Types of criminalisation

  • Criminalises sex between men
  • Criminalises sex between women
Penal Code 1998, Article 325 Acts Against Nature

Article 325 of the Penal Code criminalises “any indecent act or act against nature” with a penalty of up to three years imprisonment and a fine. The provision is gender-neutral, criminalising such acts both between men and between women.1

Enforcement

2017

The US Department of State Human Rights Report for Guinea states that there were no known prosecutions during the year.

2013

The 2013 US Department of State Human Rights Report suggests that no LGBT individual has been successfully prosecuted under the country’s anti-gay laws, though it suggests that arrests do occur.

2012

In 2012 an investigation unit was established to identify “moral violations”. Same-sex sexual activity falls within the unit’s mandate.

Statements by Public Figures

2015

In 2015, Oustaz Ramadan, an imam from the large mosque of Koloma, stated the following when talking about homosexuality: “it is something to be avoided. People must condemn any person caught doing these types of things. The authorities must also make arrangements to penalise these people.”

People must condemn any person caught doing these types of things. The authorities must also make arrangements to penalise these people.

Oustaz Ramadan, Imam

2014

In 2014, a Guinea Scholar, Cheick Souleymane Sidibé, denounced the possibility of gay marriage in Guinea whilst praying for the disappearance of Ebola in the country – appearing to link the two.2

Persecution and Discrimination

2017

The US Department of State Human Rights Report states that there were no official or NGO reports of discrimination based on sexual orientation or gender identity, although societal stigma likely prevented victims from reporting abuse or harassment. There were no active LGBT organisations.

Legislative News

2015

During its second UPR cycle, Guinea noted all of the recommendations concerning the decriminalisation of consensual same-sex activities and to avoid adopting any discriminatory measures against people on the basis of their sexual orientation.

2010

In its first UPR cycle, no recommendations were made as to the criminalisation of homosexuality, however, stakeholders did note their concerns at the existence of those laws.

Footnotes
1. Penal Code 1998, Article 325 Acts Against Nature

“Any indecent act or act against nature committed with an individual of the same sex will be punished by six months to three years of imprisonment and a fine of 100,000 to 1,000,000 Guinean francs.” Full text.

2. MG Africa

MG Africa, “The ‘homosexuality link’ to Ebola”, 7 August 2014, accessed 8 October 2014.

Keep in Touch

Sign up to our newsletter for updates on key legal challenges to anti-LGBT laws around the world, news on the reform of discriminatory laws in the Commonwealth, comment from our Director on landmark judgments and employment opportunities at the Trust.

SIGN UP FOR OUR NEWSLETTER