Guinea

Article 5

The human person and their dignity are sacred. The State has the duty to respect them and to protect them. The rights and freedoms enumerated hereafter are inviolable, inalienable and imprescriptible.

They found all human society and guarantee peace and justice in the world.

Article 6

The human being has [the] right to the free development of his personality. He has [the] right to life and to physical and moral integrity; no one may be subjected to torture, to pain [peines] or to cruel, inhuman or degrading treatments.

No one is required to execute a manifestly illegal order.

The law determines the order manifestly illegal.

No one may take advantage [se prévaloir] of a received order or of an instruction to justify acts of torture, abuse [sévices] or cruel, inhuman or degrading treatments committed in the exercise or on the occasion of the exercise of their functions.

No situation of exception or of emergency should [ne doit] justify the violations of human rights.

Article 20

The right to work is recognized to all. The State creates the conditions necessary for the exercise of this right.

No one may be prejudiced [lésé] in their work by virtue of their gender, of their race, of their ethnicity, of their opinions or of any other cause of discrimination.

Each one has the right to affiliate [adhérer] with the union of their choice and to defend their rights through union action. Each worker has the right to participate, by the intermediate of their delegates, to the determination of the conditions of work

The right to strike is recognized. It is exercised within the framework of the laws that govern [régisents] it. It may not in any case infringe the freedom of work.

The law establishes the conditions for the assistance and the protection to which the workers have right.

Article 24

The law guarantees to all the exercise of the fundamental freedoms and rights. It determines the conditions in which they are exercised.

It may only establish[,] concerning these freedoms and these rights, those limits that are indispensable to maintain the public order and democracy.

The groups whose purpose or activity is contrary to the laws or that manifestly trouble the public order may be dissolved.

Constitution of Guinea 2010 (PDF)

Article 328:

Procuring is the activity of a person who favors the debauchery of others by acting as an intermediary.

Article 329:

Will be considered pimp and punished by imprisonment from 6 months to 2 years and a fine of 50,000 to 400,000 Guinean francs, without prejudice to more severe penalties if they fail, the person:

1) – Who, in any way aids, assists or knowingly protects the prostitution of others or soliciting for prostitution;

2) – Who, in any form, sharing the proceeds of the prostitution of others or receiving money from a person who habitually engages in prostitution;

3) – Who knowingly living with a person who habitually engages in prostitution and can not justify the resources corresponding to his lifestyle;

4) – Who hires, or maintains, even with her consent, a person, even an adult, for prostitution or engaging in prostitution or debauchery;

5) – which acts as an intermediary in any capacity between those who engage in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others.

Article 330:

The penalty shall be imprisonment from 2 to 5 years and a fine of 100,000 to 1,000,000 Guinean Francs, where: 1) – The crime was committed against a minor; 2) – The crime was accompanied by coercion, abuse of authority, or fraud; 3) – The perpetrator was carrying a weapon apparent or hidden; 4) – The perpetrator is a husband, ascendant, tutor, teacher, servant to guarantee the victim or servant of the people to pledge above designated official or minister of religion; 5) – The offender is required to participate in its functions to the fight against prostitution, protection of health or the maintenance of public order;

6) – Whoever, by threats, pressure, deception or other means, obstructs the prevention, control, assistance or rehabilitation undertaken by qualified organizations for persons engaged in prostitution or danger of prostitution.

Article 331:

Shall be punished by imprisonment from 1 month to 2 years and a fine of 50,000 to 200,000 Guinean francs, except in pursuance of more severe penalties if any, who will usually attempted sexual offense in the exciting promoting debauchery or corruption of minors 18 years or even occasionally the age of 16. The same penalty will be applied against those who tolerate the exercise of habitual debauchery by persons engaged in prostitution in premises or sites available to him in any capacity whatsoever. The occupant and the person engaging in debauchery are jointly responsible for payment of damages that can be allocated for disturbing neighbors. If usual practice of the facts mentioned above, the termination of the lease and evict the tenant, subtenant or occupant who gives himself or tolerated it is pronounced by the judge as an emergency procedure, the request of the owner, tenant, occupant or adjacent to the building. The attempt of the offense under this section shall be punished the same penalties as the crime itself.

