GUINEA: Children's Rights References in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

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Guinea - 8th Session - 2010
4th May, 10am to 1pm

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National Report
Compilation of UN information
Summary of Stakeholder compilation
Final Report
Accepted and rejected recommendations

National Report

-Guinea is part of the CRC and the ACRWC

Civil and political rights:

-Fair trial and detention: Persons are often detained longer than the legal period of detention, especially women and children. The separation of adult men, women and children is not respected. The special court for children is not functioning because of a lack of assessors. Prison guards have not received sufficient professional training.

-Gender equality: there is a policy of affirmative action to increase the number of girls enrolled in school, but it is not effective

-Slavery and forced labour: The constitution and social laws provide for the abolition of child labour.

-Right to judicial recognition and special recognition of children: The right to life is a principle for every Guinean child. Children in conflict with the law in the age between 13 and 18 are specially protected by the law. Capital punishment is not applicable to children; imprisonment is only acceptable as a last resort.

-Guinea has signed the accord on regional cooperation to fight against human trafficking, especially of women and children. The courts have delivered severe sentences against perpetrators. Children are vulnerable to trafficking and enter into conflict with the law because of poverty. They escape from judiciary proceedings.

-Statutory rules prohibit the recruitment of children under 18 into the army.

-A children's parliament has been created.

-A national policy of birth registration has been created with the goal of a 100 % registration of -children between 0 and 8 years by 2015.

Social, economic and cultural rights:

-Right to health: There are special programmes for children and women to provide for vaccinations, the fight against malaria and malnutrition.

-Right to education: Education is a right for every citizen and is free of charge and mandatory under the constitution. Secondary education is free also and efforts are under way to make studying free. Primary enrolment rose from 62 % in 2001 to 78 % in 2006. Success rates went from 27 % in 2000/01 to 60 % in 2005/06. Teacher/pupil ratio is 44.1 for primary and 35 for secondary education, while there are important differences between rural and urban regions. The government joined the programme Education for All in order to achieve the Millennium Development Goal in this sector.

-Right to adequate food and health: Infant mortality was reduced from 91 per 1,000 births to 91 between 1999 and 2005. There is a very high rate of maternal mortality (980 per 100,000 births in 2005). Government action will focus on assisted births and maternity, fight against sexual mutilation of girls and enlargement of vaccination programmes.

-Malnutrition passed from 25 % to 85 % between 1992 and 2003, 36 % of children are affected by retarded growth. Malnutrition for under-fives passed from 26 % to 35 % between 1999 and 2005. Government programmes include the distribution of iron and vitamin A for children.

-Promotion and proction of the woman and the child: There has been the creation of a ministerial department for the protection of women and children, a national directorate for pre-scolar education and the protection of childhood. Since 2009, Guinea has a code of the child

-UNICEF financed the establishment of a national inquiry on child trafficking, while the government elaborated a national action plan and ratified ECOWAS conventions on judiciary cooperation and extradition to stop child trafficking. This has been followed by several bilateral cooperation agreements. Studies have been conducted on the trafficking of women and girls

-There has been an awareness-raising week on child trafficking, training sessions for security forces, a media campaign financed by the USA and UNICEF and training sessions for pupils in Conkary, as well as for girls in zones affected by rebel movements

Cooperation with human rights mechanisms:

-Guinea submits the reports mandatory for the application of the Convention on the Rights of the Child

Progresses on the national level:

-The establishment of a code of the child and its rapid publication
-Increase of the enrolment into school from 77 % in 2005 to 79 % in 2008 (from 68 % to 71 % for girls)
-Vaccinations for 0-5 year olds and Caesarians free of charge in hospitals, distribution of treated mosquito nets
-A 5-year national programme against female genital mutliation
-The separation of children, adult women and adult men in prisons

Best practices:

-Local committees to watch over child trafficking
-A national directorate of civic education, introducing human rights education and international humanitarian law in the school curricula

Difficulties and constraints:

-Problems with customary practices: forced and early marriage, mutilation, violence against children, infibulation. Modern law and customary law are incompatible on questions such as heritage, marriage and child protection. Problems are often discussed in informal settings.
-The harmonisation between international instruments and domestic law is not completed
-A lot of children do not have birth certificates. A new national service has been created to promote the registration of births.

UN Compilation

9. In 2009, the ILO Committee of Experts on the Application of Conventions and Recommendations noted the Government’s indication that it has established a system for the monitoring and surveillance of Child Labour, which is composed of a national coordination unit in the National Directorate of Employment.19

12. In 2005, Guinea adopted the Plan of Action (2005-2009) for the World Programme for Human Rights Education focusing on the national school system.23 To implement the World Programme, the Ministry of Pre-University Education and Civic Education has undertaken a number of activities to promote human rights education in the school system.24

