutions.

2025

Civil society reporting to the latest Universal Periodic Review noted the impact of criminalisation, including that LGBT avoid seeking HIV treatment, and prejudice and discrimination are among the main obstacles to education and employment for LGBT people. LGBT people who are open about their identity are subjected to violence, including stone throwing and public insults.

2023

The US Department of State notes that “LGBT people face arbitrary arrest, violence, and harassment by security forces who accused them of disrupting the social order.” LGBT people face stigmatisation, societal discrimination, and sexual assault due to their sexual orientation. Trans people were subjected to “compassionate incarceration” to “protect” them from community violence.

2016

A report by the Immigration and Refugee Board of Canada noted an incident in which two young people who wore t-shirts supporting LGBT rights were attacked and then arrested by police.

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