Article 337:

A person who has entered into an agreement for the purpose of alienating, free of charge or for consideration, the liberty of a third person, shall be punished with imprisonment for five to ten years .

The confiscation of money, objects or securities received in execution of the said agreement shall always be pronounced.

The fact of obtaining from a person by abusing his vulnerability or dependency, the provision of unpaid services, or in return for compensation manifestly unrelated to the importance of the work done will be punished by Punishment from 6 months to 5 years and a fine of 50,000 to 300,000 Guinean francs.

Submitting a person by abusing his vulnerability or dependency to working or accommodation conditions incompatible with human dignity shall be punished by a penalty of 1 month to 5 years and a fine of 50,000 to 500,000 Guinean francs.

Article 338:

Whatever the reason, the pledging of a person by a debtor to his creditor is formally prohibited.

Any agreement made in the course of a marriage and involving the fate of the children to be born of the marriage shall be treated as a pledge.

Article 339:

Anyone who has placed or received a person as a pledge for any reason shall be liable to imprisonment from one month to two years and a fine of between 50,000 and 360,000 Guinean francs.

The term of imprisonment may be increased to 5 years if the person pledged or received as a pledge is less than 15 years of age.

The offenders may in any case be deprived of the rights mentioned in article 37 of the present Code for at least 5 years and 10 years at the most.

Article 348:

A person shall be punished with imprisonment from one month to one year and a fine of 50,000 to 200,000 Guinean francs:

1) – Has, in a spirit of lucre, induced the parents or one of them to abandon their child,

2) – Has caused to be subscribed by the future parents or one of them an act under which They undertake to abandon the unborn child;

3) – Has detained and made use of such an act;

4) – Will have, in a spirit of lucre, brought his intercession to make collect or adopt a child.

Article 349:

Anyone who, by fraud or violence, has abducted or caused to be abducted a minor under the age of 18 years or has trained, diverted or displaced him or caused him to be dragged, diverted or moved

Where he was placed by those to whose authority or direction he was subject or entrusted, shall be sentenced to imprisonment for five to ten years.

Article 350:

If the minor thus abducted or diverted is under 15 years of age, the penalty shall be that of life imprisonment.

The same punishment shall be applied regardless of the age of the minor if the perpetrator has been paid or has been charged with paying a ransom by the persons under whose authority or supervision the minor was placed. However, in the cases provided for in the two preceding subparagraphs, the penalty shall be that of criminal imprisonment in time of 5 to 10 years if the minor is found alive before the conviction has been delivered. The abduction will carry the death penalty if followed by the death of the minor.

Penal Code (PDF)

Article 280:

Men under 18, women under 17 years old may marry. Nevertheless, the President of the Republic on the report of the Minister of Justice may, by decree, grant age exemptions for serious reasons. Demand is addressed to the prosecutor or the President of the Tribunal for transmission to Attorney General. A copy of the Decree is annexed to the marriage certificate.

Article 281:

Marriage requires the consent of the spouses.

Article 282:

This consent must be free and unpolluted.

Article 283:

It is expressed at the time of the celebration of marriage and found solemnly through the Registrar of civil status.

Article 284:

Persons who have not reached the age of 21, can not contract marriage without the consent of their father and in default of the father, not that of the person who performs the duties of head of household. This consent is given either orally during the marriage, or advance by act authentic and special. When the age difference between the spouses is more than thirty years, marriage can be celebrated only with the permission of the Minister of Interior.

Guinean Civil Code (PDF)

Article 2:

Forced or compulsory labor is absolutely prohibited. The term forced or compulsory labor means all work or service which is exacted from any person under the menace of any penalty and for which said person has not offered himself voluntarily.