48. A 2009 United Nations Statistics Division source indicated that the net enrolment ratio in primary education increased from 72.7 per cent in 2006 to 75.1 per cent in 2007.91 The 2005 Common Country Assessment indicated that: “discriminatory practices that undermine women’s rights are still common... Illiteracy continues to be a cause for concern, in particular among women, despite substantial progress reported in this area.”92 In 2009, the ILO Committee of Experts requested the Government to supply detailed information, including statistical data, on all measures taken to secure equal access to and participation in general education for women and girls and vocational training for women.93

49. CEDAW was concerned about the very high rate of illiteracy among women and girls, the very low number of girls in higher education, the low level of schooling of girls, in particular in rural areas, and the high dropout rate of girls, including for such reasons as pregnancy and early and forced marriage.94 It recommended that the State implement measures to ensure equal access for girls and women to all levels of education and to ensure the retention of girls in school. It requested the implementation of specific measures to enable girls to complete their schooling after childbirth, and to combat early and forced marriage as obstacles to their education.95

Stakeholder Information

21. HRW reported that the Child Code was adopted in May 2008. The Code contains several enhanced protection measures for children, and throughout the year government and international organizations were engaged in a public awareness campaign to combat trafficking. The establishment of a special police unit to investigate child prostitution, trafficking, and other abuses resulted in a few arrests; however, there have been few prosecutions.39

23. Global Initiative to End All Corporal Punishment of Children (GIEACPC) reported that corporal punishment is lawful in the homes and in alternative care settings.41 GIEACPC recommended that Guinea introduce legislation as a matter of urgency to prohibit all corporal punishment of children in the family home and all other settings.42

38. HRW reported that significant numbers of children continue to labour in gold and diamond mines and quarries where they perform dangerous work for little pay. Tens of thousands of girls – some trafficked from neighbouring countries-work as domestic labourers, often in conditions akin to slavery.81

48. IRPP reported that the Ministry of Education is currently trying to incorporate the madrasas into the government-financed system, as to compel them to offer a public school curriculum.94

Accepted and Rejected Recommendations

The following recommendations were accepted by Guinea:

71. A - 2. Advance significantly in the submission of overdue reports to different Treaty Bodies, as well as sign and ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights; the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women; the two Optional Protocols to the Convention on the Rights of the Child; the International Convention for the Protection of All Persons from Enforced Disappearance; and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Spain);

A - 6. Take effective measures to ensure protecting children's rights in conformity with its international obligations (Ukraine);

A - 12. Study the possibility of developing and adopting in the near future a national action plan on the rights of the child (Belarus);

A - 30. Follow up on the recommendations of the Committee on the Elimination of Discrimination against Women on redoubling national efforts in favour of gender equality, in particular through education and awareness-raising campaigns; the investigation and punishment of violations of the rights of women and girls, in particular sexual violence; and the rehabilitation and compensation of victims (Mexico);

A - 32. Further improve the protection of women and girls against violence and discrimination (Germany);

A - 40. Enact without delay national legislation on domestic violence and marital rape and all forms of sexual abuse, and ensure equal rights for women, in law and in practice, in the areas of land ownership, inheritance, marriage and the protection of women and children, as recommended by the Committee on the Elimination of Discrimination against Women (Israel);

A - 45. Undertake more effective measures to address the problems of impunity and violence against women and girls, including through the strengthening of law enforcement and the judicial system and intensive media and education programmes aimed at increasing public awareness and sensitivities on the rights of women (Malaysia);

A - 46. Pursue the fight against the impunity of the perpetrators of sexual violence against women and young girls (Senegal);

A - 49. Continue its efforts to combat the trafficking of women and children in law and in practice, and take adequate measures to combat the phenomenon by providing comprehensive information and data on trafficking in women and girls, as recommended by the Committee on the Elimination of Discrimination against Women (Israel);

A - 51. Punish and prevent trafficking in children for the purpose of forced labour (Argentina);

A - 67. Take all measures necessary to combat impunity and bring to justice those responsible for or involved in serious human rights violations, and in particular acts of sexual violence against women and girls (Republic of Korea);

A - 75. Noting the possible crimes against humanity, including sexual violence against women and girls, committed during the events starting on 28 September 2009, and recognizing that Guinea has ratified the Rome Statute of the International Criminal Court, bring to justice those responsible for those violations and combat impunity for those events (Costa Rica);

A - 95. Continue the efforts in providing free education and health care and combating female genital mutilation and HIV/AIDS (Indonesia);

A - 96. Take all measures necessary to increase State financing for education (Belarus);

A - 97. Ensure that girls and women have equal access to education at all levels, and ensure the retention of girls in school (Norway);

A - 105. Seek support from the international community, and particularly from United Nations institutions and programmes, in order to establish capacity-building and technical assistance programmes, notably in the areas pertaining to human rights training; child labour; women's rights, particularly female genital mutilation; security, in particular the reinforcement of the army and the judiciary; support for families and communities to help them in fighting against the effects of poverty and HIV/AIDS; education; and juvenile justice (Côte d'Ivoire).

No recommendations were rejected by Guinea

The following recommendations are pending by Guinea:

72. P - 2. Ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights; the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights; the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women; the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography; the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; and the International Convention for the Protection of All Persons from Enforced Disappearance (Argentina);

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