Labour Code 1988 (PDF)

Article 298:

Is considered “economic exploitation” requiring intervention, children’s exposure to begging, trafficking, or the instruction of the a work that is likely to deprive him of his education, or be harmful to his health, his development or physical or moral integrity, or employment purposes and / or conditions contrary to this Code.

Article 385:

“Trafficking in persons” means the recruitment, transportation, transfer, harboring or receipt of persons by threat of use or use of force or other forms of coercion , By abduction, fraud, deceit, abuse of authority or vulnerability, or by the offer or acceptance of payments or benefits to obtain the consent of a person having authority over another for the purpose operating.

The exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or Removal of organs.

The recruitment, transportation, transfer, harboring or receipt of a Child for the purpose of exploitation shall be regarded as a trafficking in persons even if they do not use any of the means set out in paragraph 2 Of this Article.

Article 386:

Any perpetrator or accomplice convicted of trafficking in children shall be punished with imprisonment of 3 to 10 years and with a fine of 1,000,000 to 3,500,000 Guinean francs.

The attempt is punished as the offense itself.

Article 387:

The penalty shall be between 5 and 20 years’ imprisonment in time and a fine of 5,000,000 to 10,000,000 Guinean francs against any perpetrator or accomplice in child trafficking committed in the following circumstances:

– The victim is under 15 years of age at the time of the commission of the offense;

– The act was committed by violence, acts of torture or barbarism; – The author used narcotics to alter the will of the victim; The author was the bearer of an apparent or hidden weapon;

– The victim has been sequestered or exposed in a public or private place;

– Acts of trafficking have caused the child a physical, moral or mental incapacity or any other medical sequelae;

– Trafficking is the work of an organized group;

– The child was subjected to the worst forms of child labor;

– The purpose of the offense was the removal of one or more organs of the Child;

in case of recidivism.

The court may order the confiscation of all objects and materials used in the child trafficking process.

Life imprisonment shall be imposed when acts of child trafficking have resulted in the disappearance or death of the victim.

Article 388:

Anyone who solicits, receives gifts, promises, advantages of any kind, shall be punished with imprisonment of 1 to 5 years and with a fine of 500,000 to 2,500,000 Guinean francs. To facilitate the trafficking of children.

The attempt is punished as the offense itself.

The penalty shall be doubled if the author is an official of the public administration who has acted in the exercise of his functions.

Article 389:

A penalty of 6 months to 1 year of imprisonment and a fine of 50,000 to 2,500,000 Guinean francs shall be imposed on any parent or guardian who knowingly facilitates the trafficking of his child with a child Which he has custody.

The attempt is punished as the offense itself.

Child Code (PDF)

CHAPTER II: CRIMES AGAINST HUMANITY

Article 194

Any of the following acts constitutes a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population with knowledge of the attack:

1. murder ;
2. extermination ;
3. enslavement
4. deportation or forcible transfer of population ;
5. imprisonment or other severe deprivation of physical liberty in violation of fundamental provisions of international law;
6. torture;
7. rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation or

any other form of sexual violence of comparable gravity;

1. persecution of any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender or other grounds that are universally recognised as impermissible under international law, in connection with any act referred to in this Article or any war crime or genocide;
2. enforced disappearance of persons ;
3. crime of apartheid ;
4. other inhumane acts of a similar character intentionally causing great suffering or serious injury to body or to mental or physical health.

Article 195

Within the meaning of the previous article, the following shall be understood to mean

[..]

1. enslavement means the exercise of any or all of the powers attaching to the right of ownership over a person, including in the context of trafficking in human beings, in particular women and children

SECTION II : DU MARIAGE FORCE

Article 319

Forced marriage is strictly prohibited. All marriages must be concluded on the basis of the free, voluntary and mutual consent of each of the future spouses of full age, unless special provisions are made.

Article 320

Any person who, by any means whatsoever, forces a person to marry a partner he or she does not desire or not to marry a partner of his or her choice, shall be liable to imprisonment for a term of 3 months to 1 year and a fine of 500,000 to 2,000,000 Guinean francs, or to both, without prejudice to the payment of damages.

Article 323

Trafficking in persons is the recruitment, transportation, transfer, harbouring or receipt of a person for the purpose of exploitation in any of the following circumstances:

1. either with the use of threats, coercion, violence or deception directed against the victim, his or her family or a person in a habitual relationship with the victim;
2. or by a legitimate, natural or adoptive ascendant of that person or by a person who has authority over him or her or abuses the authority conferred on him or her by his or her position;
3. or by abuse of a position of vulnerability due to age, illness, infirmity, physical or mental disability or state of pregnancy, apparent or known to the perpetrator;
4. or in exchange or by the granting of remuneration or any other benefit or promise of remuneration or benefit.

The exploitation referred to in point 1 of this article is the act of placing the victim at the disposal of the victim or at the disposal of a third party, even if unidentified, either to enable the commission against the victim of the offences of procuring, sexual assault or sexual abuse, or enslavement, submission to forced labour or services, reduction to servitude, removal of one of its organs, exploitation of begging, working conditions or accommodation contrary to its dignity, or compelling the victim to commit any crime or offence. Trafficking in human beings is punishable by imprisonment for 3 to 7 years and a fine of 500,000 to 10,000,000 Guinean francs.

Article 324

Trafficking in human beings in respect of a minor is constituted even if it is not committed in any of the circumstances provided for in 1° to 4° of the preceding article. It is punishable by imprisonment for 5 to 10 years and a fine of 100,000,000 Guinean francs.

Article 325

The offence provided for in Article 323 is punishable by imprisonment for 7 to 10 years and a fine of 100,000,000 Guinean francs when it is committed in two of the circumstances mentioned in 1° to 4° of the same article or with one of the following additional circumstances:

1. in respect of more than one person ;
2. in respect of a person who was outside the territory of the Republic or at the time of his arrival on the territory of the Republic;
3. where the person was brought into contact with the perpetrator through the use of an electronic communication network for the dissemination of messages to an unspecified public;
4. in circumstances which directly expose the person in respect of whom the offence is committed to an immediate risk of death or injury of such a nature as to cause mutilation or permanent disability ;
5. with the use of violence which has caused the victim to be totally unable to work for more than 8 days;
6. by a person who is required by his or her duties to participate in the fight against trafficking or in the maintenance of public order;
7. where the offence has placed the victim in a serious material or psychological situation.

Article 327

The offences provided for in Articles 323 and 324 shall be punishable by criminal imprisonment for 20 years and a fine of 200,000,000 Guinean francs when committed in an organised gang.

Article 328

Offences under Articles 323 and 324 committed by means of torture or barbaric acts are punishable by life imprisonment and a fine of 250,000,000 Guinean francs.

Article 329

Where the crime or offence that has been committed or was to be committed against the person who is a victim of the offence of trafficking in human beings is punishable by a custodial sentence of a duration greater than that of the imprisonment incurred pursuant to Articles 323 to 327, the offence of trafficking in human beings shall be punishable by the penalties attached to the crimes or offences of which the perpetrator has knowledge and, if this crime or offence is accompanied by aggravating circumstances, by the penalties attached only to the aggravating circumstances of which he or she has knowledge.

Article 789

Other serious violations of the laws and customs applicable in international armed conflicts within the established framework of international law also constitute war crimes, namely, any of the following acts

[…]

e rape, sexual slavery, enforced prostitution, forced pregnancy as defined in the preceding article, enforced sterilisation or any other form of sexual violence constituting a grave breach of the Geneva Conventions

Article 792

Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, also constitute war crimes, namely, any of the following acts:

[…]

f. rape, sexual slavery, enforced prostitution, forced pregnancy as defined in the preceding article, enforced sterilisation or any other form of sexual violence constituting a grave breach of the Geneva Conventions